SCHEDULE 1Railway works
In the local government areas of Midlothian and Scottish Borders a railway from the Millerhill Marshalling Yard in Midlothian to Tweedbank in Scottish Borders substantially following the route of the former Waverley railway, including stations at Shawfair, Eskbank, Newtongrange, Gorebridge, Stow, Galashiels and Tweedbank, and comprising—
In the local government area of Midlothian—
Railway between the Millerhill Marshalling Yard and Old Dalkeith Road—
Work No. 1—A railway (3,600 metres in length) commencing by joining the Niddrie North Junction-Bilston Glen line (Edinburgh CrossailRail to Newcraighall) at a point in the Millerhill Marshalling Yard 7 metres south-west of the south-western corner of the bridge carrying Whitehall Road over the northern rail entrance to the Millerhill Marshalling Yard and terminating at a point 50 metres north of the bridge carrying Old Dalkeith Road (A68) over the Penicuik-Musselburgh Foot & Cycleway. Work No. 1 includes a bridge under the City of Edinburgh Bypass (A720) and a culvert to carry Dean Burn under the intended railway. Work No. 1 includes a station at Shawfair.
Work No. 1A—A bridge over the intended railway (Work No. 1) to provide access for the proposed Shawfair development.
Work No. 1B—An access road commencing by a junction with Work No. 1C at a point 117 metres south-west of the entrance to the CPL Distribution Depot on the unnamed road forming the western continuation of Newton Church Road and terminating at that entrance.
Work No. 1C—A realignment of the unnamed road forming the western continuation of Newton Church Road and of Newton Church Road commencing at a point in that unnamed road 190 metres south-west of the entrance to the CPL Distribution Depot on the unnamed road, passing over the intended railway (Work No. 1) and terminating at a point 195 metres north-east of the north-eastern corner of Hope Cottage. Work No. 1C includes a bridge over the intended railway (Work No. 1).
Work No. 1D—A road commencing by a junction with Work No. 1C at a point 200 metres north-east of the north-eastern corner of Hope Cottage and terminating by a junction with Newton Church Road at a point 110 metres north-east of the north-eastern corner of Hope Cottage.
Work No. 1E—A footbridge over the intended railway (Work No. 1) to provide access for the proposed station at Shawfair.
Work No. 1F—A footbridge over the intended railway (Work No. 1) at Longthorn between the junction of Newton Village with Newton Church Road and a point 105 metres south-east of the south-eastern corner of Hope Cottage.
Work No. 1G—A road commencing by a junction with Millerhill Road (A6106) and the commencement of Work No. 1J, at a point 222 metres west of the roundabout at the junction of that road and Old Craighall Road (B6415), passing over the intended railway (Work No. 1) and terminating at a point 253 metres north of that roundabout. Work No. 1G includes a bridge over the intended railway (Work No. 1).
Work No. 1H—A road commencing by a junction with Work No. 1G at a point 235 metres north of the roundabout at the junction of Millerhill Road (A6106) and Old Craighall Road (B6415) and terminating by a junction with Old Craighall Road at a point 160 metres north-east of that roundabout.
Work No. 1J—A realignment of Millerhill Road (A6106) commencing by a junction with that road at the commencement of Work No. 1G and terminating by a junction with Millerhill Road at a point 215 metres south of the access road leading to Sheriffhall Mains.
Work No. 1K—A road commencing by a junction with the access road leading to Sheriffhall Mains at a point 340 metres south of the roundabout at the junction of Millerhill Road (A6106) and Old Craighall Road (B6415) and terminating by a junction with Work No. 1J at a point 282 metres south-west of that roundabout. Work No. 1K includes a bridge over the intended railway (Work No. 1).
Railway between Old Dalkeith Road and the Butlerfield Industrial Estate—
Work No. 2—A railway (4,800 metres in length) commencing by a junction with Work No. 1 at its termination, passing in part over the course of the former Waverley railway and terminating at a point 68 metres north of the northern side of Brewer's Bush Bridge carrying New Hunterfield (B704) over the intended railway. Work No. 2 includes the strengthening of Glenesk Viaduct carrying the intended railway over the river North Esk; the removal of the existing footbridge at the former Eskbank Station; the reconstruction of Hardengreen Farm Bridge carrying the track to that farm over the intended railway; a viaduct carrying the intended railway over Murderdean Road (A7) and the B6392 road at Hardengreen Junction and the strengthening of Newbattle Viaduct carrying the intended railway over the river South Esk. Work No. 2 includes stations at Eskbank and Newtongrange.
Work No. 2A—A footbridge over the intended railway (Work No. 2) to provide access to the proposed station at Eskbank.
Work No. 2B—An access road commencing by a junction with the private service road off the Tesco car park at a point 40 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating in the proposed station car park at Eskbank at a point 197 metres east of that entrance.
Work No. 2C—A road commencing by a junction with the access road (Work No. 2B) at a point 75 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating at the goods entrance to Tesco at a point 75 metres east of that entrance.
Work No. 2D—A road commencing by a junction with the access road (Work No. 2B) at a point 142 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating at the entrance to K&I Coachworks at a point 140 metres south-east of that entrance.
Work No. 2E—A footbridge over the intended railway (Work No. 2) at Newtongrange between Redwood Walk and Station Road.
Work No. 2F—A footbridge over the intended railway (Work No. 2) at Deanpark between New Star Bank and Station Road.
Railway between Butlerfield Industrial Estate and Borthwick Mains Cottages—
Work No. 3—A railway (5,900 metres in length) commencing by a junction with Work No. 2 at its termination, passing over the course of the former Waverley railway and terminating at a point 70 metres east of the eastern side of Thorniehill Bridge carrying Castle Road over the intended railway. Work No. 3 includes a viaduct carrying the intended railway over the A7 road at Gore Glen Country Park; the removal of Harvieston South Footbridge at the former Fushiebridge station; a station at Gorebridge; and an overbridge at Catcune Farm.
Work No. 3A—A footbridge over the intended railway (Work No. 3) at Gore Glen Country Park (west) between the Country Park's existing footpath network and the Country Park's car park adjacent to the A7 road.
Work No. 3B—A footbridge over the intended railway (Work No. 3) at Gore Glen Country Park (east) to carry the path between the Country Park's existing footpath network and Millbank House over Work No. 3.
Work No. 3C—A railway (346 metres in length), forming a turnback siding at Gorebridge, commencing at a point 322 metres south-east of the south-eastern corner of Millbank House and terminating by a junction with the intended railway (Work No. 3) at a point 230 metres west of the bridge carrying Main Street/Station Road over Work No. 3.
Work No. 3D—A footbridge over the intended railway (Work No. 3) at Gorebridge to carry the path between Robertson's Bank and Vogrie Road over Work No. 3.
In the local government areas of Midlothian and Scottish Borders—
Railway between Borthwick Mains Cottages and Cowbraehill—
Work No. 4—A railway (5,100 metres in length) commencing by a junction with Work No. 3 at its termination, passing over the course of the former Waverley railway and terminating at a point 267 metres south-east of the junction of the track leading to Steading Cottage/Cowbraehill with the B6367 road. Work No. 4 includes the reconstruction of the Halflaw Kiln Overbridge, the Halflaw Bow's Overbridge and the bridge carrying the track between the B6367 road and Halflaw Kiln over the intended railway; and the removal of the existing Willow Burn Bridge.
Railway between Cowbraehill and Stagebank—
Work No. 5—A railway (5,000 metres in length) commencing by a junction with Work No. 4 at its termination, passing over the course of the former Waverley railway and terminating at a point 150 metres south-east of the former Stagebank level crossing. Work No. 5 includes the replacement of the decking of the unnamed culverts carrying Cakemuir Burn and Gala Water under the intended railway; the reconstruction of Shoestanes Overbridge over the intended railway; and the replacement of the decking of Heriot Station culvert carrying Gala Water and Shoestanes culvert carrying Shoestanes Burn under the intended railway.
In the local government area of Scottish Borders—
Work No. 5A—A realignment of the A7 road commencing at a point in that road 120 metres north of the existing junction of the private road leading to Falahill Farm with the A7 road and terminating at a point in the A7 road adjacent to No. 6 Falahill Cottages. Work No. 5A includes a bridge over the intended railway (Work No. 5).
Work No. 5B—A road commencing by a junction with Work No. 5A at a point 70 metres south of the existing junction of the private road leading to Falahill Farm with the A7 road and terminating by a junction with that private road at a point 120 metres south-west of that existing road junction.
Work No. 5C—A footbridge over the intended railway (Work No. 5) at the former Heriot Station to replace the length of Heriot Way between points E3 and E4.
Work No. 5D—A road commencing by a junction with the B709 road at a point 120 metres south of the existing junction of Old Stage Road (C11) with the B709 and terminating by a junction with the A7 road at a point 233 metres north-east of that existing road junction. Work No. 5D includes a bridge over the intended railway (Work No. 5) and earthworks for a visibility splay at its junction with the A7 road. Work No. 5D also includes a diversion of Gala Water from its existing course between points E7, E8 and E10 to a new course between points E7, E9 and E10.
Work No. 5E—A road commencing by a junction with Work No. 5D at a point 33 metres north of the existing junction of Old Stage Road (C11) with the B709 road and terminating by a junction with the B709 75 metres north-west of that existing road junction.
Work No. 5F—A road commencing by a junction with Work No. 5D at a point 40 metres south of the existing junction of Old Stage Road (C11) with the B709 road and terminating by a junction with Old Stage Road 130 metres south-east of that road junction.
Work No. 5G—An improvement of the Hangingshaw branch of the C11 road between a point 112 metres south of the junction of that branch road with the A7 road and the junction with Old Stage Road (C11). Work No. 5G includes a bridge over the intended railway (Work No. 5).
Railway between Stagebank and Hazelbank Quarry—
Work No. 6—A railway (3,300 metres in length) commencing by a junction with Work No. 5 at its termination, passing over the course of the former Waverley railway and terminating at a point 63 metres south of the bridge carrying the former railway over Gala Water. Work No. 6 includes the replacement of the decking of Hangingshaw Cattle Creep under the intended railway and of Little Gala, Crookston Mill, Hollowshank and Bower bridges carrying the intended railway over Gala Water.
Railway between Hazelbank Quarry and Stow—
Work No. 7—A railway (7,000 metres in length) commencing by a junction with Work No. 6 at its termination, passing over the course of the former Waverley railway and terminating at a point 158 metres north-west of the bridge carrying Station Road over the former railway at Stow. Work No. 7 includes a new culvert with track at Fountainhall to carry Still Burn under the intended railway; the reconstruction of Plenploth North, Torquhan South and Watherston bridges to carry the intended railway over Gala Water; the replacement of the decking of the culvert carrying a cattle creep and drain under the railway at Pirn and the culvert carrying Dean Burn under the railway at Watherston; the reconstruction of Craigbank Cattle Creep and of Watherston Dry Underbridge carrying the intended railway over the access track between the A7 road and Watherston Farm at The Craigs Wood; and the replacement of the decking of the bridge to carry the intended railway over Gala Water at Galabank.
Work No. 7A—A road commencing by a junction with the Fountainhall branch of the C11 road at a point 210 metres north-west of the junction of that branch road with Old Stage Road (C11) and terminating by a junction with the A7 road at a point 86 metres north-west of the junction of the Fountainhall branch of the C11 with the A7 road. Work No. 7A includes a bridge over the intended railway (Work No. 7) and earthworks for a visibility splay at its junction with the A7.
Work No. 7B—An access road commencing by a junction with Work No. 7A at a point 100 metres south-west of the junction of the Fountainhall branch of the C11 with the A7 road and terminating by a junction with the private road leading to Allanshaugh at a point 187 metres north-east of the junction of that road with Old Stage Road (C11).
Railway between Stow and Bowland Bridge—
Work No. 8—A railway (5,400 metres in length) commencing by a junction with Work No. 7 at its termination, passing over the course of the former Waverley railway, through the existing Bowshank Tunnel and terminating at a point 216 metres south-east of the bridge (Bowland Bridge) carrying the former railway over the Caddonfoot to Bowland road (B710). Work No. 8 includes a station at Stow; the replacement of the decking of the bridges carrying the intended railway over Lugate Water and Ferniehirst Dry; the replacement of the decking of Ferniehirst Water and Bowshank South bridges carrying the intended railway over Gala Water and the bridge (Bowland Bridge) carrying the intended railway over the Caddonfoot to Bowland road (B710); the replacement of the decking of the sheep and cattle creeps under the intended railway at Lugate Dry, Ferniehirst Dry and Bow Bridge; the improvement of Bowshank Tunnel; and the removal of Bowshank Farm Bridge over the intended railway.
Work No. 8A—A realignment of the Bow branch of the C11 road between a point 130 metres south-west of the junction of that branch road with the A7 road and a point 130 metres north-east of the junction of that branch road with Old Stage Road (C11). Work No. 8A includes a bridge under the intended railway (Work No. 8).
Work No. 8B—A footbridge over the intended railway (Work No. 8) to provide access to the station at Stow.
Railway between Bowland Bridge and Torwoodlee—
Work No. 9—A railway (3,300 metres in length) commencing by a junction with Work No. 8 at its termination, passing over the course of the former Waverley railway, through the existing Torwoodlee Tunnel and terminating at a point 80 metres south of the southern portal of the Torwoodlee Tunnel. Work No. 9 includes the replacement of the decking of Whitelee Culvert carrying Halk Burn under the intended railway; the replacement of the decking of Whin Underbridge carrying the intended railway over Gala Water at Robin's Knowe; the replacement of the decking of Torwoodlee Cattle Creep under the intended railway; and a bridge (Torwoodlee Water Underbridge) to carry the intended railway over Gala Water at Torwoodlee.
Railway between Torwoodlee and Tweedbank—
Work No. 10—A railway (5,780 metres in length) commencing by a junction with Work No. 9 at its termination, passing over the course of the former Waverley railway and terminating at a point 35 metres north of the junction of the Tweedbank Industrial Estate Road with Tweedbank Drive. Work No. 10 includes bridges to carry the intended railway over Gala Water at Torwoodlee and over Wheatlands Road (DG108); the reconstruction of the bridge carrying the intended railway over Gala Water adjacent to Plumtreehall Brae (DG84); a station at Galashiels; the removal of the existing Station Brae Bridge; bridges to carry the intended railway over the Langhaugh Industrial Estate Road (DG125/2), the access road (Work No. 10H), Glenfield Road West (DG39) and the path between Glenfield Road East and Huddersfield Street; a bridge to carry Winston Road over the intended railway; and a station at Tweedbank.
Work No. 10A—A footbridge over the intended railway (Work No. 10) to replace the length of Plumtreehall Brae (DG84) between a point 75 metres south-west of the junction of that road with Magdala Terrace (A7) and a point 95 metres south of that road junction.
Work No. 10B—A reconstruction of the bridge carrying Plumtreehall Brae (DG84) over Gala Water north-east of the junction with King Street (A72).
Work No. 10C—A footbridge over the intended railway (Work No. 10) to replace the length of the unnamed road between High Buckholmside (A7) and Low Buckholmside (DG68) between a point 50 metres south of the junction of that unnamed road with High Buckholmside and a point 8 metres north of the junction of the unnamed road with Low Buckholmside.
Work No. 10D—A road commencing by a junction with Work No. 10E at a point 75 metres east of the junction of Station Brae (B6374) with Market Street (A7) and terminating by a junction with Station Brae at a point 30 metres north-west of the junction of that road with High Road (B6452). Work No. 10D includes a bridge over the intended railway (Work No. 10).
Work No. 10E—A road commencing in Currie Road (DG125/2) at a point 60 metres east of its junction with Ladhope Vale (A7) and terminating by a junction with Currie Road (DG125/2) at a point 40 metres north-west of the junction with Currie Road of the entrance to the Health Centre and public car park.
Work No. 10F—An access road commencing at the junction of Station Brae (B6374) with Market Street (A7) and terminating at the entrance to the car park adjoining Our Lady and St Andrew Church.
Work No. 10G—An access road commencing by a junction with Work No. 10F at a point 12 metres north-east of the junction of Station Brae (B6374) with Market Street (A7) and terminating at the entrance to the car park adjoining Anderson's Chambers.
Work No. 10H—An access road commencing by a junction with Glenfield Road West (DG39) at a point 180 metres south-east of the junction of the Langhaugh Industrial Estate Road (DG125/2) with Currie Road (DG125/2) and terminating at a point 190 metres south-east of that road junction.
Work No. 10J—A footbridge over the intended railway (Work No. 10) to replace a length of the path between Dale Street (DG15) and Langlee Drive (DG60).
Work No. 10K—An access road commencing at a point in the proposed station car park at Tweedbank 65 metres north of the existing junction of the Tweedbank Industrial Estate Road with Tweedbank Drive and terminating at a point 12 metres south of that existing road junction.
Work No. 10L—An improvement of Tweedbank Drive between a point in that road 25 metres north-west of the existing junction of the Tweedbank Industrial Estate Road with Tweedbank Drive and a point in Tweedbank Drive 40 metres south-east of that existing road junction.
SCHEDULE 2Ancillary works
1
Stations, buildings, platforms, junctions and stopping places.
2
Bridges, subways, stairs, lifts, escalators, roundabouts and means of access.
3
Junctions and communications with, and widening of, any road, path or way.
4
Works for the provision of apparatus, plant or machinery and for the accommodation of such works, including mains, sewers, pipes, drains, cables, lights, conduits and culverts.
5
Works for the strengthening, underpinning, protection, alteration or demolition of any building or structure.
6
Works or operations to stabilise the condition of any land or for the purposes of flood prevention.
7
Works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses.
8
Works to alter the position of any existing apparatus or any existing street furniture, including the alteration of the position of existing works of the sort described in paragraph 4 above.
9
Without prejudice to the generality of paragraph 8 above, works to alter the position of any railway track or other railway apparatus.
10
Landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.
11
Works for the benefit or protection of premises affected by the authorised works.
12
The removal by the authorised undertaker of any works constructed by it pursuant to this Act which have been constructed as temporary works or which it no longer requires.
13
Such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the authorised works.
SCHEDULE 3Private crossings
Part 1Continuing private crossings
Local government area | Sheet of Parliamentary plans | Road |
|---|---|---|
(1) | (2) | (3) |
Midlothian | 11 | Dalhousie Mains private access |
Midlothian | 15 | Redheugh private access |
Midlothian | 22 | Overbridge, Catcune (part of Work No. 3) |
Midlothian | 22 | Catcune Farm Underbridge |
Midlothian | 24 | Borthwick Mains Overbridge |
Midlothian | 25 | Halflaw Kiln Overbridge |
Midlothian | 26 | Halflaw Bow's Overbridge |
Midlothian | 28 | Willow Burn Overbridge |
Midlothian | 31 | Old Moss Overbridge, Cowbraehill |
Scottish Borders | 35 | Shoestanes Overbridge, Nettlingflat |
Scottish Borders | 39 | Hangingshaw Cattle Creep, Hangingshaw |
Scottish Borders | 39 | Little Gala Underbridge, Halftree |
Scottish Borders | 42 | Crookston Mill Underbridge, Crookston |
Scottish Borders | 42 | Hollowshank Underbridge, Crookston |
Scottish Borders | 43 | Bower Underbridge, Hazelbank |
Scottish Borders | 44 | Pirntaton Overbridge |
Scottish Borders | 44 | Sheep creep carrying Still Burn, Fountainhall, under the intended railway |
Scottish Borders | 45 | Access road to Allanshaugh, Fountainhall |
Scottish Borders | 47 | Plenploth North Underbridge, Plenploth |
Scottish Borders | 48 | Torquhan South Underbridge, Torquhan |
Scottish Borders | 48 | Pirn Underbridge, Torquhan |
Scottish Borders | 50 | Craigbank Cattle Creep |
Scottish Borders | 51 | Watherston Underbridge, Watherston |
Scottish Borders | 52 | Watherston Dry Underbridge, Watherston |
Scottish Borders | 52 | Galabank Underbridge, Galabank |
Scottish Borders | 57 | Lugate Dry Underbridge, Lugate |
Scottish Borders | 57 | Lugate Water Underbridge, Lugate |
Scottish Borders | 58 | Furniehurst Underbridge, Furniehurst |
Scottish Borders | 59 | Furniehurst Water Underbridge, Furniehurst |
Scottish Borders | 59 | Unnamed sheep creep, Bow Bridge |
Scottish Borders | 61 | Harper's Overbridge, Dryburn |
Scottish Borders | 63 | Whitelee Overbridge, Whitelee |
Scottish Borders | 64 | Whin Overbridge, Whitelee |
Scottish Borders | 65 | Whin Underbridge, Robin's Knowe |
Scottish Borders | 66 | Torwoodlee Cattle Creep, Torwoodlee |
Scottish Borders | 66 | Torwoodlee Road Overbridge, Torwoodlee |
Scottish Borders | 70 | Torwoodlee Water Underbridge, Gala Water |
Scottish Borders | 70 | Torwoodlee Culvert carrying Mill Lead, Torwoodlee |
Scottish Borders | 70 | Culvert carrying Buckholm Mill Lade, Torwoodlee |
Scottish Borders | 70 | Ryehaugh Dry Culvert, Torwoodlee |
Scottish Borders | 70 | Ryehaugh Water Underbridge, Gala Water |
Scottish Borders | 71 | Kilnknowe Farm Overbridge, Galashiels |
Part 2Private crossings to be stopped up and discontinued
Local government area | Sheet of Parliamentary plans | Location |
|---|---|---|
(1) | (2) | (3) |
Midlothian | 22 | Existing overbridge, Catcune Farm |
Scottish Borders | 47 | Unnamed crossing between Plenploth North Underbridge and Torquhan South Underbridge |
Scottish Borders | 51 | Unnamed at grade crossing adjacent to Watherston Farm Cottage, Watherston |
Scottish Borders | 60 | Bowshank Farm Overbridge, Bowshank |
Scottish Borders | 63 | Unnamed at grade crossing at Bowland Wood |
SCHEDULE 4Stopping up and diversion of roads
Part 1Roads to be permanently stopped up
Sheet of Parliamentary plans | Road to be stopped up | Extent of stopping up | Substitute to be provided or alternative |
|---|---|---|---|
(1) | (2) | (3) | (4) |
In the local government area of Midlothian— | |||
2 | Track crossing former Monktonhall Colliery site | Between points A1 and A2 | No alternative |
3 | Road (unnamed)/Newton Church Road, Longthorn | Between points A3 and A4 | Works Nos. 1C and 1D |
3 | Newton Church Road, Longthorn | Between points A5 and A7 | Work No. 1F (pedestrians) Works Nos. 1C and 1D and existing road network (vehicles) |
4 | Path between Longthorn and Wester Millerhill | Between points A8 and A9 | Work No. 1H and Old Craighall Road |
4 | Road (unnamed) to Sheriffhall Mains | Between points A13 and A15a | Work No. 1K |
4, 5 | Millerhill Road, Wester Millerhill | Between points A12, A11, A13 and A14 | Work No. 1J |
4, 5 | Road (unnamed) between Millerhill Road and Sheriffhall Mains | Between points A15, A16 and A17 | Works Nos. 1J and 1K |
6 | Path between Dean Burn/Dalkeith Country Park and A68 King's Gate overbridge | Between points B3 and B2 | No alternative |
6 to 9 | Track (Penicuik-Musselburgh Foot & Cycleway) | Between points B1 and B2 Between points B6, B7, B9, B11, B13, B17, B19 and B20 | Track between points B4 and B5 Existing road and footpath network |
7 | Path between Glenesk Viaduct and High Woods, Ironmills Park | Between points B5 and B6 | Existing footpath network (Ironmills Park) |
7 | Track between Glenesk Viaduct (south end), former Dalkeith railway leading to Cemetery Road and former railway | Between points B7, B8 and B9 | Existing road and footpath network |
7 | Track between Garden Cottage (Viewpoint Housing Association, Avenue Road) and former railway | Between points B10 and B11 | No alternative |
8 | Track between Station Road and former railway | Between points B12 and B13 | No alternative |
8 | Path between Hardengreen Industrial Estate and Westfield Bank | Between points B14 and B15 | Work No. 2A, Hardengreen Lane and Westfield Park |
9 | Track between Hardengreen Lane and former railway | Between points B16 and B17 | Footpath between B16 and B16a and Work No. 2A |
12 | Track between Station Road and Redwood Walk | Between points B27 and B28 | Work No. 2E |
12, 13 | Track between Victoria Road and Deanpark | Between points B25, B26 and B31 | Victoria Road, track between points B28 and B30 and Work No. 2F |
13 | Track between Station Road and New Star Bank | Between points B29 and B30 | Work No. 2F |
13 to 16 | Path between Murderdean Road and Gore Glen Country Park | Between points B32, C1, C2 and C3 | No alternative |
16 | Track between A7 road and former Kirkhill Hotel | Between points C3a and C3b | Via Povert Road |
16, 17 | Paths, Gore Glen Country Park | Between points C4, C3, C5 and C6, points C7 and C8 and points C9 and C10 | Path between points C4, C7 and C10 and Work No. 3A |
17 | Path between Millbank House and Gore Glan Country Park footpath network | Between points C13, C14 and C15 | Work No. 3D |
17 | Path between Old Shank Bridge and Gorebridge (ROW 59) | Between points C16 and C17 | Path between points C13, C17 and C18 |
17 to 20 | Path between Millbank House and Goreside | Between points C14, C16, C19 and C20 | Path between points C13, C17 and C18 and existing road network |
20 | Path at Goreside | Between points C21 and C22 | Work No. 3D |
21 | Harvieston South Footbridge (former Fushiebridge Station Footbridge) | Between points C23 and C24 | Fushiebridge Station Road bridge |
22 | Path at Catcune | Between points C25 and C26 | Bridge to be provided (part of Work No. 3) |
28 | Track between B6367 and Halflaw Kiln | Between points D3, D6 and D5 | Bridge to be provided (part of Work No. 4) |
In the local government area of Scottish Borders— | |||
33, 34 | A7 road at Falahill | Between points E1 and E2 | Work No. 5A |
34 | Lay-by (A7) at Falahill | Between points E2a and E2b | Lay-by at Falahill between points X and Y |
36 | Heriot Way (B709), Heriot | Between points E3 and E4 | Works Nos. 5C, 5D and 5E and existing road network |
36,37 | B709 road and Old Stage Road (C11) | Between points E11 and E12 and points E11 and E13 | Works Nos. 5D, 5E and 5F |
38 | Path, former Stagebank Crossing, Stagebank | Between points E7 and E8 | No alternative |
40 | Track between Haltree and A7 road | Between points F1 and F2 | Existing road network |
44 | Road (C11 Fountainhall branch) between Old Stage Road and A7 road at Fountainhall | Between points G1 and G2 | Work No. 7A |
57 | Track between Torsonce Mains and Old Stage Road | Between points H1 and H2 | No alternative |
59 | Road (C11 Bow branch) between Old Stage Road and A7 road at Bow Bridge, Bow | Between points H3 and H4 | Work No. 8A |
70, 71 | Path between Gala Water and Wheatlands Road | Between points K1, K2 and K3 | Paths between points K1 and K4 and points K5 and K6 and existing footway network |
71 | Track between Black Path and Lee Brae | Between points K10 and K15 | No alternative |
71 to 73 | Track (Black Path) | Between points K9, K10, K11, K12 and K14 | Track between points K21 and K22 and existing footway network |
72 | Path between Black Path and A7 road, High Buckholmside | Between points K11 and K20 | Existing footway network |
72 | Plumtreehall Brae (DG 84) | Between points K16 and K17 | Work No. 10A (pedestrians) Existing road network (vehicles) |
73 | Road (unnamed) between High and Low Buckholmside at Brewerybrig | Between points K26 and K27 | Path between points K26 and K27 and Work No. 10C (pedestrians) No alternative (vehicles) |
73 | Track to Ladhope Vale (A7) | Between points K12 and K13 | No alternative |
73 | Footway (Ladhope Vale (A7)) | Between points K13 and K14 | Existing footway network |
73, 74 | Currie Road (DG 125/2) | Between points K34 and K35 | Work No. 10E |
74 | Station Brae (B6374) | Between points K30 and K31 | Works Nos. 10D and 10E and existing road network |
74 | Track (Black Path) | Between points K32 and K33 | Existing footway network |
74 | Langhaugh Industrial Estate Road (DG 125/2) | Between points K38 and K39 | Work No. 10H and existing road network |
74 | Path between Langhaugh Industrial Estate Road (DG125/2) and Langhaugh Lane | Between points K40 and K41 | Work No. 10H, path between points K41 and K42 and existing road network |
74, 75 | Track (Black Path) | Between points K46, K47, K48, K49, K50, K51, K52 and K53 | Track between points K46, K57, K58 and K53 |
75 | Tracks between Glenfield Road West and Black Path | Between points K54 and K48, points K55 and K49, points K50 and K52 and points K56 and K52 | Track between points K46, K57, K58 and K53 and points K58 and K56 and existing road network |
75 | Path at Glenfield | Between points K47 and K56 | Track between points K46, K57 and K58, and points K56 and K58 |
75 to 77 | Track (Black Path) | Between points K51, K63, K73, K75 and K76 | Existing footbridge to south of Gala Water then existing footway and footpath network to point K82 |
76 | Middle section of path between Langlee Drive and Dale Street | Between points K60, K61, and K62 | Work No. 10J |
76 | Spur path between Black Path and pedestrian footbridge over Gala Water | Between points K63 and K64 | No alternative |
76 | Path between playground at Woodstock Avenue and point K71 | Between points K67, K68, K69, K70 and K71 | No alternative |
76 | Track between Woodstock Avenue and Black Path | Between points K72 and K73 | No alternative |
76 | Track between Winston Place and Black Path | Between points K74 and K75 | No alternative |
77 | Track (Southern Upland Way/Black Path) | Between points K77, K76, K78, K80, K81 and K83 | Path between points K82 and K83 |
77 | Access to Black Path | Between points K79 and K80 | No alternative |
77 | Path, Lowood to Tweedbank | Between points K84 and K85 | No alternative |
77, 78 | Track (Black Path) | Between points K81, K84 and K86 | Existing footpath and footway network on south side of railway |
78 | Path, Well Park to Tweedbank | Between points K86 and K87 | No alternative |
78 | Track (Southern Upland Way/Black Path) | Between points K86 and K88 | Existing footway network on south side of railway |
Part 2Roads to be temporarily stopped up
Sheet of Parliamentary plans | Road to be stopped up | Extent of temporary stopping up |
|---|---|---|
(1) | (2) | (3) |
In the local government area of Midlothian— | ||
4 | Old Craighall Road, Wester Millerhill | Between points A10 and A11 |
5, 6 | The City of Edinburgh Bypass (A720), Sheriffhall | Between points A18, A19, A20 and A21 |
9 | Track between Hardengreen House and K&I Coachworks, Hardengreen | Between points B18 and B19 |
11 | Roads (A7 and B6392), Hardengreen Junction | Between points B21 and B22 and points B23 and B24 |
16 | Povert Road | Between points C2a and C2b |
17 | Road (A7), near Gore Glen Country Park | Between points C11 and C12 |
25 | Path between Birky Side and Borthwick Bank | Between points D1 and D2 |
28 | Track between B6367 road and Halflaw Kiln | Between points D3, D4 and D5 |
In the local government area of Scottish Borders— | ||
37 | Road (C11 Hangingshaw branch) | Between points E5 and E6 |
71 | Wheatlands Road (DG108) | Between points K7 and K8 |
72 | Plumtreehall Brae (DG84) | Between points K18 and K19 |
72 | Track (above Black Path) | Between points K24 and K25 |
72, 73 | Low Buckholmside Road (DG68) | Between points K22 and K23 |
73 | Ladhope Vale (A7) | Between points K28 and K29 |
74 | Road (DG115/2) | Between points K36 and K37 |
74 | Glenfield Road West (DG39) | Between points K43 and K44 |
74, 75 | Glenfield Road West (DG39) and Glenfield Road East (DG38) | Between points K44 and K45 |
75 | Gala Water Footbridge | Between points K53 and K59 |
75 | Path (Ovens Underpass off Glenfield Road East (DG38)) | Between points K55a and K56 |
76 | Track (above Black Path) | Between points K65, K64 and K66 |
77 | Winston Road (DG110) | Between points K76 and K77 |
SCHEDULE 5Safeguarding works: procedure
1
Safeguarding works may be carried out—
(a)
at any time before or during the construction in the vicinity of the building of any part of the authorised works; or
(b)
after the completion of the construction of that part of the authorised works, at any time up to the end of the period of five years beginning with the day on which that part of the authorised works is first opened for use.
2
For the purpose of determining how the powers of section 12 of this Act are to be exercised, the authorised undertaker may enter and survey any building falling within subsection (1) of that section and any land belonging to it.
3
For the purpose of carrying out safeguarding works to a building under section 12 of this Act, the authorised undertaker may (subject to paragraphs 4 and 5 below)—
(a)
enter the building and any land belonging to it; and
(b)
where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
4
Before exercising—
(a)
a right under section 12 of this Act above to carry out safeguarding works to a building;
(b)
a right under paragraph 2 above to enter a building;
(c)
a right under paragraph 3(a) above to enter a building or land; or
(d)
a right under paragraph 3(b) above to enter land,
the authorised undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right; and in a case falling within sub-paragraph (a) or (c) above the notice shall also specify the safeguarding works proposed to be carried out.
5
Where notice is served under paragraph 4(a), (c) or (d) above, the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under section 34 of this Act.
6
The authorised undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers of this schedule have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
7
Where—
(a)
safeguarding works to a building are carried out under section 12 of this Act; and
(b)
within the period of five years beginning with the day on which the part of the authorised works constructed in the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,
the authorised undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.
8
Nothing in this schedule shall relieve the authorised undertaker from any liability to pay compensation under the Land Clauses Acts.
9
Any compensation payable under paragraph 7 above or under the Lands Clauses Acts shall be determined, in case of dispute, under the 1963 Act.
SCHEDULE 6Acquisition of land, etc. outside limits of deviation
Part 1Acquisition of land
Location | Sheet of Parliamentary plans | Number of land shown on plans | Purposes for which land to be acquired |
|---|---|---|---|
(1) | (2) | (3) | (4) |
In the local government area of Midlothian— | |||
Harelaw Farm | 3 | 41a, 41b, 41d, 41e | Station car park and access. |
Harelaw | 3 | 54, 54a, 59, 60 | Relocation of apparatus (subsoil only). |
Harelaw | 3 | 63, 69 | Installation of equipment and compound. |
Sheriffhall | 6 | 158 | Provision of track. |
Glenesk | 6, 7 | 159 | Provision of track. |
Glenesk | 7 | 162 | Provision of track. |
Hardengreen Lane | 9 | 194, 196 | Station access. |
Hardengreen | 9 | 202a, 203, 203a | Relocation of apparatus. |
Hardengreen | 9, 10 | 191 | Station access. |
Hardengreen | 10 | 192, 193 | Station access. |
Lothian Cottage | 12 | 255, 257 | Relocation of apparatus (subsoil only). |
Redwood Walk | 12 | 261, 261a | Provision of track. |
New Star Bank | 13 | 266 | Provision of track. |
Murderdean Road | 13 | 281, 282, 282a, 283, 284, 285, 286a | Station car park and access. |
Jenks Loan | 13 | 287 | Installation of equipment and compound. |
Brewer's Bush Bridge | 14 | 300, 302, 302a | Access for construction and thereafter for maintenance. |
Redheugh | 16 | 325 | Access for construction and thereafter for maintenance. |
Shank Bridge | 17, 19 | 346 | Access for construction and thereafter for maintenance. Provision of track. |
Gorebridge | 19 | 355, 356, 357 | Access for construction and thereafter for provision of track. |
Gorebridge | 19 | 359 | Access for construction and thereafter for maintenance. Relocation of apparatus (subsoil only). |
Station Road | 19 | 389 | Station car park and access. |
Station Road | 19 | 387, 392, 393 | Road improvements and landscaping. |
Robertson's Bank | 20 | 401, 402 | Installation of equipment and compound. |
Catcune | 22 | 431 | Installation of apparatus (subsoil only). |
Borthwick Mains | 23 | 430a, 432, 432a | Installation of apparatus (subsoil only). |
Borthwick Mains | 24 | 435 | Installation of equipment and compound. |
Maggie Bowies Glen | 27 | 467, 468 | Installation of apparatus (subsoil only). |
Tynehead | 28 | 477, 479 | Access for construction and thereafter for provision of track. |
Tynehead | 31 | 497 | Access for construction and thereafter for maintenance. |
In the local government area of Scottish Borders— | |||
Tynehead | 31 | 13 | Installation of apparatus (subsoil only). |
Tynehead and Cowbraehill | 31, 32 | 13b | Installation of apparatus (subsoil only). |
Falahill | 33 | 43 | Access for construction and thereafter for provision of track. |
Falahill | 33, 34 | 44, 44b | Access for construction and thereafter for provision of car park and access. |
Falahill | 34, 35 | 53, 54 | Access for construction and thereafter for maintenance. Road improvements and landscaping. |
Heriot | 36 | 75, 77, 80, 120, 120a, 120b, 120c, 123a | Road improvements and landscaping. |
Heriot | 36, 37 | 107 | Road improvements and landscaping. |
Heriot | 37 | 100, 101, 116 | Road improvements and landscaping. |
Hangingshaw | 37 | 124 | Access for construction. Riverbank protection. |
Hangingshaw | 37 | 121, 141, 142, 143 | Road improvements and landscaping. |
Stagebank | 38 | 150 | Access for construction and thereafter for maintenance. |
Stagebank | 38 | 156 | Access for construction. Riverbank protection. |
Haltree | 40 | 171 | Access for construction. Riverbank protection. |
Crookston | 42 | 180 | Access for construction and thereafter for maintenance. |
Fountainhall | 44 | 212 | Construction and maintenance compound and access for construction and thereafter for maintenance. |
Fountainhall | 45 | 239, 240, 241 | Access for construction. Riverbank protection. |
Pirn House | 48 | 273, 274 | Access for construction. Riverbank protection. |
Pirn House | 50 | 276 | Access for construction. Riverbank protection. |
Watherston | 51 | 290, 291 | Access for construction. Riverbank protection. |
Galabank | 52 | 309 | Access for construction and thereafter for maintenance. |
Galabank | 53 | 324, 325, 326 | Access for construction. Riverbank protection. |
Galabank | 53 | 328 | Access for construction and thereafter for maintenance. |
Stow | 53, 54 | 329, 330, 331 | Access for construction. Riverbank protection. |
Stow | 54 | 332 | Access for construction. Riverbank protection. |
Stow | 54 | 339 | Access for construction and thereafter for provision of track. |
Stow | Stow plan | 336a, 337b, 337c, 340a, 340b, 341, 341a, s8, s9, s10 | Station car park and access. |
Stow | 56 | 351, 352 | Access for construction. Riverbank protection. |
Stow | 57 | 367 | Installation of apparatus (subsoil only). |
Stow | 57, 58 | 368 | Installation of apparatus (subsoil only). |
Stow | 58 | 370, 371 | Installation of apparatus (subsoil only). |
Bowshank | 61 | 525, 526 | Access for construction. Riverbank protection. |
Bowshank | 62 | 534 | Access for construction and thereafter for maintenance. |
Bowland Bridge | 62, 63 | 547 | Access for construction. Riverbank protection. |
Bowland Wood | 63 | 554 | Access for construction and thereafter for maintenance. |
Whitelee House | 64 | 556, 557, 558, 559 | Access for construction. Riverbank protection. |
Robin's Knowe | 65 | 583, 584 | Access for construction. Riverbank protection. |
Torwoodlee | 65, 66 | 585 | Access for construction. Riverbank protection. |
Torwoodlee | 65, 66 | 586 | Access for construction and thereafter for maintenance. |
Torwoodlee Tunnel | 70 | 611 | Access for construction and thereafter for maintenance. |
Mill Park | 70 | 629 | Access for construction and thereafter for provision of track. |
Mill Park | 70, 71 | 628, 630 | Access for construction and thereafter for provision of track. |
Wheatlands Road | 71 | 645, 646, 648 | Access for construction and thereafter for maintenance. |
Plumtreehall Brae | 72 | 665, 670, 671 | Road improvements and landscaping. |
Plumtreehall Brae | 72 | 686 | Access for construction and thereafter for provision of track. |
Plumtreehall Brae | 72 | 689 | Access for construction. Riverbank protection. |
Low Buckholmside | 72 | 698 | Access for construction and thereafter for accommodation access. |
Low Buckholmside | 72, 73 | 703 | Access for construction. Riverbank protection. |
Low Buckholmside | 73 | 705 | Provision of turning head for vehicles. |
Currie Road | 74 | 739, 739a, 741, 745, 746, 749, 751, 756 | Access for construction and thereafter for maintenance. |
Glenfield Road | 74 | 760a | Relocation of apparatus (subsoil only). |
Glenfield Road | 74, 75 | 763 | Relocation of apparatus (subsoil only). |
Galafoot | 77 | 800, 806, 808 | Installation of apparatus (subsoil only). |
Tweedbank | 78 | 814 | Access for construction and thereafter for maintenance. |
Tweedbank | 78 | 817 | Station car park and access. |
Part 2Acquisition of rights only
Location | Sheet of Parliamentary plans | Number of land shown on plans | Purposes for which rights may be acquired |
|---|---|---|---|
(1) | (2) | (3) | (4) |
In the local government area of Midlothian— | |||
Whitehill Mains | 1, 1A | 8 | Access for construction and thereafter for maintenance. |
Shawfair | 1 | 9 | Access for construction and thereafter for maintenance. |
Millerhill Marshalling Yard | 1 | 10 | Access for construction and thereafter for maintenance. |
Shawfair | 2 | 5a, 12, 12a, 12c, 13, 15, 17, 18, 19, 21, 23 | Ground stabilisation. |
Shawfair | 2, 3 | 29, 31 | Ground stabilisation. |
Newton Church Road | 3 | 32, 34 | Ground stabilisation. |
Harelaw Farm | 3 | 48, 50 | Ground stabilisation. |
Harelaw | 3 | 51, 53, 55, 57, 58, 60, 70, 72 | Ground stabilisation. |
Harelaw | 3 | 61 | Access for construction and thereafter for maintenance. |
Longthorn | 3 | 75 | Ground stabilisation. |
Longthorn | 3, 4 | 78 | Ground stabilisation. |
Longthorn | 4 | 79, 80, 83 | Ground stabilisation. |
Millerhill Road | 4 | 94, 98, 98a, 98b, 99, 102, 126a | Ground stabilisation. |
The Cockatoo public house | 4 | 118 | Access for construction and thereafter for maintenance. |
Wester Millerhill | 4 | 119, 122 | Ground stabilisation. |
Millerhill Road | 4, 5 | 126, 127 | Ground stabilisation. |
Sheriffhall | 5 | 140 | Access for construction and thereafter for maintenance. Ground stabilisation. |
Sheriffhall | 5, 6 | 139, 144 | Access for construction and thereafter for maintenance. Ground stabilisation. |
Sheriffhall | 6 | 145, 147 | Ground stabilisation. |
Sheriffhall | 6 | 149, 150a | Access for construction and thereafter for maintenance. Ground stabilisation. |
Glenesk | 7 | 163, 165, 166, 167, 168, 169, 170, 175 | Access for construction and thereafter for maintenance. |
Station Road, Eskbank | 8 | 186 | Access for construction and thereafter for maintenance. |
Hardengreen | 9 | 210 | Access for construction and thereafter for maintenance. |
Hardengreen | 9, 10 | 213 | Access for construction and thereafter for maintenance. |
Dalhousie Mains | 11 | 231, 233 | Access for construction and thereafter for maintenance. |
Newbattle Viaduct | 11 | 243 | Access for construction and thereafter for maintenance. |
Newbattle Viaduct | 11, 12 | 244 | Access for construction and thereafter for maintenance. |
Newbattle Viaduct | 12 | 247, 249 | Access for construction and thereafter for maintenance. |
Dalhousie Road | 12 | 258 | Access for construction and thereafter for maintenance. |
Newtongrange | 13 | 275, 275a | Access for construction and thereafter for maintenance. |
Redheugh | 15 | 309 | Access for construction and thereafter for maintenance. |
Gore Glen Country Park | 16, 17 | 336 | Access for construction and thereafter for maintenance. |
Shank Bridge | 17 | 338a | Access for construction and thereafter for maintenance. |
Millbank House | 17, 18 | 344 | Access for construction and thereafter for maintenance. |
Arniston Engine | 18 | 343 | Access for construction and thereafter for maintenance. |
Gorebridge | 19 | 358 | Access for construction and thereafter for maintenance. |
Robertson's Bank | 20 | 403 | Access for construction and thereafter for maintenance. |
Catcune | 21 | 423 | Access for construction and thereafter for maintenance. |
Tynehead | 28 | 471, 472 | Access for construction and thereafter for maintenance. |
Tynehead | 29, 30 | 488, 490 | Ground stabilisation. |
Tynehead | 31 | 496 | Access for construction and thereafter for maintenance. |
In the local government area of Scottish Borders— | |||
Tynehead | 31 | 13 | Access for construction and thereafter for maintenance. |
Tynehead and Cowbraehill | 31, 32 | 13b | Access for construction and thereafter for maintenance. |
Falahill | 34 | 45 | Access for construction and thereafter for maintenance. |
Falahill | 35 | 59, 60 | Access for construction and thereafter for maintenance. |
Heriot | 36 | 74 | Access for construction and thereafter for maintenance. |
Hangingshaw | 37 | 126 | Access for construction and thereafter for maintenance. |
Stagebank | 38 | 146, 153 | Access for construction and thereafter for maintenance. |
Haltree | 40 | 169 | Access for construction and thereafter for maintenance. |
Crookston | 41 | 174 | Access for construction and thereafter for maintenance. |
Crookston Cottage | 42 | 177 | Access for construction and thereafter for maintenance. |
Fountainhall | 45 | 229 | Access for construction and thereafter for maintenance. |
Plenploth | 46 | 246, 248 | Access for construction and thereafter for maintenance. |
Torquhan | 48, 49 | 266 | Access for construction and thereafter for maintenance. |
Torquhan | 49 | 267, 268 | Access for construction and thereafter for maintenance. |
Watherston | 50 | 280, 286, 287, 288 | Access for construction and thereafter for maintenance. |
Galabank | 52 | 308, 315, 316, 318a, 323 | Access for construction and thereafter for maintenance. |
Stow | 55 | 348 | Access for construction and thereafter for maintenance. |
Stow | 57 | 355 | Access for construction and thereafter for maintenance. |
Bowshank | 60 | 409, 500, 502, 503, 504, 506 | Ground stabilisation. |
Bowland Wood | 63 | 551 | Access for construction and thereafter for maintenance. |
Whitelee House | 64 | 565 | Access for construction and thereafter for maintenance. |
Torwoodlee Golf Course | 66, 69 | 588 | Access for construction and thereafter for maintenance. |
Torwoodlee | 69 | 590, 591 | Access for construction and thereafter for maintenance. |
Kilnknowe Place | 71 | 647 | Access for construction and thereafter for maintenance. |
Ladhope Vale | 73 | 709, 710 | Ground stabilisation. |
Woodstock Avenue | 76 | 784, 784a, 785 | Ground stabilisation. |
Winston Place | 76, 77 | 786, 786a, 786b | Ground stabilisation. |
Winston Place | 77 | 787 | Ground stabilisation. |
SCHEDULE 7Land of which temporary possession may be taken
Location | Sheet of Parliamentary plans | Number of land shown on plans | Purposes for which temporary possession may be taken | Authorised work |
|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) |
In the local government area of Midlothian— | ||||
Whitehill Mains | 1 | 1 | Construction compound, working space and access for construction. | Work No. 1 |
Whitehill Road | 1 | 2, 4 | Construction compound, working space and access for construction. | Work No. 1 |
Millerhill Marshalling Yard | 1 | 7, 10 | Construction compound, working space and access for construction. | Work No. 1 |
Shawfair | 1 | 9 | Construction compound, working space and access for construction. | Work No. 1 |
Millerhill | 1, 2 | 5 | Working space. | Work No. 1 |
Millerhill Marshalling Yard | 1, 2 | 11 | Construction compound, working space and access for construction. | Work No. 1 |
Shawfair | 2 | 12, 12a, 12c, 13, 15, 17, 18, 19, 21, 23, 29a | Working space. | Works Nos. 1, 1A |
Shawfair | 2 | 27 | Construction compound, working space and access for construction. | Work No. 1 |
Shawfair | 2, 3 | 29, 31 | Working space. | Work No. 1 |
Longthorne | 3 | 32, 34, 40b | Construction compound, working space and access for construction. | Works Nos. 1, 1B, 1C |
Newton Church Road | 3 | 35, 35a, 36 | Working space. | Work No. 1C |
Harelaw Farm | 3 | 38a, 38b, 41, 41c | Construction compound, working space and access for construction. | Works Nos. 1, 1C, 1D |
Harelaw Farm | 3 | 38g, 38j, 38k, 39a, 39b, 39c, 43, 43a, 48, 50 | Working space. | Works Nos. 1, 1C, 1D, 1E |
Harelaw | 3 | 51, 53, 55, 57, 58, 70, 72 | Working space. | Works Nos. 1, 1F |
Harelaw | 3 | 54, 59, 60 | Construction compound, working space and access for construction. | Works Nos. 1, 1F |
Longthorn | 3 | 75 | Construction compound, working space and access for construction. | Work No. 1 |
Longthorn | 3, 4 | 78 | Construction compound, working space and access for construction. | Work No. 1 |
Longthorn | 4 | 79, 80, 83, 114 | Construction compound, working space and access for construction. | Works Nos. 1, 1G, 1H |
Millerhill Road | 4 | 91a, 94, 95b, 98, 98a, 98b, 99, 102, 126a | Construction compound, working space and access for construction. | Works Nos. 1, 1G, 1J |
The Cockatoo public house | 4 | 117, 118 | Construction compound, working space and access for construction. | Works Nos. 1, 1G, 1J |
Wester Millerhill | 4 | 119, 122 | Construction compound, working space and access for construction. | Works Nos. 1, 1J |
Millerhill Road | 4, 5 | 126, 127 | Construction compound, working space and access for construction. | Works Nos. 1, 1J, 1K |
Sheriffhall | 5 | 140 | Construction compound, working space and access for construction. | Works Nos. 1, 1J |
Sheriffhall | 5, 6 | 139, 144 | Construction compound, working space and access for construction. | Works Nos. 1, 1J |
Sheriffhall | 5, 6 | 141, 143 | Construction of bridge under the City of Edinburgh Bypass. | Work No. 1 |
Sheriffhall | 6 | 145, 147, 148, 149, 154, 155, 158 | Construction compound, working space and access for construction. | Works Nos. 1, 2 |
Glenesk | 6, 7 | 159 | Construction compound, working space and access for construction. | Works Nos. 1, 2 |
Gilmerton Road | 7 | 178 | Construction compound, working space and access for construction. | Work No. 2 |
Glenesk | 7 | 162, 163, 165, 166, 167, 168, 169, 170, 174, 175 | Construction compound, working space and access for construction. | Work No. 2 |
Eskbank | 7, 8 | 177 | Construction compound, working space and access for construction. | Work No. 2 |
Eskbank | 8 | 179a, 180 | Construction compound, working space and access for construction. | Work No. 2 |
Station Road, Eskbank | 8 | 186, 186a, 186c | Construction compound, working space and access for construction. | Work No. 2 |
Hardengreen | 9 | 191a, 195, 197c, 200a, 200b, 209, 210, 211, 212 | Construction compound, working space and access for construction. | Works Nos. 2, 2A, 2B, 2C, 2D |
Hardengreen | 9, 10 | 213 | Construction compound, working space and access for construction. | Work No. 2 |
Hardengreen | 9, 11 | 215, 216, 217 | Construction compound, working space and access for construction. | Work No. 2 |
Hardengreen | 10 | 214 | Construction compound, working space and access for construction. | Work No. 2 |
Hardengreen Junction | 11 | 218, 218a, 218b, 220, 221, 223, 225, 226, 229 | Construction compound, working space and access for construction. | Work No. 2 |
Dalhousie Mains | 11 | 230, 231, 233 | Construction compound, working space and access for construction. | Work No. 2 |
Newbattle Viaduct | 11 | 236, 238, 239, 241, 243 | Construction compound, working space and access for construction. | Work No. 2 |
Newbattle Viaduct | 11, 12 | 244, 245 | Construction compound, working space and access for construction. | Work No. 2 |
Newbattle Viaduct | 12 | 247, 249, 249a, 250, 251, 254 | Construction compound, working space and access for construction. | Work No. 2 |
Dalhousie Road | 12 | 258 | Construction compound, working space and access for construction. | Work No. 2 |
Butlerfield Industrial Estate | 13 | 288, 289 | Construction compound, working space and access for construction. | Work No. 2 |
Newtongrange | 13 | 275, 275a, 276, 277 | Construction compound, working space and access for construction. | Works Nos. 2, 2F |
Victoria Road | 13 | 286, 286b | Construction compound, working space and access for construction. | Work No. 2 |
Lady Victoria Colliery | 13 | 291a | Construction compound, working space and access for construction. | Work No. 2 |
Butlerfield Industrial Estate | 13, 14 | 290 | Construction compound, working space and access for construction. | Work No. 2 |
Lady Victoria Colliery | 13, 14 | 291 | Construction compound, working space and access for construction. | Work No. 2 |
Butlerfield Industrial Estate | 14 | 290a, 290b, 299 | Construction compound, working space and access for construction. | Works Nos. 2, 3 |
Lady Victoria Colliery | 14 | 293, 293a, 294, 296, 298 | Construction compound, working space and access for construction. | Works Nos. 2, 3 |
Brewer's Bush Bridge | 14 | 301, 303, 307 | Construction compound, working space and access for construction. | Works Nos. 2, 3 |
Brewer's Bush Bridge | 14, 15, 16 | 304 | Construction compound, working space and access for construction. | Works Nos. 2, 3 |
Redheugh | 15 | 308, 309, 310, 311, 312, 313 | Construction compound, working space and access for construction. | Work No. 3 |
Redheugh | 15, 16 | 316 | Construction compound, working space and access for construction. | Work No. 3 |
Povert Road | 16 | 317, 318, 319, 320, 321, 323, 326, 327, 328, 330, 331, 332, 333, 334 | Construction compound, working space and access for construction. | Work No. 3 |
Gore Glen Country Park | 16, 17 | 336, 337 | Construction compound, working space and access for construction. | Works Nos. 3, 3A |
Shank Bridge | 16, 17 | 338 | Construction compound, working space and access for construction. | Work No. 3 |
Shank Bridge | 17 | 338a, 342, 345, 348 | Construction compound, working space and access for construction. | Works Nos. 3, 3B, 3C |
Millbank House | 17, 18 | 344 | Construction compound, working space and access for construction. | Work No. 3C |
Shank Bridge | 17, 19 | 348a | Construction compound, working space and access for construction. | Works Nos. 3, 3B, 3C |
Arniston Engine | 18 | 343 | Construction compound, working space and access for construction. | Work No. 3 |
Stobs Mills House | 19 | 360, 360a, 361, 362, 366 | Construction compound, working space and access for construction. | Works Nos. 3, 3C |
Stobs Mills House | 19 | 363, 364, 365 | Construction compound, working space, access and relocation of apparatus. | Works Nos. 3, 3C |
Station Road | 19 | 387 | Construction compound, working space and access for construction. | Work No. 3 |
St Margaret's Church | 19 | 391 | Construction compound, working space and access for construction. | Work No. 3 |
Robertson's Bank | 20 | 400, 401, 402, 413 | Construction compound, working space and access for construction. | Works Nos. 3, 3D |
Robertson's Bank | 20, 21 | 404 | Construction compound, working space and access for construction. | Works Nos. 3, 3D |
Fushiebridge | 21 | 414, 415, 416, 420, 421, 421a | Construction compound, working space and access for construction. | Work No. 3 |
Catcune | 21 | 423, 424, 425, 426 | Construction compound, working space and access for construction. | Work No. 3 |
Catcune | 21, 22 | 427 | Construction compound, working space and access for construction. | Work No. 3 |
Catcune | 22 | 428, 431 | Construction compound, working space and access for construction. | Work No. 3 |
Catcune | 22, 23 | 429 | Construction compound, working space and access for construction. | Work No. 3 |
Borthwick Mains | 24 | 434, 436, 437, 439, 440, 445, 446 | Construction compound, working space and access for construction. | Works Nos. 3, 4 |
Borthwick Mains | 24, 25 | 444 | Construction compound, working space and access for construction. | Works Nos. 3, 4 |
Birky Side | 24, 25 | 450 | Construction compound, working space and access for construction. | Work No. 4 |
Birky Side | 25 | 451, 452 | Construction compound, working space and access for construction. | Work No. 4 |
Birky Side | 25, 26 | 454, 456 | Construction compound, working space and access for construction. | Work No. 4 |
Maggie Bowies Glen | 26 | 457, 458 | Construction compound, working space and access for construction. | Work No. 4 |
Maggie Bowies Glen | 26, 27 | 459, 460 | Construction compound, working space and access for construction. | Work No. 4 |
Maggie Bowies Glen | 27 | 461, 462, 463, 464, 465, 467, 468 | Construction compound, working space and access for construction. | Work No. 4 |
Maggie Bowies Glen | 27, 28 | 466, 469, 470 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 28 | 475, 478, 480 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 28, 29 | 482 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 29 | 484, 485, 486, 487 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 29, 30 | 488, 490 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 30 | 491 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 30, 31 | 495 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 31 | 499, 502 | Construction compound, working space and access for construction. | Works Nos. 4, 5 |
In the local government area of Scottish Borders— | ||||
Tynehead | 30 | 1, 5, 6 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 30, 31 | 9 | Construction compound, working space and access for construction. | Work No. 4 |
Tynehead | 31 | 10, 11, 12a, 12b, 15 | Construction compound, working space and access for construction. | Work No. 5 |
Tynehead and Cowbraehill | 31, 32 | 12 | Construction compound, working space and access for construction. | Work No. 5 |
Cowbraehill | 32 | 17, 18, 19, 21 | Construction compound, working space and access for construction. | Work No. 5 |
Cowbraehill and Falahill | 32, 33 | 22 | Construction compound, working space and access for construction. | Works Nos. 5, 5A, 5B |
Falahill | 33 | 24, 28, 30, 30a, 31, 32, 40, 41 | Construction compound, working space and access for construction. | Works Nos. 5, 5A, 5B |
Falahill | 33, 34 | 33 | Construction compound, working space and access for construction. | Works Nos. 5, 5A, 5B |
Falahill | 34 | 46, 47 | Construction compound, working space and access for construction. | Works Nos. 5, 5A |
Falahill | 34, 35 | 52 | Construction compound, working space and access for construction. | Work No. 5 |
Falahill | 35 | 55, 56, 57, 59, 60, 61 | Construction compound, working space and access for construction. | Work No. 5 |
Heriot | 35, 36 | 64, 65 | Construction compound, working space and access for construction. | Works Nos. 5, 5C |
Heriot | 36 | 67, 74, 76, 77, 79, 88 | Construction compound, working space and access for construction. | Works Nos. 5, 5C, 5D |
Heriot | 36, 37 | 85a, 91, 123 | Construction compound, working space and access for construction. | Works Nos. 5, 5D, 5E |
Heriot | 37 | 101, 102, 113, 114, 115 | Construction compound, working space and access for construction. | Works Nos. 5D, 5F |
Hangingshaw | 37 | 121a, 125, 126, 128, 132, 140, 144 | Construction compound, working space and access for construction. | Works Nos. 5, 5D, 5G |
Stagebank | 38 | 146, 147, 153, 154, 155 | Construction compound, working space and access for construction. | Works Nos. 5, 6 |
Stagebank | 38, 39 | 158, 159 | Construction compound, working space and access for construction. | Works Nos. 5, 6 |
Stagebank | 39, 40 | 159a, 161 | Construction compound, working space and access for construction. | Work No. 6 |
Haltree | 40 | 167, 168, 169, 170 | Construction compound, working space and access for construction. | Work No. 6 |
Crookston | 41 | 173, 174 | Construction compound, working space and access for construction. | Work No. 6 |
Crookston | 41, 42 | 175 | Construction compound, working space and access for construction. | Work No. 6 |
Crookston | 42 | 176 | Construction compound, working space and access for construction. | Work No. 6 |
Crookston Cottage | 42 | 177 | Construction compound, working space and access for construction. | Work No. 6 |
Crookston | 42, 43 | 179, 181 | Construction compound, working space and access for construction. | Works Nos. 6, 7 |
Hazelbank | 43 | 182, 184, 185, 187, 189 | Construction compound, working space and access for construction. | Works Nos. 6, 7 |
Hazelbank | 43, 44 | 191 | Construction compound, working space and access for construction. | Works Nos. 6, 7, 7A |
Fountainhall | 43, 44 | 193 | Construction compound, working space and access for construction. | Works Nos. 7, 7A |
Fountainhall | 44 | 191a, 192, 200, 209, 217, 218, 218a, 220, 221, 222, 222a, 222b, 222c, 224 | Construction compound, working space and access for construction. | Works Nos. 7, 7A, 7B |
Fountainhall | 44, 45 | 223 | Construction compound, working space and access for construction. | Works Nos. 7, 7B |
Fountainhall | 45 | 224a, 225a, 233, 236, 237, 238, 242 | Construction compound, working space and access for construction. | Works Nos. 7, 7B |
Fountainhall | 45 | 235 | Access for construction of fence. | Works Nos.7, 7B |
Fountainhall | 45, 46 | 243 | Construction compound, working space and access for construction. | Work No. 7 |
Plenploth | 46 | 245, 246, 248 | Construction compound, working space and access for construction. | Work No. 7 |
Plenploth | 46, 47 | 250 | Construction compound, working space and access for construction. | Work No. 7 |
Plenploth | 47 | 251, 252, 253, 255, 255a, 257 | Construction compound, working space and access for construction. | Work No. 7 |
Torquhan | 47, 48 | 262, 264, 265 | Construction compound, working space and access for construction. | Work No. 7 |
Torquhan | 48 | 263 | Construction compound, working space and access for construction. | Work No. 7 |
Torquhan | 48, 49 | 266 | Construction compound, working space and access for construction. | Work No. 7 |
Pirn House | 48 | 270, 272 | Construction compound, working space and access for construction. | Work No. 7 |
Pirn House | 48, 50 | 275 | Construction compound, working space and access for construction. | Work No. 7 |
Torquhan | 49 | 267, 268 | Construction compound, working space and access for construction. | Work No. 7 |
Torquhan | 50 | 271a | Construction compound, working space and access for construction. | Work No. 7 |
Pirn House | 50 | 277 | Construction compound, working space and access for construction. | Work No. 7 |
Watherston | 50 | 280, 281, 282, 283, 284, 285, 286, 287, 288, 289 | Construction compound, working space and access for construction. | Work No. 7 |
Watherston | 51 | 293, 294, 295, 295a, 297, 298, 299, 300, 301, 303 | Construction compound, working space and access for construction. | Work No. 7 |
Watherston | 51, 52 | 305, 306 | Construction compound, working space and access for construction. | Work No. 7 |
Watherston | 52 | 306a | Construction compound, working space and access for construction. | Work No. 7 |
Galabank | 52 | 308, 311, 312, 313, 314, 315, 316, 318a, 320, 323 | Construction compound, working space and access for construction. | Work No. 7 |
Stow | 54 | 338 | Construction compound, working space and access for construction. | Works Nos. 7, 8 |
Stow | Stow plan | 344, s3 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 55 | 347, 348 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 55, 56 | 349, 350 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 56, 57 | 353 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 57 | 354, 355, 356, 360, 362, 363, 365 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 57, 58 | 366 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 57, 58, 59 | 369 | Construction compound, working space and access for construction. | Work No. 8 |
Stow | 58 | 366a | Construction compound, working space and access for construction. | Work No. 8 |
Ferniehirst | 58, 59 | 372 | Construction compound, working space and access for construction. | Work No. 8 |
Bow | 59 | 394, 395, 396, 397 | Construction compound, working space and access for construction. | Works Nos. 8, 8A |
Ferniehirst | 59 | 374, 376, 378, 378a, 379 | Construction compound, working space and access for construction. | Works Nos. 8, 8A |
Bow | 59, 60 | 398, 402 | Construction compound, working space and access for construction. | Works Nos. 8, 8A |
Bow | 60 | 403, 404, 405, 406a | Construction compound, working space and access for construction. | Work No. 8 |
Bowshank | 60 | 407, 409, 500, 502, 503, 504, 506, 507, 508, 513, 514, 515, 515a, 520, 522 | Construction compound, working space and access for construction. | Work No. 8 |
Bowshank | 60, 61 | 515b, 523 | Construction compound, working space and access for construction. | Work No. 8 |
Bowshank | 61 | 515c, 527, 530, 531 | Construction compound, working space and access for construction. | Work No. 8 |
Bowshank | 62 | 533, 535, 536 | Construction compound, working space and access for construction. | Works Nos. 8, 9 |
Bowland Bridge | 62 | 537, 538, 543, 545, 546 | Construction compound, working space and access for construction. | Works Nos. 8, 9 |
Bowland Wood | 63 | 549, 550, 551, 552 | Construction compound, working space and access for construction. | Work No. 9 |
Whitelee House | 64 | 560, 561, 562, 563, 564, 565, 566, 568 | Construction compound, working space and access for construction. | Work No. 9 |
Whitelee House | 64, 65 | 566a | Construction compound, working space and access for construction. | Work No. 9 |
Whitelee House | 65 | 566b | Construction compound, working space and access for construction. | Work No. 9 |
Robin's Knowe | 65 | 570, 571, 572, 574, 575, 576, 577, 577a, 577b, 581 | Construction compound, working space and access for construction. | Work No. 9 |
Robin's Knowe | 65, 66 | 582 | Construction compound, working space and access for construction. | Work No. 9 |
Torwoodlee | 66 | 582a, 587, 589 | Construction compound, working space and access for construction. | Work No. 9 |
Torwoodlee Golf Course | 66, 69 | 588 | Construction compound, working space and access for construction. | Work No. 9 |
Torwoodlee | 66, 70 | 602, 604 | Construction compound, working space and access for construction. | Work No. 9 |
Torwoodlee | 66, 67, 68 | 603 | Construction compound, working space and access for construction. | Work No. 9 |
Torwoodlee | 69 | 588a, 590, 591, 591a, 592, 593, 594, 595, 596, 597, 598 | Construction compound, working space and access for construction. | Work No. 9 |
Torwoodlee Tunnel | 70 | 606, 607, 608, 609, 610, 614, 616, 617 | Construction compound, working space and access for construction. | Works Nos. 9, 10 |
Wood Street | 70 | 619, 619a, 620, 620a, 621, 623, 623a | Construction compound, working space and access for construction. | Works Nos. 9, 10 |
Mill Park | 70 | 624a | Construction compound, working space and access for construction. | Works Nos. 9, 10 |
Mill Park | 70, 71 | 624, 625 | Construction compound, working space and access for construction. | Works Nos. 9, 10 |
Kilnknowe Place | 71 | 632, 633, 635, 636, 637, 639, 640, 641, 644, 647, 654, 655 | Construction compound, working space and access for construction. | Work No. 10 |
Kilnknowe Place | 71, 72 | 656 | Construction compound, working space and access for construction. | Work No. 10 |
Plumtreehall Brae | 71, 72 | 658, 659, 660, 661, 662 | Construction compound, working space and access for construction. | Works Nos. 10, 10A, 10B |
High Buckholmside | 72 | 691, 692 | Construction compound, working space and access for construction. | Work No. 10 |
Low Buckholmside | 72 | 693, 694, 695a, 696, 696a | Construction compound, working space and access for construction. | Work No. 10 |
Plumtreehall Brae | 72 | 663, 666, 667, 668, 669, 672, 673, 676, 684, 687, 687a, 688, 690 | Construction compound, working space and access for construction. | Works Nos. 10, 10A, 10B |
Low Buckholmside | 72, 73 | 695, 697, 699 | Construction compound, working space and access for construction. | Works Nos. 10, 10C |
Low Buckholmside | 73 | 697a, 704, 708 | Construction compound, working space and access for construction. | Works Nos. 10, 10C |
Ladhope Vale | 73 | 709, 710, 712 | Construction compound, working space and access for construction. | Works Nos. 10, 10E |
Currie Road | 74 | 726, 728, 731, 731a, 732, 732a, 734, 736, 743, 743a, 748b, 750, 758, 762 | Construction compound, working space and access for construction. | Works Nos. 10, 10D, 10E, 10F, 10G, 10H |
Glenfield Road | 75 | 763a, 765, 766, 770, 771 | Construction compound, working space and access for construction. | Works Nos. 10, 10J |
Glenfield Road | 75, 76, 77 | 772 | Construction compound, working space and access for construction. | Work No. 10 |
Glenfield Road | 76 | 775, 776, 778 | Construction compound, working space and access for construction. | Works Nos. 10, 10J |
Woodstock Avenue | 76 | 780, 781, 781a, 782, 784a, 785 | Construction compound, working space and access for construction. | Work No. 10 |
Winston Place | 76, 77 | 786a, 786b | Construction compound, working space and access for construction. | Work No. 10 |
Winston Place | 77 | 787 | Construction compound, working space and access for construction. | Work No. 10 |
Winston Road | 77 | 788, 790, 791, 792, 794, 795 | Construction compound, working space and access for construction. | Work No. 10 |
Galafoot | 77 | 797, 797a, 798, 798a, 799, 802, 803, 804, 805, 807, 809, 810, 811 | Construction compound, working space and access for construction. | Work No. 10 |
Tweedbank | 77,78 | 812, 813 | Construction compound, working space and access for construction. | Work No. 10 |
Tweedbank | 78 | 815, 816, 822, 823, 823b, 824 | Construction compound, working space and access for construction. | Works Nos. 10, 10K, 10L |
SCHEDULE 8Statutory undertakers, etc.
1
Subject to the provisions of this schedule, sections 224 to 227 of the 1997 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land which has been acquired under this Act, or which is held by the authorised undertaker and is appropriated or used (or about to be used) by it for the purposes of this Act or for purposes connected with this Act.
2
All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by paragraph 1 above (including sections 228 to 231, which contain provisions consequential on the extinguishment of any rights under sections 224 and 225, and sections 232(2) to (4), 233 and 235, which provide for the payment of compensation) shall have effect accordingly.
3
In the provisions of the 1997 Act, as applied by paragraphs 1 and 2 above—
(a)
references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and
(b)
references to land acquired or appropriated as mentioned in section 224(1) of the 1997 Act are references to land acquired, appropriated or used as mentioned in paragraph 1 above.
4
Where any apparatus of a utility undertaker or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 224, 225 or 226 of the 1997 Act, as applied by paragraph 1 above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
5
Paragraph 4 above shall not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—
(a)
the owner or occupier of premises the drains of which communicated with that sewer; or
(b)
the owner of a private sewer which communicated with that sewer,
shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the person's drain or sewer communicate with any other public sewer or with a private sewage disposal plant.
6
The provisions of the 1997 Act mentioned in paragraphs 1 and 2 above, as applied by those paragraphs, shall not have effect in relation to apparatus as respects which Part IV of the 1991 Act applies.
7
In this schedule—
“gas transporter” has the meaning given by section 7(1) of the Gas Act 1986 (c. 44);
“public telecommunications operator” means—
(a)
a person authorised, by a licence to which section 9 of the Telecommunications Act 1984 (c. 12) applies, to run a public telecommunications system; or
(b)
a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; and
“utility undertaker” means a person who is—
(a)
authorised by any enactment to carry on an undertaking for the supply of water;
(b)
a gas transporter; or
(c)
the holder of a licence under section 6 of the Electricity Act 1989 (c. 29),
and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.
SCHEDULE 9Listed buildings and conservation areas
1
(1)
Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 21 March 2003 and is specified in columns (1), (2) and (3) of the following table—
(a)
section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;
(b)
to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by Part 1 of this Act, it shall not have effect or, as the case may be, shall cease to have effect;
(c)
no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above; and
(d)
no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.
(2)
In the case of any building specified in columns (1), (2) and (3) of the following table in relation to which any description of works is specified in column (4) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.
(3)
Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 21 March 2003.
(4)
If a building included in a conservation area and not a listed building—
(a)
was not included in a conservation area immediately before 21 March 2003; or
(b)
was included in such an area immediately before that date and is specified in columns (1), (2) and (3) of the following table,
section 66 of the Listed Buildings Act (control of demolition in conservation areas) shall not apply to the demolition of the building in exercise of the powers conferred by Part 1 of this Act.
(5)
Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.
Local government area | Sheet of Parliamentary plans | Buildings authorised to be demolished or altered | Limit of authorised demolition or alteration |
|---|---|---|---|
(1) | (2) | (3) | (4) |
Midlothian | 7 | Glenesk Viaduct, Dalkeith | Structural repairs to the spandrels and wingwalls. Provision of cantilevered walkway. |
Midlothian | 8 | Former Eskbank and Dalkeith Station platforms | Re-pointing and masonry repairs. |
Midlothian | 8 | Melville Road Bridge, Eskbank (Overbridge 13) | Repairs and re-pointing to masonry and brickwork. Waterproofing works to bridge arch. |
Midlothian | 8 | Lasswade Road Bridge, Eskbank (Overbridge 14) | Re-pointing of bridge arch ring. |
Midlothian | 8 | Bonnyrigg Road, Eskbank (Overbridge 15) | Re-pointing. Replacement of damaged stonework. |
Midlothian | 11 | Dalhousie Mains Bridge, Lothian Bridge (Underbridge 17) | Re-pointing and repairs to abutments and wingwalls. Reconstruction of spandrel wall on east side of bridge. Replacement of handrails. Cleaning and repainting of cantilever supports. |
Midlothian | 11, 12 | Newbattle Viaduct, Lothian Bridge | Re-pointing, repairs and replacement of bricks. |
Midlothian | 13 | Murderdean Road Bridge, Newtongrange (Overbridge 19) | Repairs and re-pointing to masonry. Removal of infill material. |
Midlothian | 15 | Redhaugh Farm Bridge, Redhaugh (Overbridge 21) | Repairs and re-pointing to abutments and wingwalls. Shot blast cleaning and painting bridge girders. Construction of parapets to replace existing handrails. |
Midlothian | 16 | Povert Road Bridge, Redhaugh(Overbridge 22) | Repairs and re-pointing. Waterproofing works to bridge arch. |
Midlothian | 21 | Existing Footbridge, Fushiebridge (Footbridge 28) | Removal of bridge superstructure. |
Midlothian | 21 | Former Fushiebridge Station Bridge, Fushiebridge (Overbridge 29) | Repairs and re-pointing. Waterproofing works to bridge arch. |
Midlothian | 22 | Catcune Farm Bridge, Catcune (Overbridge 30) | Demolition and replacement of bridge. |
Midlothian | 22 | Catcune Farm Accommodation Bridge, Catcune (Underbridge 31) | Re-pointing and repairs. Waterproofing works to bridge arch. Removal and replacement of wrought iron handrail. |
Midlothian | 24 | Castle Road Bridge, Borthwick Mains (Overbridge 32) | Repairs and re-pointing. |
Midlothian | 24 | Borthwick Mains Bridge, Borthwick (Underbridge 33) | Repairs to masonry. Removal and replacement of wrought iron handrail. |
Midlothian | 25 | Halflaw Kiln Bridge, Birky Side (Overbridge 34) | Demolition and replacement of bridge superstructure. Repairs and re-pointing to bridge. |
Midlothian | 26 | Halflaw Bow's, Maggie Bowies Glen (Overbridge 35) | Demolition and replacement of bridge deck and parapets. Repairs to masonry. |
2
Section 53 of the Listed Buildings Act (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by Part 1 of this Act with respect to works.
3
In this schedule—
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9); and
“building” and “listed building” have the same meanings as in the Listed Buildings Act.
SCHEDULE 10Code of construction practice
1
Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that there is submitted to that local planning authority for its written approval—
(a)
the code of construction practice; and
(b)
one or more draft local construction codes relating to so much of the authorised works as is situated in the area of the local planning authority concerned.
2
The local planning authority shall send a copy of every code submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.
3
The authorised undertaker may with the approval of the local planning authority (and shall if so required by the local planning authority) amend or replace the code of construction practice or any local construction code.
4
The provisions of the code of construction practice and any local construction code, as from time to time amended or replaced shall have effect as conditions to which section 48 applies.
SCHEDULE 11Works affecting the River Tweed Special Area of Conservation
Part 1Works requiring special measures
1
This Part of this schedule applies to the sites specified in the table.
Location ID No. | Description | Co-ordinates | |
|---|---|---|---|
(1) | (2) | X | Y |
|
|
| (3) |
4 | Confluence of Gala Water and Shoestanes Barn | 340406 | 654396 |
5 | Underbridge 49, near Heriot | 340406 | 654396 |
6 | Proposed river diversion (part of Work No. 5D) | 340512 | 654217 |
7 | Replacement culvert near Shoestanes (part of Work No. 5) | 340509 | 654093 |
8 | River bank, near Heriot Station | 340570 | 653982 |
9 | River bank protection, near Stagebank | 341113 | 653144 |
10 | Underbridge 52, near Little Gala | 341542 | 652594 |
11 | River bank protection, near Haltree | 341845 | 652269 |
13 | Underbridge 53, near Crookstone Mill | 342456 | 651192 |
14 | Underbridge 54, Hollowsbank | 342373 | 650850 |
15 | Underbridge 55, Hollowsbank | 342346 | 650768 |
16 | Underbridge 56, near Bower | 342352 | 650341 |
17 | Underbridge 58, Fountainhall | 342992 | 649536 |
18 | Riverbank protection, near Burnhouse | 343487 | 649126 |
19 | Underbridge 60, Plenploth North | 344152 | 648785 |
20 | Underbridge 61, Torquhan South | 344300 | 647927 |
22 | Riverbank protection, Pirnhouse | 344469 | 647167 |
23 | Underbridge 64, Watherston Culvert | 344325 | 646697 |
24 | Riverbank protection, Craigsbank | 344303 | 646495 |
25 | Underbridge 65, Watherston Bridge | 344166 | 646031 |
26 | Underbridge 67, Gala Bank | 344308 | 645582 |
27 | Riverbank protection, Millbank, Section 1 | 344699 | 645369 |
28 | Riverbank protection, Millbank, Section 2 | 345158 | 645175 |
29 | Riverbank protection, Lady's Park, near Stow | 345420 | 643931 |
30 | Underbridge 70, Luggate Bridge | 345265 | 643137 |
31 | Underbridge 72, Ferniehurst Water | 344790 | 641965 |
32 | Underbridge 73B, between Bowshank Farm and Gala Water | 345187 | 641416 |
33 | Underbridge 74, Bowshank North | 345230 | 641382 |
34 | Underbridge 77, Bowshank South | 345419 | 641059 |
35 | Riverbank protection, Bowshank South | 345384 | 640816 |
36 | Underbridge 78, Bowshank South | 345417 | 640794 |
37 | Riverbank protection, Bowland | 345599 | 640064 |
38 | Riverbank protection, Whitelee House | 346533 | 639191 |
39 | Underbridge 83, Whitelee Culvert | 346668 | 639144 |
40 | Underbridge 84, Whinwater | 347089 | 638912 |
41 | Riverbank protection, Gala Water at Torwoodlee | 347292 | 638846 |
42 | Underbridge 87, Torwoodlee Water | 347505 | 637885 |
43 | Underbridge 88, Torwoodlee Culvert | 347501 | 637865 |
45 | Underbridge 92, Ryehaugh Water | 347568 | 637496 |
46 | Underbridge 95, Kilnknowe | 348260 | 637030 |
49 | Underbridge 104, Red Bridge | 351570 | 635256 |
50 | Underbridge 45, near Heriot | 339946 | 655241 |
51 | Underbridge 47, near Heriot | 340284 | 654752 |
52 | Underbridge 48, near Heriot | 340366 | 554513 |
2
The authorised undertaker shall not undertake any works for the protection of river banks at sites ID8, ID9, ID11, ID22, ID24, ID27, ID28, ID29, or ID37.
3
The location of any work for the protection of river banks to be undertaken by the authorised undertaker at sites ID4, ID18, ID35, ID36, ID38, ID41, ID42 and ID43 shall be approved by SNH.
4
Before commencing the construction of any works, or carrying out any operations, at any of the sites to which this schedule applies, the authorised undertaker shall consult SNH regarding—
(a)
detailed engineering design;
(b)
construction methods;
(c)
pollution control;
(d)
timing of works and operations;
(e)
conservation of specific habitats or of habitats of specific species,
and shall implement such detailed mitigation measures regarding such matters as SNH may require.
5
The authorised undertaker shall secure that the code of construction practice is amended from time to time as appropriate so as to procure the carrying out of measures required pursuant to paragraph 4.
6
Where and to the extent that any measure required by paragraph 4 cannot be dealt with in the code of construction practice (as from time to time amended or replaced), it shall be specified in an agreement to which the local planning authority and the authorised undertaker are party.
7
Any provision amending the code of construction practice pursuant to paragraph 5, and the provisions of any agreement entered into pursuant to paragraph 6, shall have effect as a condition to which section 48 applies.
Part 2Works not requiring special measures
Location ID No. | Description | Co-ordinates | |
|---|---|---|---|
(1) | (2) | X | Y |
|
|
| (3) |
12 | Underbridge 5, Crookstone | 341930 | 652185 |
21 | Underbridge 62, Pirnhouse | 344445 | 647576 |
SCHEDULE 12Provisions of original enactments applied to authorised works
Enactment | Provisions applied |
|---|---|
(1) | (2) |
Musselburgh and Dalkeith Water Act 1871 (c.cxxxiii) | Sections 14, 15 and 16 |
Melrose District Water Order Confirmation Act 1904 (c.cxlvii) | In the Melrose District Water Order 1904, section 9 |
Edinburgh and District Water Order Confirmation Act 1904 (c.xlxxxviii) | In the Edinburgh and District Water Order 1904, section 7 |
Galashiels Drainage and Burgh Extension Order Confirmation Act 1908 (c.cxxviii) | In the Galashiels Drainage and Burgh Extension Order 1908, section 16 |
Edinburgh Corporation Order Confirmation Act 1970 (c.lx) | In the Edinburgh Corporation Order 1970, section 25 |
Edinburgh Corporation Order Confirmation Act 1971 (c.xxxvii) | In the Edinburgh Corporation Order 1971, section 36 |