Glasgow Airport Rail Link Act 2007

SCHEDULE 1Scheduled works

(introduced by section 2)

In the local government area of Renfrewshire—

  • Work No. 1 – A railway (2,115 metres in length) commencing within Glasgow Airport at a new station at a point 160 metres west of the junction of White Cart Road with St Andrew’s Drive, passing on viaduct westwards over Caledonian Way West and St Andrew’s Drive West then passing on viaduct southwards over the M8 motorway, St James' Park, the A726 road, McFarlane Street and Clark Street then passing on embankment to Murray Street, continuing south-eastwards and terminating by a junction with the Paisley to Gourock Line at a point 150 metres south of the junction of Murray Street with Mackean Street. Work No. 1 includes a single span bridge over the M8 as part of the said viaduct and the widening of the bridge carrying the existing railway over Murray Street.

  • Work No. 1A – An elevated structure linking the proposed station with the existing terminal building at Glasgow Airport commencing at a point 220 metres north-east of the junction of Caledonian Way with Caledonian Way West, passing over Caledonian Way and terminating at a point 180 metres west of the junction of White Cart Road with St Andrew’s Drive.

  • Work No. 1B – An access road, commencing by a junction with the eastbound St James' Interchange to Glasgow Airport access road at a point 175 metres south-west of the junction of that road with St Andrew’s Crescent and terminating at a point 50 metres north-west of the point of commencement.

  • Work No. 1C – A lowering of Murray Street between a point 230 metres east of its junction with Greenhill Road and a point 48 metres east of its commencement.

  • Work No. 2 – A railway (104 metres in length) forming a cross-over between the Up and Down Lines of the Paisley to Gourock Line, commencing by a junction with that railway at a point 167 metres south-east of the bridge carrying the railway over Stirrat Street and terminating 104 metres south-east of its commencement.

  • Work No. 3 – A realignment of the Glasgow Central to Ayr Line, (1,698 metres in length) including the remodelling of Wallneuk and Arkleston Junctions, commencing by a junction with that railway at a point 150 metres south-west of the junction of Brick Lane with North Croft Street, passing north-eastwards and terminating by a junction with that railway 142 metres north-east of the junction of Arkleston Drive with Endrick Drive.

In the local government areas of Renfrewshire and the City of Glasgow—

  • Work No. 4 – A railway (6,813 metres in length) commencing by a junction with Work No. 3 at its termination, passing eastwards and terminating at a point 155 metres north of the junction of Woodrow Circus with Maxwell Drive. Work No. 4 includes realignment of the existing tracks and the widening of the bridge carrying the railway over Sandwood Road.

  • Work No. 4A – A railway (298 metres in length) forming cross-overs between the Up line and Down line of the Glasgow Central to Ayr railway and the intended railway in Work No.4 including the realignment of the junction into Deanside Sidings, commencing by a junction with the Deanside Sidings railway at a point 125 metres north-east of the junction of Lintlaw Drive and Ladykirk Drive and terminating by a junction with the Glasgow Central to Ayr railway at a point 125 metres east of the bridge carrying Berryknowes Road over the railway.

In the local government area of the City of Glasgow—

  • Work No. 5 – A railway 378 metres in length, commencing by a junction with the West Coast Main Line at a point 52 metres north-east of the junction of Clyde Place and George V Bridge, passing northwards and terminating in Glasgow Central Station at a point 48 metres north-east of the junction of Hope Street with Argyle Street.

In the local government area of Renfrewshire—

  • Work No. 6 – A railway (606 metres in length) forming an extension of the existing passing loop at Elderslie adjoining the Up line of the Glasgow Central to Ayr railway, commencing by a junction with that railway 465 metres west of the junction of Main Road with Newton Avenue, passing eastwards and terminating by a junction with that railway 150 metres north-east of the said junction of Main Road with Newton Avenue.

SCHEDULE 2Ancillary works

(introduced by section 3)

In the local government area of Renfrewshire and the City of Glasgow—

1Works for the provision of recreational facilities in St James' Park.

2Works for the provision of facilities for the storage and handling of aviation fuel at Glasgow Airport.

3Buildings, platforms, junctions and stopping places.

4Bridges, subways, stairs, lifts, escalators, roundabouts and means of access.

5Junctions and communications with, and widening of, any road, path or way.

6Works for the provision (for the authorised undertaker or any other person) of apparatus, plant or machinery and for the accommodation of such works, including mains, sewers, pipes, drains, cables, lights, conduits and culverts.

7Works for the strengthening, underpinning, protection, alteration or demolition of any building or structure.

8Works or operations to stabilise the condition of any land or for the purposes of flood prevention.

9Works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses.

10Works 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 6.

11Without prejudice to the generality of paragraph 10, works to alter the position of any railway track or other railway apparatus.

12Landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.

13Works for the benefit or protection of premises affected by the authorised works.

14The 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.

15Such 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 3Roads to be temporarily stopped up

(introduced by section 9)

Sheet of Parliamentary plansRoad to be stopped upExtent of temporary stopping up
(1)(2)(3)
In the local government area of Renfrewshire—
3 and 4A726, PaisleyBetween points T1 and T2
3 and 4McFarlane StreetBetween points T3 and T4
3 and 4Clark StreetBetween points T5 and T6
5Murray StreetBetween points T7 and T8
In the local government area of Renfrewshire and the City of Glasgow—
11Sandwood RoadBetween points T9 and T10

SCHEDULE 4Safeguarding works: procedure

(introduced by section 11)

1Safeguarding 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.

2For the purpose of determining how the powers conferred by section 11 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 and may affix to, place on, leave on and remove from such building or land apparatus for use in connection with such survey.

3For the purpose of carrying out safeguarding works to a building under section 11 of this Act, the authorised undertaker may (subject to paragraphs 4 and 5)—

(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).

4Before exercising—

(a)a right under section 11 of this Act to carry out safeguarding works to a building;

(b)a right under paragraph 2 to enter a building;

(c)a right under paragraph 3(a) to enter a building or land; or

(d)a right under paragraph 3(b) 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) the notice shall also specify the safeguarding works proposed to be carried out.

5Where notice is served under paragraph 4(a), (b), (c) or (d), 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 determined by arbitration.

6The authorised undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers conferred by this schedule have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

7Where—

(a)safeguarding works to a building are carried out under section 11 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.

8Nothing in this schedule shall relieve the authorised undertaker from any liability to pay compensation under the Land Clauses Acts.

9Any dispute as to a person’s entitlement to compensation under paragraph 6 or 7, or as to the amount of the compensation, shall be determined under the 1963 Act.

SCHEDULE 5Acquisition of land, etc. outside limits of deviation

(introduced by section 14)

Part 1Acquisition of land

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which land to be acquired
(1)(2)(3)(4)
In the local government area of Renfrewshire—
Glasgow Airport1 and 230Working space, access for construction and diversion of utilities
Glasgow Airport1 and 233Working space, access for construction, diversion of utilities and thereafter access for maintenance
Glasgow Airport268Working space, access for construction and diversion of utilities
Glasgow Airport272Replacement of fuel farm
Murray Street Business Area5109Working space, access for construction and diversion of utilities

Part 2Acquisition of rights only

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which rights may be acquired
(1)(2)(3)(4)
In the local government area of Renfrewshire—
Glasgow Airport11 and 7Access for construction and thereafter for maintenance
Glasgow Airport15Access for construction
Glasgow Airport1 and 216Access for construction and thereafter for maintenance
Glasgow Airport119Access for construction
Glasgow Airport123, 25 and 28Access for construction and thereafter for maintenance
Glasgow Airport239, 46 and 48Access for construction and thereafter for maintenance
Glasgow Airport264Access for construction and thereafter for maintenance
Glasgow Airport269Air space for oversailing during construction of works
St James' Park3 and 482Access for maintenance on completion of Work No.1
St James' Park382b and 84Access for maintenance on completion of Work No.1
St James' Park480, 80a and 82aAccess for maintenance on completion of Work No.1
St James' Park481aAccess for construction
Murray Street Business Area3100Access for construction
Paisley6133Access for construction and thereafter for maintenance
Paisley6135 and 136Access for construction
Elderslie20149 and 151Access for construction and thereafter for maintenance
In the local government area of the City of Glasgow—
Shields Junction1839Access for construction
Glasgow Central Station1946a and 48Access for construction
Glasgow Central Station1949a, 49c at its upper level and 49dAccess for construction and thereafter for maintenance

SCHEDULE 6Land of which temporary possession may be taken

(introduced by section 16)

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which temporary possession may be takenAuthorised work
(1)(2)(3)(4)(5)
In the local government area of Renfrewshire—
Glasgow Airport16, 9, 10 and 12aConstruction compound, working space and access for constructionWorks Nos. 1 and 1A
Glasgow Airport123, 25 and 28Working spaceWork No. 1
Glasgow Airport123a, 26, 26a, 26b, 27, 27a and 29Working space and access for constructionWork No. 1
Glasgow Airport236, 37, 38, 40, 41, 42, 49 and 71cWorking space and access for constructionWork No. 1
Glasgow Airport239Working spaceWork No. 1
Glasgow Airport245Construction compound, working space and access for constructionWork No. 1
Glasgow Airport246Working spaceWork No. 1
Glasgow Airport251, 53, 55 and 57Construction compound, working space and access for constructionWork No. 1
Glasgow Airport258 and 63Construction compound, working space and access for constructionWork No. 1
Glasgow Airport264Working spaceWork No. 1
Glasgow Airport269aWorking space and access for constructionWork No. 1
Glasgow Airport270Construction compound and accessWork No. 1
Glasgow Airport270a, 70b and 70cWorking space and access for constructionWork No. 1B
Glasgow Airport271Working space and access for constructionWork No. 1
Glasgow Airport271a and 71bWorking space and access for constructionWork No. 1
Glasgow Airport272a, 72b, 72c and 72dConstruction compound, working space and access for constructionWork No. 1B
St James' Park2 and 474Provision of recreational facilities, associated mitigation and landscapingWork No. 1
St James' Park2, 3 and 475Construction compound, working space and access for construction and thereafter for provision of recreational facilities, associated mitigation and landscapingWork No. 1
St James' Park2 and 377Working space and access for constructionWork No. 1
St James' Park2 and 378Provision of recreational facilities, associated mitigation and landscapingWork No. 1
St James' Park379Working spaceWork No. 1
St James' Park378a, 82b, 84, 86, 88, 89 and 91Working space and access for constructionWork No. 1
Murray Street Business Area392, 94a and 95Working space and access for constructionWork No. 1
St James' Park481Landscaping and mitigationWork No. 1
Murray Street Business Area3 and 5101Construction compound, working space and access for constructionWorks Nos. 1 and 1C
Murray Street Business Area3 and 5103 and 104Construction compound, working space and access for constructionWork No. 1
Murray Street Business Area5107 and 107aConstruction compound, working space and access for constructionWorks Nos. 1 and 1C
Murray Street Business Area5111 and 116Working space and access for constructionWork No. 1C
Murray Street Business Area5117 and 119Working space and access for constructionWork No. 1
Paisley6130 and 132Construction compound and accessWork No. 3
Gallowhill7137Construction compound, working space and access for constructionWork No. 3
Arkleston8140Construction compound and accessWorks Nos. 3 and 4
Elderslie20152Working space and access for constructionWork No. 6
In the local government area of the City of Glasgow—
Hillington1311 and 11aConstruction compound, working space and access for constructionWorks Nos. 4 and 4A
Govan1622Construction compound and access for constructionWork No. 4
Shields Junction1841Construction compound and access for constructionWork No. 4
Glasgow Central Station1947Construction compound, working space and access for constructionWork No. 5
Glasgow Central Station1946, 49, 49a, 49b, 49c and 49dWorking spaceWork No. 5
Glasgow Central Station1945, in respect of the premises leased by CGM (Oswald) Limited (company no. SC 190896)Working space and access for constructionWork No. 5

SCHEDULE 7Statutory undertakers, etc.

(introduced by section 34)

1Subject 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.

2All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by paragraph 1 (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.

3Where any apparatus of a utility undertaker or of a public communications provider 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, 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.

4Paragraph 3 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.

5The provisions of the 1997 Act mentioned in paragraphs 1 and 2, as applied by those paragraphs, shall not have effect in relation to apparatus as respects which Part IV of the 1991 Act applies.

6In this schedule—

  • “gas transporter” has the meaning given by section 7(1) of the Gas Act 1986 (c. 44);

  • “public communications provider” has the meaning given by section 151(1) of the Communications Act 2003 (c. 21); 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 8Listed buildings

(introduced by section 37)

1(1)Subject to sub-paragraph (2), if a listed building was such a building immediately before 1st September 2004 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); 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).

(2)In the case of the 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) shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were 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) shall also apply in relation to a listed building which was not such a building immediately before 1st September 2004.

(4)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.

Table

Building authorised to be altered

Local government areaSheet of Parliamentary plansBuilding authorised to be alteredLimit of authorised alteration
(1)(2)(3)(4)
City of Glasgow19Glasgow Central StationAlterations in connection with platform lengthening, installation of overhead line electrification and to exit ramp to Oswald Street and rearrangement of ancillary buildings and facilities.
Strengthening works to undercroft, Midland Street bridge and Argyle Street bridge.

2Section 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.

3In 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 9Code of construction practice

(introduced by section 45)

1Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that the code of construction practice is submitted to the local planning authority for its written approval.

2The 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.

3The authorised undertaker may with the approval of the local planning authority amend or replace the code of construction practice.

4In approving the code of construction practice or any amendment or replacement submitted under this schedule the local planning authority may require the authorised undertaker to make amendments to the code or to the amendment or replacement as the case may be.