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SCHEDULES

Section 4(1)(a).

SCHEDULE 1The authorised works in Dudley, Sandwell, Walsall and Wolverhampton (The Black Country Route)

Note: In the following descriptions:—

Part IDescription of works specifically authorised

In the Metropolitan Borough of Wolverhampton—

In the Metropolitan Boroughs of Walsall and Wolverhampton—

In the Metropolitan Borough of Walsall—

In the Metropolitan Boroughs of Sandwell and Walsall—

In the Metropolitan Borough of Sandwell—

In the Metropolitan Boroughs of Dudley and Sandwell—

In the Metropolitan District of Dudley—

Part[Section 5(1)(a).] IIDescription of further works and powers

(1)

The Executive may, in the Metropolitan Borough of Wolverhampton—

(a)

set back the footway and kerbline of Piper’s Row on its eastern side between the points marked A1 and A2 on the deposited plans;

(b)

set back the kerbline of Union Mill Street on its southern side between the points marked A3 and A4 on the deposited plans;

(c)

stop up and discontinue so much of the footpath between Sun Street and Freeman Street as lies between the points marked A5 and A6 on the deposited plans, substituting therefor a new footpath between those points;

(d)

stop up and discontinue the footpath and the pedestrian subway under the former Wolverhampton and Walsall Railway between the points marked A7 and A8 on Sheet 3 of the deposited plans;

(e)

stop up and discontinue so much of the northern end of the road between the cul-de-sac (Wolverhampton Road, South) and Wolverhampton Road as lies between the points marked A8 and A9 on Sheet 4 of the deposited plans; and

(f)

stop up and discontinue so much of Hall Street as lies between the points marked A11 and A12 on the deposited plans.

(2)

The Executive may, in the Metropolitan Borough of Walsall—

(a)

stop up and discontinue so much of the footpath between Park Road and the Willenhall Memorial Park as lies between the points marked B1 and B2 on the deposited plans and remove the existing footbridge, substituting therefor a new footpath between those points, including a new footbridge over Work No. 5;

(b)

stop up and discontinue so much of the footpath between Temple Bar and St. Ann’s Road as lies between the points marked B3 and B4 on the deposited plans, substituting therefor new footpaths between the points so marked B3 and B5 and between the points so marked B6 and B4 and extending the existing footpath to New Hall Street from the point so marked B7 to the point so marked B8;

(c)

stop up and discontinue so much of the footpath between St. Ann’s Road and Stringes Lane as lies between the points marked B9 and B10 on the deposited plans;

(d)

stop up and discontinue so much of the footpath between St. Ann’s Road and Stringes Lane north of South Street as lies between the points marked B9 and B11 on the deposited plans substituting therefor a new footpath between the points so marked B9 and B12; and

(e)

lower the level of so much of the footpath between Brewer Street and Mill Street as lies between the points marked B13 and B14 on the deposited plans and remove the existing bridge carrying Mill Street over the course of the former Wolverhampton and Walsall Railway.

(3)

The Executive may, in the Metropolitan Borough of Walsall—

(a)

stop up and discontinue so much of Scarborough Road as lies between the points marked C1 and C2 on the deposited plans and remove the existing bridge carrying that road over the Walsall Canal, substituting therefor a footpath between those points and a new footbridge over the canal;

(b)

set back the footway and kerbline on so much of the northern side of Darlaston Road as lies between the points marked C3 and C4 on the deposited plans;

(c)

set back the kerbline on so much of the northern side of Darlaston Road as lies between the following points marked on the deposited plans:—

  • C5 and C6;

  • C7 and C8 including so much thereof as lies beneath the bridge carrying the M6 motorway over that road; and

(d)

raise the level of roads at the junction of Cemetery Road, Kendricks Road and Bentley Mill Way between the points marked C9, C10, C11, C12 and C13 on the deposited plans.

(4)

The Executive may, in the Metropolitan Borough of Walsall—

(a)

stop up and discontinue the footpaths along or across the course of the former Darlaston Loop Railway, now comprising the Darlaston Walkway, between the points marked on the deposited plans specified in column (1) of the following table, substituting therefor new footpaths between the points so marked specified in column (2) of that table:—

Footpaths to be stopped up (1)Footpaths to be substituted (2)
D1 and D2D1 and D5D5 and D2
D2 and D3D2 and D4D5 and D6
D2 and D7D2 and D8D9 and D7
D12 and D13D16 and D17D14 and D15
D18 and D19D18 and D20

; and

(b)

stop up and discontinue so much of each of the footpaths across or joining that walkway, from Station Street or Avenue Road to Victoria Road or Crescent Road, as lies between the following points marked on the deposited plans:—

  • D10 and D11

  • D12 and D13

  • D16 and D17;

and provide a new footpath from Avenue Road to that walkway between the points so marked D14 and D15.

(5)

The Executive may, in the Metropolitan Borough of Sandwell, stop up and discontinue—

(a)

the spur road on the south-western side of Holyhead Road between the points marked E1 and E2 on the deposited plans;

(b)

so much of Potters Lane as lies between the points marked E3 and E4 on the deposited plans;

(c)

Smith Road west from the point marked E5 on the deposited plans;

(d)

so much of Eagle Lane as lies between the points marked E6 and E7 on the deposited plans, substituting therefor a new footpath between those points; and

(e)

Keelinge Street between the points marked E8 and E9 on the deposited plans.

(6)

The Executive may, in the Metropolitan Borough of Dudley—

(a)

stop up and discontinue the access road to the former Dudley Freightliner Terminal between the points marked F1 and F2 on the deposited plans;

(b)

set back the kerbline on the eastern side of Birmingham Street (North) between the points marked F3 and F4 on the deposited plans; and

(c)

set back the kerbline on the western side of Birmingham Street (North) between the points marked F5 and F6 on the deposited plans.

(7)

(a)

In this paragraph “the specified building” is the building known as Bentley’s Wine Bar, off Castle Street in the Metropolitan Borough of Dudley, forming part of the lands shown on the [1971 c. 78.] deposited plans numbered 23 in Dudley.

(b)

The Executive may remove so much of the north-eastern extension of the specified building as is within 7·5 metres of the centre line of the railway (Work No. 16) shown on the deposited plans, subject to the restoration of the remainder of the north-eastern side of the building to the reasonable satisfaction of the local planning authority.

Section 4(1)(b).

SCHEDULE 2The authorised works in Birmingham, Solihull and North Warwickshire(The Birmingham/Solihull Route)

Part IDescription of works specifically authorised

In the City of Birmingham—

In the City of Birmingham and the Metropolitan Borough of Solihull, parishes of Castle Bromwich, Chelmsley Wood, Fordbridge, Kingshurst and Smiths Wood—

In the Metropolitan Borough of Solihull, parish of Fordbridge—

Work No. 27A—A new street forming a diversion of the eastbound carriageway of Chester Road at its junction with Collector Road and Moorend Avenue, commencing at a point in that carriageway 75 metres east of the centre of the existing roundabout at that road junction and terminating at a point in that road 115 metres north-west of the centre of that roundabout, including a narrowing of Chester Road at the north-western side of its junction with Collector Road;

In the Metropolitan Borough of Solihull, parish of Chelmsley Wood—

In the Metropolitan Borough of Solihull, parishes of Bickenhill and Chelmsley Wood and in the County of Warwickshire, Borough of North Warwickshire, parish of Coleshill—

In the Metropolitan Borough of Solihull, parish of Bickenhill—

Part [Section 5(1)(b).] IIDescription of further works and powers

(1)

The Executive may, in the city of Birmingham—

(a)

stop up and discontinue the pedestrian subways under The Priory Queensway between the following points marked on the deposited plans:—

  • G1 and G2

  • G3 and G4

  • G5 and G6

  • G7 and G8;

(b)

stop up and discontinue the existing tunnel and ramp in the central reserved area of Jennens Road between the points marked G9 and G10 on the deposited plans;

(bb)

set back the footway and kerbline on so much of the south-eastern side of Plume Street as lies between the points marked G15 and G17 shown on Sheet No. 58A of the deposited plans and divert the footway to the line so shown between the points marked G15, G16 and G17;

(bbb)

fill in the Plume Street canal basin of the Birmingham and Fazeley Canal south-east of Plume Street and the entrance to that basin under Plume Street between the points marked G13 and G14 shown on Sheet No. 58A of the deposited plans;

(c)

stop up and discontinue so much of the footpath between the bridge over the River Tame west of Bromford Lane on the southern side of the existing Birmingham and Derby Railway as lies between the points marked G11 and G12 on the deposited plans, substituting therefor a new footpath between those points;

(d)

on land lying south of the M6 motorway and north of Bromford Drive, Chillinghome Road and Wanderer Walk—

(i)

stop up and discontinue the footpaths between the points marked on the deposited plans specified in column (1) of the following table, substituting therefor new footpaths between the points so marked specified in column (2) of that table:—

Footpaths to be stopped upFootpaths to be substituted
H1 and H2H3 and H4
H5 and H6H5 and H6
H9 and H8H9 and H8
H10 and H11H10 and H13
H11 and H12H13 and H12
(ii)

lower the level of the footpath at the said point marked H8 where it crosses Work No. 26;

(iii)

stop up and discontinue the footpath between the points marked H7 and H9 on the deposited plans; and

(iv)

raise the level of so much of the footpath leading to the eastern end of Bromford Drive as lies between the points marked H14 and H15 on the deposited plans.

(2)

The Executive may, in the Metropolitan Borough of Solihull, parishes of Castle Bromwich and Smiths Wood—

(a)

stop up and discontinue so much of the service road on the southern side of Collector Road west of its junction with Parkfield Drive as lies between the points marked H16 and H17 on the deposited plans, substituting therefor a new service road between the points so marked H18 and H17; and

(b)

stop up and discontinue so much of the access road between Collector Road and Auckland Drive as lies between the following points marked on the deposited plans:—

  • H19 and H25

  • H21 and H24

  • H23 and H24.

(3)

The Executive may, in the Metropolitan Borough of Solihull, parishes of Chelmsley Wood and Fordbridge—

(a)

stop up and discontinue so much of the footpath between Cole Valley Park and Clopton Crescent as lies between the points marked J1 and J2 on the deposited plans, substituting therefor a new footpath between those points;

(b)

stop up and discontinue so much of the slip roads and carriageways of or between Collector Road and Chester Road at the junction of those roads as lies between the following points on the deposited plans:—

  • J3 and J6

  • J4 and J5;

(c)

stop up and discontinue so much of the footpaths between Moorend Avenue and Meriden Park as lies—

(i)

on the northern side of the River Cole, between the points marked J9 and J7 and J8 and J7 on the deposited plans, substituting therefor a new footpath between the points so marked J11, J7 and J10; and

(ii)

on the southern side of the River Cole, between the points marked J14 and J12 and J13 and J12, substituting therefor a new footpath between the points so marked J15, J12 and J13.

(d)

lower the level of so much of the footpath between Moorend Avenue and Meriden Park as lies between the points marked K1 and K2 on the deposited plans.

(e)

stop up and discontinue so much of the southbound sliproads and carriageway of Moorend Avenue between its junctions with Chelmsley Road and Pine Square as lies between the points marked K3 and K4 on the deposited plans.

(4)

The Executive may, in the Metropolitan Borough of Solihull, parish of Bickenhill—

(a)

stop up and discontinue the access paths to Chester Road from two houses on the south-western side of that road north-east of its junction with Solihull Parkway and North Way between the points marked L44 and L45 on the deposited plans, substituting therefor a new access path with a single access to Chester Road;

(b)

stop up and discontinue Blackfirs Lane between the points marked M1 and M2 on the deposited plans and form a footpath between those points; and

(c)

provide a new access from the western forecourt of Birmingham International Station to the car park on the western side of that forecourt at the point marked N on the deposited plans.

Section 8(1).

SCHEDULE 3Railway crossings in highways

black country route

In the Metropolitan Borough of Wolverhampton—

Birmingham/Solihull Route

In the City of Birmingham—

Section 9(1).

SCHEDULE 4Streets affected by underground railways

Part IStreets in which works may be carried out and permanent openings made

In the City of Birmingham—

In the Metropolitan Borough of Solihull (Parish of Bickenhill)—

Part IIOther streets in which works may be carried out

In the City of Birmingham—

In the Metropolitan Borough of Solihull (Parish of Castle Bromwich)—

In the Metropolitan Borough of Solihull (Parish of Bickenhill)—

Section 13(b).

SCHEDULE 5

Part IAdditional lands which may be acquired or usedBlack Country Route

PurposeLocationLands numbered on the deposited plans
(1)(2)(3)
In the Metropolitan Borough of Wolverhampton
For the provision of a working site for construction purposes.Ring Road St. David's6.
In the Metropolitan Borough of Walsall
For the provision of a working site for construction purposes and access.Land adjoining Stringes Lane and Charles Street, Willenhall.18.
For the provision of a working site for construction purposes, access and car parking.Clarkes Lane and adjoining land, Willenhall.20 and 21.
For the provision of a working site for construction purposes.Land north of Work No.5 on the western side of the M6 motorway.26 and 27.
For the provision of a working site for construction purposes and landscaping.Land south of Work No.5 on the western side of the M6 motorway.26 and 27.
For the provision of a working site for construction purposes and landscaping.Land between Bloxwich Lane and the M6 motorway.28.
For the provision of a working site for construction purposes, access and landscaping.Land adjoining Bloxwich Lane and the M6 motorway.28, 29, 30 and 31.
For the provision of a working site for construction purposes and access.Land adjoining Cannon Street North, North Walsall.42 and 44.
For the provision of a working site for construction purposes.Land adjoining North Street, North Walsall.50.
For the provision of a station access and landscaping.Land south-east of Portland Street, North Walsall.53.
For the provision of station access and access for construction.Land south-east of Station Street, Walsall.71, 71a and 72.
For the provision of a working site for construction purposes.Land adjoining Wellington Street, Pleck.108.
In the Metropolitan Borough of Sandwell
For the provision of a working site for construction purposes, access, landscaping and interchange.Land adjoining Holyhead Road, Wednesbury.4, 5 and 6.
For the provision of a working site for construction purposes, access and landscaping.Land south-west of Holyhead Road.5.
For the provision of a working site for construction purposes and access.Potters Lane and Charles Street.15, 21 and 22.
For the provision of a working site for construction purposes.Land adjoining Bagnall Street.57, 58 and 59.
For the provision of a working site for construction purposes, access, landscaping and car parking.Land adjoining Park Lane East.109, 115, 116 and 117.
For the provision of a working site for construction purposes, access, landscaping and car parking.Land at Station access road, Dudley Port.117, 120 and 121.
For the provision of a working site for construction purposes, access and landscaping.Land east of Jays Avenue.126.
For the provision of a working site for construction purposes and access.Land adjoining Peel Street.168.
For the provision of a working site for construction purposes and access.Mayfair Gardens and Binfield Street and adjoining land.175a, 175b, 175c and 176.
For the provision of a working site for construction purposes.Sedgley Road East and adjoining land.174, 179 and 181.
For the provision of a working site for construction purposes.Part of Birmingham Canal, Wolverhampton Level and adjoining land.181, 184 and 185.
In the Metropolitan Boroughs of Sandwell and Dudley
For the provision of a working site for construction purposes.Land at Birmingham New Road.185, 200 and 201 in Sandwell and 1 and 3 in Dudley.
Birmingham/Solihull route
In the City of Birmingham
For the provision of a working site for construction purposes.Land adjoining Cambridge Street.103.
For the provision of a working site for construction purposes.Land adjoining Masshouse Circus Queensway, Chapel Street and Jennens Road.291a.
For the provision of a working site for construction purposes.Land adjoining Coleshill Street.294.
For the provision of a working site for construction purposes.Coleshill Street, Jennens Road and adjoining land.294, 295 and 296.
For the provision of a working site for construction purposes and station access.Thimble Mill Lane and adjoining land.323 and 325.
For the provision of a working site for construction purposes and access to interchange.Lichfield Road, Thimble Mill Lane and Holborn Hill and land adjoining south-western side of Holborn Hill.326A, 327A, 328A, 329A, 330A, 331A, 332A, 333A, 410, 411 and 419A.
For the provision of accom-modation works for access to adjoining premises.Land adjoining Plume Street (north-western side).413 and 414.
For the provision of a working site for construction purposes.Land adjoining Plume Street (south-eastern side).338A.
For the provision of a working site for construction purposes.Land adjoining Plume Street (south-western side).339A.
For the provision of access to the intended Depot.Jarvis Way and adjoining land and land under the M6 motorway.379, 380, 381, 382, 383, 385, 386, 387.
In the Metropolitan Borough of Solihull (Parish of Castle Bromwich)
For the provision of a station access.Land adjoining Parkfield Drive.8.
In the Metropolitan Borough of Solihull (Parish of Smiths Wood)
For the provision of a working site for construction purposes and landscaping.Land adjoining Auckland Drive between Kingfisher Drive and Skye Close.1, 4 and 7.
For the provision of a working site for construction purposes and landscaping.Land adjoining Auckland Drive between Sanda Croft and Birmingham Road.7.

Part [Section 14(1).] IILands of which temporary possession only may be taken

AreaLands numbered on the deposited plans
(1)(2)
In the Metropolitan Borough of Walsall26, 27, 50 and 108.
In the Metropolitan Borough of Sandwell57, 58, 59, 168, 179, 181, 184, 200 and 201.
In the Metropolitan Borough of Dudley1 and 3.
In the City of Birmingham103, 291a, 294, 295 and 296.
In the Metropolitan Borough of Solihull parish of Smiths Wood1 and 7.

Section 16.

SCHEDULE 6Lands in which subsoil only may be acquired

No. on deposited plansLocation
(1)(2)
In the City of Birmingham
1 to 7 and 10Hagley Road at Five Ways.
11 and 12, 14 to 46, 48 to 88Broad Street between Five Ways and Oozells Street.
89 to 110 and 110a, 111 to 116, 118 to 125 and 125a, 126 and 127Broad Street, between Oozells Street and Paradise Street.
117, 128 to 150, 152 to 164, 166 to 191 and 191a, 192, 192a, 193, 193a, 194, 194a, 195a, 196, 196a, 196b, 197, 197a, 198, 198a, 199, 199a, 200, 200a, 201, 201a, 202, 202a, 203, 203a, 204 and 225aParadise Street to Corporation Street.
206 to 218, 218a, 219a, 220, 220a and 221 to 256Corporation Street to Old Square.
258 to 290Old Square to Jennens Road.
In the Metropolitan Borough of Solihull (Parish of Castle Bromwich)
2Newport Road to Collector Road.
In the Metropolitan Borough of Solihull (Parish of Bickenhill)
29, 30 and 32Forum Way to Station Forecourt.

Section 26.

SCHEDULE 7

Section 23 of the [1989 c. xv.] Midland Metro Act 1989 as having effect in accordance with section 26 of this Act.

23(1)The Executive may use for the discharge of any water pumped or found during the construction of the authorised works any available stream or watercourse, or any sewer or drain of the relevant authority in or through whose area or district the works may be constructed or pass, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse, sewer or drain within the limits of deviation.

(2)(a)The Executive shall not—

(i)discharge any water into any sewer or drain vested in or under the control of the relevant authority except with the consent of that authority and subject to such terms and conditions as that authority may reasonably impose; or

(ii)make any opening into any such sewer or drain except in accordance with plans approved by, and under the superintendence (if given) of the relevant authority in which the sewer or drain is then vested.

(b)Consent to a discharge, or approval of plans submitted, under this subsection shall not be unreasonably withheld.

(3)(a)Section 85 of the [1991 c. 57.] Water Resources Act 1991 shall apply to, or to the consequence of, a discharge under this section into any controlled waters within the meaning given by section 104 of that Act as if this section were excluded from the reference to any local statutory provision mentioned in section 88 (1) (f) of that Act.

(b)In the exercise of their powers under this section the Executive shall not damage or interfere with the bed of any watercourse forming part of a main river or the banks thereof within the meaning of section 72 of the [1991 c. 59.] Land Drainage Act 1991.

(4)The Executive shall take all such steps as may be reasonably required to secure that any water discharged under this section shall be as free as may be reasonably practicable from any gravel, soil or other solid substance or matter in suspension.

(5)Any difference arising between the Executive and the relevant authority under this section shall be determined by arbitration.

(6)In this section “relevant authority” means a sewerage undertaker, the National Rivers Authority or a local authority.