Chwilio Deddfwriaeth

The Blackpool Tramway (Blackpool North Extension) Order 2017

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SCHEDULES

Articles 2 and 6

SCHEDULE 1SCHEDULED WORKS

(1)

Number of Work

(2)

Description of Work

Work No.1A tramway 422 metres in length (double line), commencing on the existing Blackpool Tramway at the existing turnouts to the south of North Pier, before turning east to cross the Promenade (A584) and continuing in an easterly direction through a remodelled Talbot Square. The Work continues in a north-easterly direction running within the carriageway of Talbot Road terminating at the rear of the north-eastern footway flanking the Talbot Road/Dickson Road/Topping Street junction.
Work No.2A tramway 88 metres in length (double line), commencing at the existing turnouts to the north of North Pier, before turning east to cross the Promenade (A584) and continuing in an easterly direction through a remodelled Talbot Square. The Work terminates at its intersection with Work No.1.
Work No.3A tramroad 110 metres in length (double line), commencing at the termination of Work No.1 running north and then north-east through a development site bounded by Queen Street, High Street, Talbot Road and Dickson Road terminating at the proposed tram stop to the southwest of High Street.

Article 9

SCHEDULE 2STREETS SUBJECT TO ALTERATION OF LAYOUT

Key to Schedule 2

RS — Realignment of street

WS — Widening of street by setting back of kerb line

NS — Narrowing of street by setting forward of kerb line

PB — Creation of loading, parking or taxi bay

(1)

Street subject to alteration of layout

(2)

Description of alteration

PromenadeRealign the street between RS01 and RS02 to accommodate the tramway and revised junction with Talbot Square.
Talbot SquareRealign the street between RS03 and RS04 to accommodate the tramway, a new tram stop (Talbot Square) and revised junctions with The Strand, Talbot Road, Market Street, Corporation Street and Clifton Street.
Market StreetRealign the street between RS05 and RS06 to accommodate the revised junction with Talbot Square.
Corporation StreetRealign the street between RS07 and RS08 to accommodate the revised junction with Talbot Square and Clifton Street.
Clifton StreetRealign the street between RS09 and RS10 to accommodate the revised junction with Talbot Square and Corporation Street.
The StrandRealign the street between RS11 and RS12 to accommodate the revised junction with Talbot Square.
Talbot RoadRealign the street between RS13 and RS14 to accommodate the tramway, a new tram stop (Talbot Square) and revised junction with Talbot Square.
Talbot RoadNarrow the street between NS01 and NS02 to accommodate the tramway, parking and loading bays and the revised junctions with Abingdon Street, Dickson Road and Topping Street.
Talbot RoadCreate a loading, parking or taxi bay between PB01 and PB02.
Talbot RoadCreate a loading or parking bay between PB03 and PB04.
Abingdon StreetRealign the street between RS15 and RS16 to accommodate the revised junction with Talbot Road.
Dickson RoadRealign the street between RS17 and RS18 to accommodate the revised junction with Talbot Road.
Topping StreetRealign the street between RS19 and RS20 to accommodate the revised junctions with Talbot Road and Deansgate.
Cookson StreetRealign the street between RS21 and RS22 to accommodate the revised junction with Deansgate.
DeansgateWiden the street between WS01 and WS02 to accommodate the revised junction with Cookson Street.
DeansgateNarrow the street between NS03 and NS04 to accommodate the revised junctions with East Topping Street and Topping Street.

Article 12

SCHEDULE 3STREETS TO BE TEMPORARILY STOPPED UP

(1)

Street affected

(2)

Extent of stopping up

PromenadeAt its junction with Talbot Square.
Talbot SquareBetween its junction with Promenade and its junction with Talbot Road/Corporation Street.
Market StreetAt its junction with Talbot Square.
Corporation StreetBetween its junction with Cheapside and its junction with Talbot Square/Talbot Road.
Clifton StreetAt its junction with Corporation Street.
The StrandAt its junction with Talbot Square.
Talbot RoadBetween its junction with Talbot Square/Corporation Street and its junction with Cookson Street.
Abingdon StreetAt its junction with Talbot Road.
Dickson RoadAt its junction with Talbot Road.
Topping StreetBetween its junctions with Deansgate and Talbot Road.
Cookson StreetBetween its junctions with George Street and Talbot Road.
High StreetBetween its junctions with Talbot Road and Springfield Road.

Article 29

SCHEDULE 4MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

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

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

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

(5A) If—

(a)the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 4 to the Blackpool Tramway (Blackpool North Extension) Order 2017);

(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 4 to the Blackpool Tramway (Blackpool North Extension) Order 2017) to acquire an interest in the land; and

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

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

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

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

(a)for the words “land is acquired or taken” substitute “a right over land is purchased”; and

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

Application of Part 1 of the 1965 Act

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 27 (application of Part 1 of the 1965 Act) to the acquisition of land under article 26 (power to acquire land), applies to the compulsory acquisition of rights under article 29(1) (power to acquire new rights)—

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

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

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

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

(a)the right acquired or to be acquired, or

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

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

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

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

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

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

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

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

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

(5) Section 11(2)(powers of entry) of the 1965 Act is modified as to secure that, where the acquiring authority have served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 26 (power to acquire land)), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A(3) (powers of entry: further notices of entry), 11B(4) (counter-notice requiring possession to be taken on specified date), 12(5) (penalty for unauthorised entry) and 13(6) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

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

(7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 27(6)) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

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

SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT

Introduction

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

(2) But see article 30(3) (power to acquire subsoil only) of the Blackpool Tramway (Blackpool North Extension) Order 2017, which excludes the acquisition of subsoil only from this Schedule.

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

Counter-notice requiring purchase of land

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

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

Response to counter-notice

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

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

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

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

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

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

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

Determination by Upper Tribunal

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

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

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

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

(a)the effect of the acquisition of the right,

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

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

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

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

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

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

15.  Any dispute as to the compensation is to be determined by the Upper Tribunal.

Article 32

SCHEDULE 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)

Location

(2)

Number of land shown on the deposited plans

(3)

Purpose for which temporary possession may be taken

(4)

Schedule work

The Promenade (A584)6 & 7Highways worksWork No.2
Market Street18 & 19Highways worksWork Nos. 1 & 2
The Strand21, 22, 23 & 24Highways worksWork No.1
Corporation Street29 & 30Highways worksWork No.1
Clifton Street34, 35 & 37Highways worksWork No.1
Talbot Road46Highways worksWork No.1
Abingdon Street (north of Talbot Road)49 & 51Highways worksWork No.1
Abingdon Street (south of Talbot Road)53, 54, 55 & 56Highways worksWork No.1
Talbot Road68Highways worksWork No.1
Dickson Road71 & 73Highways worksWork No.1
Talbot Road77, 78 & 79Highways worksWork No.1
Topping Street82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93 & 94Highways worksWork No.1
Deansgate82, 96, 97, 98 & 99Highways worksWork No.1
Cookson Street101Highways worksWork No.1
Deansgate/Cookson Street/Talbot Road (Bickerstaffe Square)100Highways worksWork No.1

Article 41

SCHEDULE 6TRAFFIC REGULATION

Interpretation

In column (1) of each of the tables below, the number refers to the relevant traffic regulation reference number shown on the traffic regulation plan. In the event of there being any discrepancy between a provision in this Schedule and the illustration of that provision shown on the traffic regulation plan, this Schedule is to prevail.

PART 1STOPPING, WAITING, LOADING OR UNLOADING

Table 1

No waiting at any time

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAS-1.1Talbot SquareNorthern side from the road centre line of Promenade in an easterly direction to its junction with Talbot Road.To maintain vehicular flow.
TAS-1.2Talbot SquareSouthern side from the road centre line of Promenade in an easterly direction to the road centre line of Market Street.To maintain vehicular flow.
TAS-1.3Talbot SquareSouthern side from the road centre line of Market Street in an easterly direction to the road centre line of Corporation Street.To maintain vehicular flow.
CLI-1.1Clifton StreetNorthern side from a point 6 metres west of eastern building line of No.1 Clifton Street in a westerly direction to its junction with Talbot Square/Talbot Road.To maintain vehicular flow.
TAL-1.1Talbot RoadNorth-western side from its junction with Talbot Square in a north-easterly direction to the road centre line of Dickson Road.To maintain vehicular flow.
TAL-1.2Talbot RoadSouth-eastern side from a point 98.8 metres south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction to the road centre line of Talbot Square.Aligns the existing restriction with the proposed changes to the highway layout.
TAL-1.3Talbot RoadSouth-eastern side from the property boundary of Nos. 36–38 and 42–44 Talbot Road in a north-easterly direction to a point 4 metres north-east of the north-eastern building line to No.48 Talbot Road.Aligns the existing restriction with the proposed changes to the highway layout.
TAL-1.4Talbot RoadSouth-eastern side from a point 45.2 metres north-east of the north-eastern building line to No.48 Talbot Road in a north-easterly direction to the road centre line of Topping Street.To maintain vehicular flow.
ABI-1.1Abingdon StreetSouth-western side from a point 12 metres north-west of the south-eastern building line of No.55 Abingdon Street in a north-westerly direction to a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road.Aligns the existing restriction with the proposed changes to the highway layout.
ABI-1.2Abingdon StreetNorth-eastern side from a point 44.6 metres north-west of the southern building line of No.40 Abingdon Street in a north-westerly direction to a point 29 metres north-west of the south-eastern building line to No.25 Talbot Road.Aligns the existing restriction with the proposed changes to the highway layout.
MAR-1.1Market StreetWestern side from a point 8 metres south of the northern building line to the Clifton Hotel in a northerly direction to the road centre line of Talbot Square.Aligns the existing restriction with the proposed changes to the highway layout.
COR-1.1Corporation StreetWestern side from a point 30 metres north of the southern building line to the Municipal Building in a northerly direction to the road centre line of Talbot Square.Aligns the existing restriction with the proposed changes to the highway layout.
COR-1.2Corporation StreetEastern side from a point 4 metres north of the southern building line to No.20 Corporation Street in a northerly direction to the road centre line of Clifton Street.Aligns the existing restriction with the proposed changes to the highway layout.

Table 2

No loading at any time

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAS-3.1Talbot SquareNorthern side from the road centre line of Promenade in an easterly direction to its junction with Talbot Road.To maintain vehicular flow.
TAS-3.2Talbot SquareSouthern side from the road centre line of Promenade in an easterly direction to the road centre line of Market Street.To maintain vehicular flow.
TAS-3.3Talbot SquareSouthern side from the road centre line of Market Street in an easterly direction to the road centre line of Corporation Street.To maintain vehicular flow.
CLI-3.1Clifton StreetNorthern side from a point 6 metres west of eastern building line of No.1 Clifton Street in a westerly direction to its junction with Talbot Square/Talbot Road.To maintain vehicular flow.
TAL-3.1Talbot RoadNorth-western side from its junction with Talbot Square in a north-easterly direction to the road centre line of Dickson Road.To maintain vehicular flow.
TAL-3.2Talbot RoadSouth-eastern side from a point 98.8 metres south-west of the property boundary of Nos. 36 –38 and 42–44 Talbot Road in a south-westerly direction to the road centre line of Talbot Square.To maintain vehicular flow.
TAL-3.3Talbot RoadSouth-eastern side from the property boundary of Nos. 36–38 and 42–44 Talbot Road in a north-easterly direction to a point 4 metres north-east of the north-eastern building line to No.48 Talbot Road.To maintain vehicular flow.
TAL-3.4Talbot RoadSouth-eastern side from a point 45.2 metres north-east of the north-eastern building line to No.48 Talbot Road in a north-easterly direction to the road centre line of Topping Street.To maintain vehicular flow.
ABI-3.1Abingdon StreetSouth-western side from a point 12 metres north-west of the south-eastern building line of No.55 Abingdon Street in a north-westerly direction to a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road.Aligns the existing restriction with the proposed changes to the highway layout.
ABI-3.2Abingdon StreetNorth-eastern side from a point 44.6 metres north-west of the southern building line of No.40 Abingdon Street in a north-westerly direction to a point 9 metres north-west of the south-eastern building line to No.25 Talbot Road.Aligns the existing restriction with the proposed changes to the highway layout.
MAR-3.1Market StreetWestern side from a point 8 metres south of the northern building line to the Clifton Hotel in a northerly direction to the road centre line of Talbot Square.Aligns the existing restriction with the proposed changes to the highway layout.
COR-3.1Corporation StreetWestern side from a point 30 metres north of the southern building line to the Municipal Building in a northerly direction to the road centre line of Talbot Square.Aligns the existing restriction with the proposed changes to the highway layout.
COR-3.2Corporation StreetEastern side from a point 4 metres north of the southern building line to No.20 Corporation Street in a northerly direction to the road centre line of Clifton Street.Aligns the existing restriction with the proposed changes to the highway layout.

Table 3

Loading restricted to specified times

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

ABI-4.1Abingdon StreetNorth-eastern side from a point 9 metres north-west of the south-eastern building line to No.25 Talbot Road in a north-westerly direction for a distance of 20 metres. Loading and unloading permitted 8am to 6pm restricted to 15 minutes only with no return within 30 minutes.Aligns the existing loading bay provision with the proposed changes to the highway layout.
ABI-4.2Abingdon StreetSouth-western side from a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road in a north-westerly direction for a distance of 20 metres. Loading and unloading permitted 7am to 10am restricted to 15 minutes only with no return within 30 minutes.Aligns the existing loading bay provision with the proposed changes to the highway layout.
MAR-4.1Market StreetWestern side from a point 8 metres south of the northern building line to the Clifton Hotel in a southerly direction for 44.2 metres. Loading and unloading permitted 8am to 6pm restricted to 15 minutes only with no return within 30 minutes.Aligns the loading bay with the proposed changes to the highway layout retaining the existing level of provision.

Table 4

Taxi clearway

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAL-27.1Talbot RoadSouth-eastern side from a point 40.8 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 33 metres. Operational 6pm to midnight and midnight to 8am.Aligns the existing night time taxi bay provision with the proposed changes to the highway layout.
TAL-27.2Talbot RoadSouth-eastern side from a point 73.8 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 25 metres. At any time.Re-provides taxi bay displaced on northern side of Talbot Road by the tramway.
MAR-27.1Market StreetWestern side from a point 8 metres south of the northern building line to the Clifton Hotel in a southerly direction for 44.2 metres. Operational 6pm to midnight and midnight to 8am.Aligns the taxi bay provision with the proposed changes to the highway layout retaining the existing level of provision.

PART 2PARKING PLACES

Table 5

Pay & Display parking

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

ABI-6.1Abingdon StreetNorth-eastern side from a point 35.6 metres north-west of the south-eastern building line to No.25 Talbot Road in a north-westerly direction for a distance of 19.4 metres. Pay and display parking bay operational 8am to 6pm. Waiting limited to 20, 30, 40, 50, 60 or 90 minutes and in all cases no return within 3 hours.Aligns and extends the existing pay and display parking bay provision with the proposed changes to the highway layout.
ABI-6.2Abingdon StreetSouth-western side from a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road in a north-westerly direction for a distance of 20 metres. Pay and display parking bay operational 10am to 6pm. Waiting limited to 20, 30, 40, 50, 60 or 90 minutes and in all cases no return within 3 hours.Aligns the existing pay and display parking bay provision with the proposed changes to the highway layout.
ABI-6.3Abingdon StreetSouth-western side from a point 28 metres north-west of the south-eastern building line to No.23 Talbot Road in a north-westerly direction for a distance of 18 metres. Pay and display parking bay operational 8am to 6pm. Waiting limited to 20, 30, 40, 50, 60 or 90 minutes and in all cases no return within 3 hours.Aligns and extends the existing pay and display parking bay provision with the proposed changes to the highway layout.

Table 6

Disabled persons parking place

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAL-7.1Talbot RoadSouth-eastern side from a point 21 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 19.8 metres. At any time restricted to 3 hours only with no return within 6 hours.Aligns the existing disabled parking provision with the proposed changes to the highway layout.
TAL-7.2Talbot RoadSouth-eastern side from a point 40.8 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 33 metres. Operational between 8am to 6pm restricted to 3 hours only with no return within 6 hours.Aligns disabled parking provision with the proposed changes to the highway layout.
TAL-7.3Talbot RoadSouth-eastern side from a point 31.5 metres north-east of the building line to No.48 Talbot Road in a north-easterly direction for a distance of 13.2 metres. At any time restricted to 3 hours only with no return within 6 hours.Aligns disabled parking provision with the proposed changes to the highway layout.
MAR-7.1Market StreetWestern side from a point 52.2 metres south of the northern building line to the Clifton Hotel in a southerly direction for 19.8 metres. Operational between 8am to 6pm restricted to 3 hours only with no return within 6 hours.Aligns the existing disabled parking provision with the proposed changes to the highway layout. Two bays to be re-provided at the end of Corporation Street.
ABI-7.1Abingdon StreetNorth-eastern side from a point 38 metres north-west of the southern building line of No.40 Abingdon Street in a north-westerly direction for a distance of 6.6 metres. At any time restricted to 3 hours only with no return within 6 hours.Aligns the disabled parking provision with the proposed changes to the highway layout.
ABI-7.2Abingdon StreetNorth-eastern side from a point 29 metres north-west of the south-eastern building line to No.25 Talbot Road in a north-westerly direction for a distance of 6.6 metres. At any time restricted to 3 hours only with no return within 6 hours.Aligns the disabled parking provision with the proposed changes to the highway layout.
COR-7.1Corporation StreetPart of the footway on the eastern side bounded on its western side by the eastern kerb line and having a width of 2 metres throughout from the northern building line of Nos. 36 to 40 Corporation Street in a southerly direction for a distance of 13.2 metres. At any time restricted to 3 hours only with no return within 6 hours.Provides replacement spaces for those displaced from Market Street as a result of proposed changes to the highway layout.

Table 7

Goods vehicle loading bay

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAL-11.1Talbot RoadPart of the footway on the north-western side bounded on its southern side by the northern kerb line and having a width of 2 metres throughout from a point 6 metres south-west of the north-eastern building line to the Sacred Heart Church in a south-westerly direction for a distance of 38 metres. Restricted to use by vehicles accessing services at the Sacred Heart Church.To provide appropriate servicing provision for the Sacred Heart Church.
TAL-11.2Talbot RoadPart of the footway on the north-western side bounded on its southern side by the northern kerb line and having a variable width throughout (maximum 3 metres) from a point 14 metres south-west of the property boundary of Nos. 67 and 69–71 Talbot Road in a north-easterly direction for a distance of 31 metres. Loading and unloading permitted 6:15pm to midnight and midnight to 10:30am restricted to 30 minutes only with no return within 1 hour.To provide appropriate servicing provision, predominately for the Imperial Public House.
TAL-11.3Talbot RoadSouth-eastern side from the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 21 metres. Loading and unloading at any time restricted to 15 minutes only with no return within 30 minutes.Aligns the existing loading bay provision with the proposed changes to the highway layout.
TAL-11.4Talbot RoadSouth-eastern side from a point 4 metres north-east of the north-eastern building line to No.48 Talbot Road in a north-easterly direction for a distance 28 metres. Loading and unloading permitted at any time restricted to 15 minutes only with no return within 30 minutes.Aligns the existing restriction with the proposed changes to the highway layout.

PART 3DIRECTION OF TRAFFIC

Table 8

One way

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

MAR-16.1Market StreetOne-way traffic in a southbound direction from its junction with Talbot Square to its junction with Church Street.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
COR-16.1Corporation StreetOne-way traffic in a north-westbound direction from its junction with Church Street to its junction with Talbot Square.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
CLI-16.1Clifton StreetOne-way traffic in an eastbound direction from its junction with Talbot Square/Corporation Street to its junction with Abingdon Street.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
ABI-16.1Abingdon StreetOne-way traffic in a north-westbound direction from its junction with Clifton Street to its junction with Queen Street.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
DEA-16.1DeansgateOne-way traffic in a south-westbound direction from its junction with East Topping Street to its junction with Topping Street.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
TOP-16.1Topping StreetOne-way traffic in a north-westbound direction from its junction with Deansgate to its junction with Talbot Road.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.

Table 9

Prescribed movement

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAS-20.06.01Talbot SquareAhead only in an eastbound direction at its junction with Talbot Road/Corporation Street/Clifton Street.To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.

PART 4VEHICULAR ACCESS

Table 10

Prohibition of driving

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAS-17.1Talbot SquareProhibition of driving 24 hours except tramcars, pedal cycles, emergency vehicles and with the consent of Blackpool Borough Council on the paved area of Talbot Square bounded on the western side by the eastern kerb line of Promenade, on the northern and eastern sides by the southern and eastern building line of No.10 Talbot Square (the Counting House Public House) respectively and on the southern side by the northern kerb line of Talbot Square.To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
TAS-17.2Talbot SquareProhibition of driving 24 hours except tramcars, pedal cycles, emergency vehicles and with the consent of Blackpool Borough Council on the paved area of Talbot Square bounded on the western and northern sides by the western and southern building line of Nos. 1 to 5 Talbot Square respectively, on the eastern side by the south-western building line of Nos. 7 and 9 Talbot Square and on the southern side by the northern kerb line of the Talbot Square.To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
TAL-17.1Talbot RoadProhibition of driving 24 hours except tramcars, pedal cycles and emergency vehicles on the north-eastern side of the carriageway from its junction with Talbot Square in a north-easterly direction to the south-western side of the private means of access to the Sacred Heart Church.To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
TAL-17.2Talbot RoadProhibition of driving 24 hours except tramcars, pedal cycles, emergency vehicles and for access to the on footway loading bay to the Sacred Heart Church when approached from the north-east direction the north-eastern side of the carriageway from the north-eastern side of the private means of access to the Sacred Heart Church to its junction with Abingdon Street.To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.

Table 11

Prohibition of movement

(1)

No.

(2)

Road

(3)

Extent

(4)

Notes

TAS-20.02.1Talbot SquareNo entry except tramcars, pedal cycles, emergency vehicles and, with the consent of Blackpool Borough Council, any other vehicle in an easterly direction onto the paved area of Talbot Square (to the east of Promenade) bounded on the western side by the eastern kerb line of Promenade, on the northern, and eastern sides by the southern and eastern building line of No.10 Talbot Square (the Counting House Public House) respectively and on the southern side by the northern kerb line of Talbot Square.To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAS-20.02.2Talbot SquareNo entry in a northerly direction onto the Strand from Talbot Square.To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAS-20.02.3Talbot SquareNo left turn from Talbot Square onto Talbot Road.To prevent hazardous traffic movements.
TAS-20.02.4Talbot SquareNo right turn from Talbot Square onto Corporation Street.To prevent hazardous traffic movements.
TAL-20.02.1Talbot RoadNo entry except tramcars, pedal cycles, emergency vehicles and, with the consent of Blackpool Borough Council, any other vehicle in a south-westerly direction onto the paved area of Talbot Square bounded on the western and northern sides by the western and southern building line of Nos. 1 to 5 Talbot Square respectively, on the eastern side by the south-western building line of Nos. 7 and 9 Talbot Square and on the southern side by the northern kerb line of the Talbot Square carriageway.To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAL-20.02.2Talbot RoadNo left turn from the private means of access to the Sacred Heart Church onto Talbot Road.To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAL-20.02.3Talbot RoadNo right turn from Talbot Road onto Topping Street.To prevent hazardous traffic movements.
TAL-20.02.4Talbot RoadNo entry except tramcars in a north-easterly direction onto the tramway (Work No.1) to the north-east of Talbot Road at its junction with Dickson Road and Topping Street.To prevent hazardous traffic movements and vehicles encroaching on the tram route.
ABI-20.02.1Abingdon StreetNo right turn from Abingdon Street onto Talbot Road except buses, taxis, pedal cycles and access for servicing.To maintain vehicular flow.
COO-20.02.1Cookson StreetNo left turn from Cookson Street onto Talbot Road except for buses, taxis and pedal cycles.To maintain vehicular flow.
DEA-20.02.1DeansgateNo right turn from Deansgate onto Cookson Street.To maintain vehicular flow.
DEA-20.02.2DeansgateNo left turn from the service access to Nos. 2 to 10 Topping Street onto Deansgate.To maintain vehicular flow.

Article 60

SCHEDULE 7PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1.  Subject to the following provisions of this Schedule, sections 271 to 274(8) (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) of the 1990 Act apply in relation to any land acquired under this Order, or which is held by the promoter and is appropriated or used (or about to be used) by it for the purposes of the Order, and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282(9), which provide for the payment of compensation) have effect accordingly.

2.  In the provisions of the 1990 Act, as applied by paragraph 1, references to the appropriate Minister are references to the Secretary of State.

3.  Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 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 is entitled to recover from the promoter compensation in respect of expenditure reasonably incurred by the 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.

4.  Paragraph 3 does 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;

is entitled to recover from the promoter compensation in respect of expenditure reasonably incurred by the owner or occupier, in consequence of the removal, for the purpose of making the owner or occupier’s drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

5.  In this Schedule—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003(10); and

“public utility undertakers” has the same meaning as in the 1980 Act(11).

(2)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

(3)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

(4)

Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016 (c. 22).

(5)

Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

(6)

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

(7)

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

(8)

Sections 272 to 274 were amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

(9)

Section 279(3) was amended by paragraph 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

(11)

1980 c. 66. “Public utility undertakers” was amended by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15) and section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29).

Yn ôl i’r brig

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