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SCHEDULES

Section 6 (1).

SCHEDULE 1The authorised works

Part IDescription of works specifically authorised In the City of Nottingham

In the City of Nottingham and the District of Ashfield, Nottinghamshire

In the District of Ashfield, Nottinghamshire

In the City of Nottingham and the Borough of Broxtowe, Nottinghamshire

Part II[Section 7 (1).] Description of further works and powers

The undertakers may exercise the following powers and carry out the following works in the City of Nottingham:—

(1)

set back the kerbline on the west side of Middle Hill between the points marked A1 and A2;

(2)

set forward the kerbline on the east side of Weekday Cross between the points marked A3 and A4;

(3)

alter the kerbline on—

(a)

the west side of Weekday Cross between the points marked A5 and A6; and

(b)

the east side of Weekday Cross between the points marked A7 and A8;

(4)

set back the kerblines on—

(a)

the west side of Fletcher Gate between the points marked A9 and A10;

(b)

the east side of Fletcher Gate between the points marked A11 and A12;

(c)

the north side of Victoria Street between the points marked A13 and A14;

(d)

the south side of Victoria Street between the points marked A15 and A16; and

(e)

the south side of Poultry between the points marked A17 and A18;

(5)

alter the carriageways and kerblines of so much of South Parade and Beast Market Hill and the junction of Market Street with Long Row West, Angel Row and Beast Market Hill between the points marked A19 and A20;

(6)

set back the kerbline on—

(a)

the east side of Market Street between the points marked A21 and A22; and

(b)

the east side of the junction of Market Street and Upper Parliament Street between the points marked A23 and A24;

(7)

form a kerbline on the north side of Upper Parliament Street at its junction with Wollaton Street between the points marked A25 and A26;

(8)

stop up vehicular rights in so much of Wollaton Street between the points marked A27 and A28;

(9)

alter the kerbline on the east side of Goldsmith Street between the points marked A29 and A30;

(10)

set back—

(a)

the kerbline on the west side of Goldsmith Street between the points marked A31 and A32;

(b)

the footway and kerbline on the south-west side of Goldsmith Street between the points marked A33 and A34;

(c)

the kerbline on the east side of Waverley Street between the points marked A35 and A36;

(d)

the kerbline on the west side of Waverley Street between the points marked A37 and A38;

(11)

set back the kerblines on the south-east side and the north-west side of Gedling Grove between the points marked J1 and J2 and J3 and J4 to form a turning-circle;

(12)

stop up vehicular rights of access to Gedling Grove at its junction with Waverley Street and form a new footway and kerbline across Gedling Grove between the points marked J5 and J6;

(13)

set back the footway and kerbline on the north-eastern side of Waverley Street between the points marked J7 and J8;

(14)

set back and otherwise alter the footway and kerbline on the north-eastern side of Waverley Street between the points marked J9 and J10;

(15)

set back the footway and kerbline on the north-eastern side of Mount Hooton Road between the points marked J11 and J12 and J13 and J14;

(16)

set back the footway and kerbline on the eastern side of Noel Street between the points marked J15 and J16;

(17)

set back the kerbline on—

(a)

the north-east side of Noel Street between the points marked C1 and C2; and

(b)

the southern side of the junction of Terrace Street and Noel Street between the points marked D1 and D2;

(18)

alter the kerbline on the northern side of the junction of Terrace Street and Noel Street between the points marked D3 and D4;

(19)

form a footway and kerbline on the western side of Noel Street between the points marked D5 and D6;

(20)

alter the kerbline on—

(a)

the western side of Noel Street between the points marked D7 and D8; and

(b)

the eastern side of Noel Street between the points marked D9 and D10;

(21)

set—

(a)

back the kerbline on the southern side of Shipstone Street between the points marked D11 and D12;

(b)

forward the kerbline on the northern side of Terrace Street between the points marked D13 and D14;

(c)

back the kerbline on the southern side of Terrace Street between the points marked D15 and D16 and create a footway between the points marked D15 and D17;

(22)

alter—

(a)

the kerbline on the north-east side of Radford Road between the points marked D18 and D19; and

(b)

the footway and kerbline on the north-east side of Radford Road between the points marked D20 and D21;

(23)

set back the kerbline on the south-west side of Radford Road between the points marked D22 and D23;

(24)

alter—

(a)

the kerbline on the north-east side of Radford Road between the points marked D24 and D25;

(b)

the kerbline on the north side of Wilkinson Street between the points marked E1 and E2; and

(c)

the footway and kerbline on the west side of Radford Road and the south side of Wilkinson Street between its junctions with Gauntley Street and Radford Road between the points marked E3 and E4;

(25)

set back the kerbline on the southern side of Wilkinson Street between the points marked E4 and E4A;

(26)

set back the kerbline on the south side of Wilkinson Street between the points marked E5 and E6;

(27)

form a new kerbline on the north side of Wilkinson Street between the points marked E7 and E8;

(28)

set back the existing kerbline on the north side of Wilkinson Street between the points marked E9 and E10;

(29)

stop up and discontinue so much of the footpath between Nottingham Road, Basford and Vernon Road as is between the points marked F1 and F2 substituting therefor a new footpath and footbridge (Work No. 7A) between the points marked F1, F3, F4 and F2;

(30)

stop up and discontinue so much of Nottingham Road, Basford as is between the points marked F5 and F6;

(31)

stop up and discontinue so much of the footpath between Lincoln Street, Basford and Vernon Road as is between the points marked F7 and F8 substituting therefor a new footpath and footbridge (Work No. 7B) between the points marked F9, F10, F11 and F12;

(32)

stop up and discontinue so much of the footpath between Coventry Road and Deptford Crescent, Bulwell as is between the points marked F13 and F14 substituting therefor a new footpath and footbridge (Work No. 7D) between the points marked F13, F15 and F16;

(33)

provide a new footpath and cycleway to the west of the river Leen at Cinderhill between the points marked H1, H3, H4 and H2.

The undertakers may exercise the following powers and carry out the following works in the district of Ashfield:—

(34)

stop up and discontinue so much of the Bestwood footpath (F.P.13) at Broomhill, Hucknall as is between the points marked G1 and G2 substituting therefor a new footpath and footbridge (Work No. 8B) between points G1, G3, G4 and G2.

Section 9.

SCHEDULE 2Level crossings

In the City

In the district of Ashfield, Nottinghamshire

Section 17.

SCHEDULE 3Enactments relating to existing railways

ChapterTitle or short title
9 & 10 Vict. c. clxiii.Midland Railways, Nottingham and Mansfield, Act 1846.
11 & 12 Vict. c. lxxxviii.Midland Railway, Ripley Branches, Act 1848.
56 & 57 Vict. c. i.Manchester, Sheffield and Lincolnshire Railway (Extension to London &c.) Act 1893.
10 & 11 Geo. 6 c. xxxv.London Midland and Scottish Railway Act 1947.

Section 26.

SCHEDULE 4Additional lands which may be acquired or used

PurposeLocationLands numbered on the deposited plans
(1)(2)(3)
In the City of Nottingham
For the provision of a working site and for access for construction purposesMaltmill Lane15, 16, 17, 18, 19, 21 and 22.
For the provision of a turning-circleGedling Grove181.
For the provision of a working site and for access for construction purposes and thereafter for the provision of an interchange car park and associated facilitiesForest Recreation Ground192.
For the provision of a working site and for access for construction purposesDavid Lane107.
For the provision of a working site and for access for construction purposesMill Street112, 113 and 114.
For the provision of a working site and for access for construction purposesCarey Road162.
For the provision of a working site and for access for construction purposes and thereafter for the provision of an interchange car park and associated facilitiesHucknall Lane171 and 172.
In the District of Ashfield, Nottinghamshire
For the provision of a working site and for access for construction purposesStation Terrace, Hucknall19.

Section 28.

SCHEDULE 5Adaptation of Part I of the Compulsory Purchase Act 1965

1For section 7 of the [1965 c. 56.] Act of 1965 (measure of compensation) there shall be substituted the following:—

7In assessing the compensation to be paid by the acquiring authority under this Act regard shall 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 his, or injurious affection of that other land by the exercise of the powers conferred by this or the special Act..

2For section 8 (1) of the Act of 1965 (protection for vendor against severance of house, garden, etc.) there shall be substituted the following:—

(1)No person shall be required to grant any right over part only—

(a)of any house, building or factory; or

(b)of a park or garden belonging to a house;if he is willing to sell the whole of the house, building, factory, park or garden, unless the Lands Tribunal determine that—

(i)in the case of a house, building or factory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or factory; or

(ii)in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house;

and, if the Lands Tribunal so determine, the tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over that part of the house, building, factory, park or garden.

(1A)In considering the extent of any material detriment to a house, building or factory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase..

3The following provisions of the Act of 1965 (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land):—

shall be so 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.

4Section 11 of the Act of 1965 (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.

Section 76.

SCHEDULE 6Provisions to be included in terms for the use of forest car park

1A prohibition on the use of the car park for goods vehicles (as defined in section 192 (1) of the [1988 c. 52.] Road Traffic Act 1988) other than those used—

(a)for the purposes of the authorised works; or

(b)by any statutory undertakers or by any local or highway authority; or

(c)by the emergency services; or

(d)in connection with the use of the Forest Recreation Ground for any purpose which would have been lawful if this Act had not been passed.

2Provisions for the City Council to require the temporary closure of the car park to permit the use of the relevant land for any purpose which would have been lawful if this Act had not been passed.

3Requirements that the undertakers maintain and keep clean the car park to the reasonable satisfaction of the City Council.