The Network Rail (Hitchin (Cambridge Junction)) Order 2011

SCHEDULES

Articles 2(1) and 5

SCHEDULE 1 SCHEDULED WORKS

(1) Number of Work	(2) Description of Work
In the District of North Hertfordshire
Work No. 1	A railway (2265 metres in length) commencing by a junction with the northbound track of the Hitchin to Peterborough section of the East Coast Main Line at a point 150 metres south of the bridge carrying the River Hiz beneath that section of the East Coast Main Line, running northwards along the western side of the said section of the East Coast Main Line on embankment then viaduct, turning eastwards to cross over the said section of the East Coast Main Line at a point 355 metres south of the bridge carrying Icknield Way over that section, continuing on viaduct then embankment in an easterly direction before terminating by a junction with the Hitchin to Cambridge Railway at a point 10 metres west of the bridge carrying said Hitchin to Cambridge Railway over Stotfold Road. Work No. 1 includes construction of the viaduct and the railway embankments (incorporating an underbridge at a point 390 metres west of Stotfold Road).
Work No. 2	A low pressure gas main (270 metres in length), being a diversion of an existing low pressure gas main, to the west of Work No. 1 commencing at point A1 and terminating at point A2 on the works and land plans.
Work No. 3	A sewer (290 metres in length), being a diversion of an existing sewer, to the west of Work No. 1 commencing at point B1 and terminating at point B2 on the works and land plans.
Work No. 4	A drainage outfall (155 metres in length) commencing at a point 290 metres north of the commencement of Work No. 1 and terminating on the northern bank of the River Hiz at a point 160 metres west of the East Coast Main Line. Work No. 4 includes the construction of a headwall on the northern bank of the River Hiz and a detention basin 80 metres in length and 30 metres in width at its widest point.
Work No. 5	A widening of the existing private access road running through the National Grid Operational Centre on its western side commencing at the junction of that road with Cadwell Lane and terminating at a point 400 metres north of its commencement.
Work No. 6	An access road commencing at a point 45 metres north west of the termination of Work No. 5 and terminating at a point 120 metres north of its commencement.
Work No. 7	An (11kv) electricity cable (65 metres in length), being a diversion of an existing (11kv) electricity cable, commencing at point C1 and terminating at point C2 on the works and land plans.
Work No. 8	A (11kv) electricity cable (50 metres in length), being a relocation of an existing overhead (11kv) electricity cable to a subterranean level along its existing horizontal alignment commencing at point D1 and terminating at point D2 on the works and land plans.
Work No. 9	A farm access commencing at a point 20 metres north of the northern end of Wilbury Way and terminating at a point 15 metres north west of its commencement.
Work No. 10	A (33kv) electricity cable (260 metres in length), being a diversion of an existing overhead (33kv) electricity cable to a subterranean level within the underbridge forming part of Work No. 1 commencing at point E1 and terminating at point E2 on the works and land plans.
Work No. 11	An access road (185 metres in length) commencing by a junction with Stotfold Road at a point 160 metres north of the bridge carrying the Hitchin to Cambridge Railway over the said Stotfold Road running firstly in a westerly direction and then generally in a southerly direction and terminating at a point 160 metres south of its commencement. Work No. 11 includes associated parking facilities.
Work No. 12	An electronic communications cable (300 metres in length), being a diversion of an existing cable, in the western verge of Stotfold Road commencing at point F1 and terminating at point F2 on the works and land plans.

Article 7

SCHEDULE 2 STREET SUBJECT TO ALTERATION OF LAYOUT

(1) Street subject to alteration of layout	(2) Description of alteration
In the District of North Hertfordshire
Stotfold Road	Widening of street between points F1 and F2 on the works and land plans to accommodate new junction with a new private access road (Work No. 11) on the western side of the carriageway and creation of a right turn lane for southbound traffic wishing to enter the access road.

Article 8

SCHEDULE 3 STREETS SUBJECT TO STREET WORKS

(1) Location	(2) Street subject to street works
In the District of North Hertfordshire
	Cadwell Lane
	Wilbury Way
	Stotfold Road

Articles 9, 10 and 12

SCHEDULE 4 STREETS TO BE STOPPED UP AND PROVISION OF SUBSTITUTES

(1) Street to be stopped up	(2) Extent of stopping up	(3) New street to be substituted
In the District of North Hertfordshire
Footpath FP 026	Footpath stopped up between points G3 and G5	New footpath between points G3 and G5 via G4
Footpath FP 089	Footpath stopped up between points H1 and H6	New footpath between points H3, H4, H5, H6 and H2

Article 10

SCHEDULE 5 STREETS TO BE TEMPORARILY STOPPED UP

(1) Street to be temporarily stopped up	(2) Extent of temporary stopping up
In the District of North Hertfordshire
Cadwell Lane	Northwards of a point 20 metres south of the bridge carrying the Hitchin to Peterborough Section of the East Coast Main Line over Cadwell Lane.
Stotfold Road	In part between the bridge carrying the Hitchin to Cambridge Railway over Stotfold Road and a point 330 metres north of that bridge.
Footpath FP 026	Between points G1 and G3
	Between points G5 and G2
Footpath FP 089	Between points H6 and H2

Article 11

SCHEDULE 6 ACCESS TO WORKS

(1) Location	(2) Description of access
In the District of North Hertfordshire
	Cadwell Lane
	Wilbury Way
	Stotfold Road

Article 17

SCHEDULE 7 ACQUISITION OF CERTAIN LANDS

(1) Location	(2) Number of land shown on works and land plans	(3) Purpose for which land may be acquired
In the District of North Hertfordshire
Cadwell Lane (scrap metal works)	3	Construction works and permanent right of access
Cadwell Lane	11	Construction works and permanent right of access
Cadwell Lane (scrap metal works)	21	Construction works and provision of exchange land
East Coast Main Line and land west of the railway	28, 29, 30, 31, 34, 35 and 37	Construction works and permanent right of access
Land east of East Coast Main Line	41 and 43	Construction works and permanent right of access
Sewage treatment works north west of Hitchin Business Centre	47 and 49	Construction works and permanent right of access
Agricultural land north of Wilbury Way	50 and 52	Construction works and permanent right of access
Wilbury Way	57	Permanent farm access
Agricultural land north east of Hitchin Business Centre	60 and 62	Construction works and permanent right of access
Agricultural land west of Hitchin to Cambridge line	63	Construction works and permanent right of access
Hitchin to Cambridge Line	64	Construction works
Agricultural land west of Hitchin to Cambridge Line	66	Construction works and permanent right of access
Agricultural land west of Stotfold Road	67A	Road widening, new access and construction works

Articles 20 and 21

SCHEDULE 8 MODIFICATION 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 shall 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 and in the case of the imposition of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limiting the scope of paragraph 1, the Land Compensation Act 1973(1) shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken” there shall be substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

(3) In section 58(1) (determination of material detriment where part of house, etc., proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

(a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right or restrictive covenant over land consisting”;

(b) for the word “severance” there shall be substituted the words “right or restrictive covenant over the whole of the house, building or manufactory or of the house and the park or garden”;

(c) for the words “part proposed” there shall be substituted the words “right or restrictive covenant proposed”; and

(d) for the words “part is” there shall be substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are 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 the restrictive covenant imposed or to be imposed; or

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

(2) Without limiting the scope of sub-paragraph (1), Part 1 of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

“7.   In 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 or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant 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.”.

5.  For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following:—

“8.— (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right or a restrictive covenant over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question the person satisfies the tribunal that the person has an interest in the whole of the relevant land and is able and willing to sell that interest and—

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

(ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,

the Network Rail (Hitchin (Cambridge Junction)) Order 2011(2) (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right or the imposition of a restrictive covenant and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.

6.  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),

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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (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 warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) shall apply 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 or the enforcement of the restrictive covenant in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified 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 or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

Article 21

SCHEDULE 9 LAND IN WHICH NEW RIGHTS, ETC., ONLY MAY BE ACQUIRED

(1) Location	(2) Number of land shown on works and land plans or land shown on the open space plan
In the District of North Hertfordshire
Cadwell Lane (scrap metal works)	3
East Coast Main Line and land west of the railway	29, 30, 31 and 34
Private road within National Grid Operational Centre	40
Land east of East Coast Main Line	41 and 43
Sewage treatment works north west of Hitchin Business Centre	47 and 49
Agricultural land north of Wilbury Way	50 and 52
Wilbury Way	57
Agricultural land north east of Hitchin Business Centre	60 and 62
Agricultural land west of Hitchin to Cambridge line	63
Land to the west of the East Coast Main Line	Land shown coloured green on the open space plan
Land to the west of the East Coast Main Line	Land shown coloured yellow on the open space plan

Article 24

SCHEDULE 10 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on works and land plans or land shown on the open space plan	(3) Purpose for which temporary possession may be taken	(4) Authorised work
In the District of North Hertfordshire
Private road within scrap metal works	7 and 8	Construction worksite and access	Works Nos. 1, 2, 3 and 4
Cadwell Lane	12, 13 and 14	Construction worksite and access	Work Nos. 1, 2, 3 and 4
River Hiz	15 and 17	Construction worksite and access	Work No. 4
Cadwell Marsh	17A	Construction worksite and access	Work No. 4
Cadwell Marsh	23 and 25	Construction worksite and access	Works Nos. 1, 2, 3 and 4
Agricultural land to the north of Cadwell Marsh	26A	Construction worksite and access	Works Nos. 1, 2 and 3
Scrubland to the west of the East Coast Main Line	31A	Construction worksite and access	Work No. 1
Sewage treatment works north west of Hitchin Business Centre	44	Construction worksite and access	Work No. 8
Sewage treatment works north west of Hitchin Business Centre	47A	Construction worksite and access	Work No. 1
Agricultural land to the north of Wilbury Way	50A	Construction access	Work No. 9
Wilbury Way	55 and 56	Construction worksite and access	Work No. 9
Agricultural land north west of the Hitchin to Cambridge railway	63A	Construction worksite and access	Work No. 10
Agricultural land to the west of Stotfold Road	66A	Construction worksite and access	Works Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
Stotfold Road	68	Alteration of street layout (widening of Stotfold Road)	Work No. 11
Land to the west of the East Coast Main Line	Land shown coloured green on the open space plan	Access route	Works Nos. 1, 2, 3, 4, 5, 6, 7, 8 and 9
Land to the west of the East Coast Main Line	Land shown coloured yellow on the open space plan	Construction of drainage outfall, headwall and detention basin	Work No. 4

Articles 9, 29 and 33

SCHEDULE 11 STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1.—(1) Sections 271 to 274 of the 1990 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 acquired or appropriated by Network Rail under this Order subject to the following provisions of this paragraph 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, which provide for the payment of compensation) shall have effect accordingly.

(2) In the provisions of the 1990 Act, as applied by sub-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 sub-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 Network Rail 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.

(4) Sub-paragraph (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 sub-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 Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer communicate with any other public sewer or with a private sewerage disposal plant.

(5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part 3 of the 1991 Act applies.

(6) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003(3); and

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

Apparatus of statutory undertakers, etc., in stopped up streets

2.—(1) Where a street is stopped up under article 9 (construction of new and stopping up of existing streets) any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(2) Where a street is stopped up under article 9 any statutory utility whose apparatus is under, in, upon, over, along or across the street may, where reasonably necessary for the efficient operation of the undertaking of the statutory utility and, if reasonably requested to do so by Network Rail, shall—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in that position.

(3) Subject to the following provisions of this paragraph, Network Rail shall pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works reasonably required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under sub-paragraph (2)—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by Network Rail, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) shall be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30^th June 1992, as revised and reissued from time to time.

(7) Sub-paragraphs (3) to (6) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section; and

(b) the allowable costs shall be borne by Network Rail and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this paragraph—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“relocation works” means work executed, or apparatus provided, under sub-paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in paragraph 1(6).

3.  Nothing in this Schedule shall affect the provisions of any enactment or agreement regulating the relations between Network Rail and the owner of apparatus in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

Article 34

SCHEDULE 12 FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Interpretation

1.—(1) For the protection of the undertakers referred to in this Schedule the following provisions shall, unless otherwise agreed in writing between Network Rail and the undertaker concerned, have effect.

(2) The provisions of Schedule 11 (statutory undertakers, etc.), in so far as they relate to the removal of apparatus, shall not apply in relation to apparatus to which this Schedule applies.

2.  In this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(4)) belonging to or maintained by that undertaker;

(b)

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

(c)

in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and

(d)

in the case of a sewerage undertaker—

(i)

any drains or works vested in the undertaker under the Water Industry Act 1991(5);

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act; and

(iii)

any drain or sewer transferred to the undertaker as part of any scheme made for the adoption of sewers, lateral drains and sewage disposal works under any regulations made under section 105A of that Act,

and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilation shafts, pumps or other accessories forming part of any such sewer, drain or works,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

“undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986(6);

(c)

a water undertaker within the meaning of the Water Industry Act 1991; and

(d)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised works, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

3.  This Schedule does not apply to apparatus in respect of which the relations between Network Rail and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4.  Regardless of any provision in this Order or anything shown on the Order plans, Network Rail shall not acquire any apparatus other than by agreement.

5.—(1) If, in the exercise of the powers conferred by this Order, Network Rail acquires any interest in any land in which apparatus is placed, that apparatus shall not be removed under this Schedule and any right of an undertaker to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.

(2) If, for the purposes of executing any works in, on or under any land purchased, held, appropriated, or used under this Order, Network Rail requires the removal of any apparatus placed in that land, it shall give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) Network Rail shall, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of Network Rail and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of Network Rail, or Network Rail is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question shall, on receipt of a written notice to that effect from Network Rail, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of Network Rail under this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and Network Rail or in default of agreement settled by arbitration in accordance with article 45 (arbitration).

(5) The undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 45, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by Network Rail to be removed under the provisions of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if Network Rail gives notice in writing to the undertaker in question that it desires itself to execute any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as will take place in any land of Network Rail, that work, instead of being executed by the undertaker, shall be executed by Network Rail without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

(7) Nothing in sub-paragraph (6) shall authorise Network Rail to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6.—(1) Where, in accordance with the provisions of this Schedule, Network Rail affords to an undertaker facilities and rights for the construction and maintenance in land of Network Rail of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between Network Rail and the undertaker in question or in default of agreement settled by arbitration in accordance with article 45 (arbitration).

(2) In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway of Network Rail, the arbitrator shall—

(a) give effect to all reasonable requirements of Network Rail for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of Network Rail or the traffic on the railway; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by Network Rail in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by Network Rail to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 5(2), Network Rail shall submit to the undertaker in question a plan, section and description of the works to be executed.

(2) Those works shall be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker shall be entitled to watch and inspect the execution of those works.

(3) Any requirements made by an undertaker under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by Network Rail, reasonably requires the removal of any apparatus and gives written notice to Network Rail of that requirement, paragraphs 5(1) to (7) shall apply as if the removal of the apparatus had been required by Network Rail under paragraph 5(2).

(5) Nothing in this paragraph shall preclude Network Rail from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan, section and description.

(6) Network Rail shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the undertaker in question notice as soon as reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and shall comply with sub-paragraph (2) in so far as reasonably practicable in the circumstances.

8.—(1) Subject to the following provisions of this paragraph, Network Rail shall repay to an undertaker the reasonable expenses incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).

(2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

(3) If in accordance with the provisions of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituting for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by Network Rail or, in default of agreement, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or so determined.

(5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker or there is any interruption in any service provided, or in the supply of goods, by an undertaker, Network Rail shall—

(a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) shall impose any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

(3) An undertaker shall give Network Rail reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of Network Rail which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

10.  Nothing in this Schedule shall affect the provisions of any enactment or agreement regulating the relations between Network Rail and an undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

Article 35

SCHEDULE 13 FOR PROTECTION OF THE ENVIRONMENT AGENCY

1.—(1) For the protection of the Environment Agency the following provisions of this Schedule shall, unless otherwise agreed in writing between Network Rail and the Agency, have effect.

(2) In this Schedule —

“the Agency” means the Environment Agency;

“foundation works risk assessment” means an assessment of the effects of piling works upon the water table and aquifers which shall include a method statement;

“ground investigation programme” means a programme for the carrying out of ground investigations and groundwater risk assessments within the Order limits and in particular upon or within the vicinity of the former landfill site at Cadwell Lane and land within the ownership of Anglian Water Services Limited;

“plans” includes sections, drawings, specifications and method statements;

“railway embankment retaining wall” means the retaining wall proposed to be constructed as part of the construction of the railway embankment to the south of Cadwell Lane;

“remediation strategy” means a strategy for the remediation of any identified ground or groundwater contamination which shall include an options appraisal and validation plan, details of the remediation measures required and how they will be undertaken and which shall also identify the data which will be presented in order to demonstrate that remediation works have been completed;

“specified works” means any authorised works which will or may be situated within plot numbers 3, 6, 7, 8, 9, 15, 16, 17, 17a, 18, 19, 21, 22, 23, 24, 25, 26, 26a, 28, 31, 31a, 34, 41, 42, 43, 44, 47, 47A, 48, 50, 51, 52, 60, 61 and 62 but only to that extent; and

“verification report” means a report containing data which demonstrates that remediation works have been completed and which assesses the effectiveness of such works.

Consents or Approvals

2.—(1) Where under this Schedule the Agency is required to give its consent or approval in respect of any matter—

(a) such consent or approval shall not be unreasonably withheld or delayed;

(b) if by the end of the period of 28 days, beginning with the first working day following the day on which a matter is effectively submitted by Network Rail to the Agency for its approval the Agency has not intimated its refusal to give its consent or approval in respect of any matter, it shall be deemed to have consented to or approved the matter as submitted;

(c) in the event that the Agency refuses its consent or approval of any matter, such refusal shall be accompanied by a statement of the grounds for refusal; and

(d) any approval issued by the Agency under this Schedule may be subject to such reasonable requirements as the Agency may make for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental and recreational duties and Network Rail shall construct the specified works in accordance with such requirements.

(2) The Agency shall use its reasonable endeavours to respond to the submission of any matters before the expiration of the period mentioned in sub-paragraph (1)(b).

(3) Nothing in this Schedule, including the issue by the Agency of a refusal to approve of or consent to a submitted matter or of an approval or consent subject to requirements, shall preclude Network Rail from submitting to the Agency at any time or from time to time a new or revised matter for the Agency’s reasonable approval and where Network Rail intends a new or revised matter to be considered instead of a matter previously submitted, it shall advise the Agency accordingly.

(4) Any request for approval or consent issued by Network Rail to the Agency under this Schedule shall be deemed to have been effectively submitted, for the purposes of sub-paragraph 2(1)(a), if sent by recorded delivery or by registered delivery to the registered office of the Agency.

Works by the Agency

3.  Network Rail shall not in the exercise of the powers conferred by this Order compromise the ability of the Agency to carry out ground investigations or remediation works within plot numbers 26, 31, 31A and 34.

Ground Investigation Programme and Remediation Strategy

4.—(1) Network Rail shall before commencing the construction of any specified work submit to the Agency for its reasonable approval a ground investigation programme.

(2) Network Rail shall supply the Agency with the results of any ground investigations or groundwater risk assessments carried out as part of any ground investigation programme approved pursuant to sub-paragraph (1) and shall consult with the Agency as regards those results.

(3) If following receipt of any results and after having been consulted by Network Rail regarding those results in accordance with sub-paragraph (2) the Agency reasonably considers that—

(a) an amendment to the approved ground investigation programme; or

(b) remediation works,

are required, it shall advise Network Rail accordingly.

(4) Upon receiving advice from the Agency that it considers an amendment to the approved ground investigation programme to be required pursuant to sub-paragraph (3), Network Rail shall prepare and submit to the Agency for its reasonable approval a revised ground investigation programme.

(5) Upon receiving advice from the Agency that it considers remediation works to be required pursuant to sub-paragraph (3), Network Rail shall prepare and submit to the Agency for its reasonable approval a remediation strategy.

(6) Following completion of any work prescribed by any remediation strategy approved pursuant to sub-paragraph (4), Network Rail shall submit to the Agency for its reasonable approval a verification report.

(7) Construction of any specified work and any ground investigation shall not be commenced except—

(a) in accordance with any relevant ground investigation programme (or any approved amendment of it) or relevant remediation strategy approved pursuant to this paragraph; and

(b) following the approval by the Agency of any relevant verification report submitted to it under sub-paragraph (5).

(8) In sub-paragraph (7), a ‘relevant’ ground investigation programme, remediation strategy or verification report is one which relates to any part of the land upon which it is proposed to construct the specified work in question.

Piling Works

5.  Network Rail shall before commencing piling works in connection with the construction of the railway embankment retaining wall and the railway viaduct (both forming part of Work No. 1) submit to the Agency for its reasonable approval a foundation works risk assessment and no such piling works shall be carried out except in accordance with such foundation works risk assessment as has been approved by the Agency or settled by arbitration.

Replacement public open space

6.—(1) Network Rail shall, before carrying out any works to the exchange land referred to in article 30 in order to lay it out as replacement public open space, submit to the Agency for its reasonable approval a ground investigation programme and remediation strategy in respect of that land.

(2) Following completion of any works prescribed by any remediation strategy approved pursuant to sub-paragraph (1) Network Rail shall submit to the Agency for its reasonable approval a verification report.

(3) In the event that the Agency refuses to approve a verification report submitted to it under this paragraph, Network Rail shall submit a new verification report to the Agency for its reasonable approval.

(4) Any works proposed to be carried out by Network Rail in order to lay the exchange land out as replacement public open space shall not be commenced—

(a) prior to implementation of any ground investigation programme or remediation strategy approved pursuant to sub-paragraph (1); and

(b) until the Agency has approved a verification report submitted to it under this paragraph.

Attenuation Basin

7.  Network Rail shall before commencing construction of Work No. 4 supply the Agency with plans of that work for the reasonable approval of the Agency and Work No. 4 shall not be constructed except in accordance with such plans as have been approved by the Agency or settled by arbitration.

Contaminated Land Management Plan

8.  Network Rail shall require its contractor to develop a contaminated land management plan and shall submit the contaminated land management plan to the Agency for its reasonable approval before commencing construction of the specified works and no specified works shall be constructed except in accordance with any contaminated land management plan approved by the Agency or settled by arbitration.

Bioswales

9.  Network Rail shall before commencing construction of any bioswale supply the Agency with plans of the proposed bioswale for the reasonable approval of the Agency and no bioswale shall be constructed except in accordance with such plans as have been approved by the Agency or settled by arbitration.

Contamination not previously identified

10.—(1) If during the construction of the authorised works, any contamination is found which has not previously been identified as being present, Network Rail shall cease construction of the specified work in question and shall not, unless otherwise agreed with the Agency, re-commence the construction of that work until it has prepared and submitted to the Agency for its reasonable approval—

(a) an appropriate remediation strategy; or

(b) (where a remediation strategy has already been approved pursuant to paragraph 4) an amendment to an approved remediation strategy

detailing how the unsuspected contamination will be addressed.

(2) No further construction of a specified work in respect of which construction has ceased pursuant to sub-paragraph (1) shall take place except in accordance with a remediation strategy or an amendment to an approved remediation strategy as has been approved by the Agency or settled by arbitration.

(3) Nothing in sub-paragraph (1) shall prohibit Network Rail from completing any construction activities already commenced where it is reasonably considered by Network Rail to be necessary to complete an activity in order to make the construction site safe.

Arbitration

11.  Any dispute arising between Network Rail and the Agency under this Schedule shall, if the parties agree, be determined by arbitration in accordance with article 45 (arbitration), but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a referral to them by Network Rail or the Agency, after notice in writing by one to the other.

Article 37

SCHEDULE 14 TRAFFIC REGULATION

No stopping, parking, waiting, loading or unloading at any time

(1) Road	(2) Extent	(3) Notes
Cadwell Lane	Northwards of a point 20 metres south of the bridge carrying the Hitchin to Peterborough section of the East Coast Main Line over Cadwell Lane	To maintain traffic flow during construction of the authorised works.
Stotfold Road	So much of Stotfold Road as lies within the Order limits	To maintain traffic flow during construction of the authorised works.

(1)

1973 c. 26.

(2)

S.I. 2011/1072

(3)

2003 c. 21.

(4)

1989 c. 29.

(5)

1991 c. 56.

(6)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995, c. 45, and was further amended by section 76 of the Utilities Act 2000, c. 27.