PART 3STREETS
Power to alter layout, etc., of streets
10.—(1) Network Rail may for the purposes of the authorised development alter the layout of or carry out any works in the streets specified in column (2) of Schedule 3 (streets subject to temporary alteration of layout) in the manner specified in relation to that street in column (3).
(2) Regardless of the specific powers conferred by paragraph (1) but subject to paragraph (3), Network Rail may, for the purposes of constructing and maintaining the authorised development, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of this paragraph, Network Rail may—
(a)increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;
(b)alter the level or increase the width of any such kerb, footway, cycle track or verge;
(c)reduce the width of the carriageway of the street;
(d)make and maintain passing places.
(3) Network Rail must restore to the reasonable satisfaction of the street authority any street that has been temporarily altered under this article.
(4) The powers conferred by paragraph (2) are not to be exercised without the consent of the street authority but such consent must not be unreasonably withheld.
Street works
11.—(1) Network Rail may, for the purposes of the authorised development, enter upon so much of any of the streets specified in Schedule 4 (streets subject to street works) as is within the Order limits and may—
(a)break up or open the street, or any sewer, drain or tunnel under it;
(b)tunnel or bore under the street;
(c)place apparatus in the street;
(d)maintain apparatus in the street or change its position; and
(e)execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) (c) and (d).
(2) In this article, “apparatus” has the same meaning as in Part 3 of the 1991 Act.
Construction and maintenance of new or altered streets
12.—(1) Any street to be constructed under this Order must be completed to the reasonable satisfaction of the highway authority and, unless otherwise agreed with the highway authority, must be maintained by and at the expense of Network Rail for a period of 12 months from its completion and at the expiry of that period by and at the expense of the highway authority.
(2) Where a street is altered or diverted under this Order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed with the street authority, be maintained by and at the expense of Network Rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the street authority.
(3) Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of Network Rail and except as provided in those paragraphs Network Rail is not liable to maintain the surface of any highway under or over which the authorised development is constructed, or the immediate approaches to any such highway.
(4) Unless otherwise agreed in writing by Network Rail and the highway authority, the term “structure” in paragraph (3) includes, in relation to Work No. 8, all of the features referred to in the description of that work in Schedule 1 (authorised development).
(5) In any action against Network Rail in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without affecting any other defence or the application of the law relating to contributory negligence) to prove that Network Rail had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
(6) For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters—
(a)the character of the street and the traffic which was reasonably to be expected to use it;
(b)the standard of maintenance appropriate for a street of that character and used by such traffic;
(c)the state of repair in which a reasonable person would have expected to find the street;
(d)whether Network Rail knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and
(e)where Network Rail could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,
but for the purposes of such a defence it is not relevant to prove that Network Rail had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that Network Rail had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.
(7) Nothing in this article—
(a)prejudices the operation of section 87 of the 1991 Act (prospectively maintainable highways); and Network Rail is not by reason of any duty under this article to maintain a street taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or
(b)has effect in relation to the street works with regard to which the provisions of Part 3 of the 1991 Act apply.
Stopping up of streets
13.—(1) Subject to the provisions of this article, Network Rail may, in connection with the carrying out of the authorised development, stop up each of the streets specified in columns (1) and (2) of Schedule 5 (streets to be stopped up) to the extent specified, by reference to the letters and numbers shown on the street plans, in column (3) of that Schedule.
(2) No street specified in columns (1) and (2) of Schedule 5 is to be wholly or partly stopped up under this article unless—
(a)the new street to be constructed and substituted for it, which is specified in column (4) of that Schedule, has been constructed and completed to the reasonable satisfaction of the street authority and is open for use; or
(b)a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and subsequently maintained by Network Rail, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a).
(3) Where a street has been stopped up under this article—
(a)all rights of way over or along the street so stopped up are extinguished; and
(b)Network Rail may appropriate and use for the purposes of the authorised development so much of the site of the street as is bounded on both sides by land owned by Network Rail.
(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article is subject to article 33 (apparatus and rights of statutory undertakers in stopped up streets).
Application of the 1991 Act
14.—(1) Works carried out under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major transport works if—
(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or
(b)they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the 1980 Act (dual carriageways and roundabouts).
(2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the carrying out of street works) and any regulations made, or code of practice issued or approved, under those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by Network Rail under the powers conferred by article 15 (temporary stopping up of streets) and the carrying out of street works under article 11 (street works) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(3) The provisions of the 1991 Act referred to in paragraph (2) are—
section 54 (advance notice of certain works), subject to paragraph (4);
section 55 (notice of starting date of works), subject to paragraph (4);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
(4) Sections 54 and 55 of the 1991 Act, as applied by paragraph (3), have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.
Temporary stopping up of streets
15.—(1) Network Rail may, during and for the purposes of carrying out the authorised development, temporarily stop up, alter or divert any existing street and may for any reasonable time—
(a)divert the traffic from the street; and
(b)subject to paragraph (3), prevent all persons from passing along the street.
(2) Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article within the Order limits as a temporary working site.
(3) Network Rail must provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
(4) Without limitation on the scope of paragraph (1), Network Rail may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of Schedule 6 (streets to be temporarily stopped up) to the extent specified, by reference to the letters shown on the street plans, in column (3) of that Schedule.
(5) Network Rail must not temporarily stop up, alter, divert or use as a temporary working site—
(a)any street specified as mentioned in paragraph (4), without first consulting the street authority; and
(b)any other street, without the consent of the street authority.
(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Access to works
16. Network Rail may, for the purposes of the construction or maintenance of the authorised development with the approval of the relevant planning authority, after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised development.
Agreements with street authorities
17.—(1) A street authority and Network Rail may enter into agreements with respect to—
(a)the construction of any new street, including any structure carrying the street over or under a railway authorised by this Order;
(b)the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;
(c)the maintenance of the structure of any bridge or tunnel carrying a street over or under any railway authorised by this Order;
(d)any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
(e)the carrying out in the street of any of the works referred to in article 11(1) (street works).
(2) Such an agreement may, without limitation on the scope of paragraph (1)—
(a)make provision for the street authority to carry out any function under this Order which relates to the street in question;
(b)include an agreement between Network Rail and the street authority specifying a reasonable time for the completion of the works; and
(c)contain such terms as to payment and otherwise as the parties consider appropriate.
Construction of bridges and tunnels
18. Any bridge or tunnel to be constructed under this Order for carrying a highway over or under a railway must be constructed in accordance with the plans and specifications approved by the highway authority.
Level crossings
19.—(1) Subject to paragraph (3), the level crossings specified in columns (1) and (2) of Schedule 7 (replacement and closure of level crossings) are stopped up and discontinued.
(2) Subject to paragraph (3), upon the stopping up and discontinuance of each of the level crossings referred to in paragraph (1), any right of way over the part of the street specified in relation to it in column (3) of Schedule 7 is extinguished to the extent specified, by reference to the letters shown on the street plans, in column (3) of that Schedule.
(3) Paragraphs (1) and (2) do not take effect with respect to each of the level crossings specified in Schedule 7 until the new street to be substituted for it, which is specified in column (4) of that Schedule, has been constructed and completed to the reasonable satisfaction of the highway authority and is open for use.
(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article is subject to article 33 (apparatus and rights of statutory undertakers in stopped up streets).