The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014

SCHEDULES

Articles 2 and 3

SCHEDULE 1 E+W+S SCHEDULED WORK

Commencement Information

I1 Sch. 1 in force at 11.3.2014, see art. 1

In the City of Westminster—

• Work No 1 - A passenger subway incorporating a step free interchange linking the Crossrail (Paddington) Station to the London Underground Bakerloo Line platforms commencing beneath a point 10 metres west of the junction of Winsland Mews with London Street and terminating beneath a point 35 metres east of the junction of Chilworth Street with Eastbourne Terrace.

Article 6

SCHEDULE 2 E+W+S STREETS TO BE TEMPORARILY STOPPED UP

Commencement Information

I2 Sch. 2 in force at 11.3.2014, see art. 1

(1)	(2)	(3)
Area	Streets to be temporarily stopped up	Extent of temporary stopping up
City of Westminster	London Street	Within the Order limits
	Arrivals Road

Article 11

SCHEDULE 3 E+W+S MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments E+W+S

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. E+W+S

Commencement Information

I3 Sch. 3 para. 1 in force at 11.3.2014, see art. 1

2.—(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-paragraphs (2) and (3). E+W+S

(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 are substituted the words “a right over land is purchased ”; and

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

(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 are substituted the words “a right over land consisting”;

(b) for the word “severance” there are substituted the words “right 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 are substituted the words “right proposed”; and

(d) for the words “part is” there are substituted the words “right is”.

Commencement Information

I4 Sch. 3 para. 2 in force at 11.3.2014, see art. 1

Application of the 1965 Act E+W+S

3.—(1) The 1965 Act has 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 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— E+W+S

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

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

(2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

Commencement Information

I5 Sch. 3 para. 3 in force at 11.3.2014, see art. 1

4.  For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section— E+W+S

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.”.

Commencement Information

I6 Sch. 3 para. 4 in force at 11.3.2014, see art. 1

5.  For section 8 of the 1965 Act (other provisions as to divided land) there is substituted the following— E+W+S

(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 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 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 tribunal is satisfied 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 without material detriment to that land; or

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

the Crossrail (Paddington Station Bakerloo Line Connection) Order 2014/310(2) (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is 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 is 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 is to 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.”.

Commencement Information

I7 Sch. 3 para. 5 in force at 11.3.2014, see art. 1

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— E+W+S

(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 so 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.

Commencement Information

I8 Sch. 3 para. 6 in force at 11.3.2014, see art. 1

7.  Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, 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 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly. E+W+S

Commencement Information

I9 Sch. 3 para. 7 in force at 11.3.2014, see art. 1

8.  Section 20 of the 1965 Act (protection for interests of tenants at will etc.) 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. E+W+S

Commencement Information

I10 Sch. 3 para. 8 in force at 11.3.2014, see art. 1

9.  Section 22 of the 1965 Act (interests omitted from purchase) 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. E+W+S

Commencement Information

I11 Sch. 3 para. 9 in force at 11.3.2014, see art. 1

Article 12

SCHEDULE 4 E+W+S LAND OF WHICH ONLY SUBSOIL MORE THAN 9 METRES BENEATH SURFACE MAY BE ACQUIRED

Commencement Information

I12 Sch. 4 in force at 11.3.2014, see art. 1

(1)	(2)
Area	Number of land shown on the works and land plan
City of Westminster	1, 2, 3, 4, 5

Article 13

SCHEDULE 5 E+W+S LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Commencement Information

I13 Sch. 5 in force at 11.3.2014, see art. 1

(1)	(2)	(3)	(4)
Area	Number of land shown on the works and land plan	Purpose for which temporary possession may be taken	Authorised work
City of Westminster	6	Temporary working site and access, including two temporary construction shafts.	Work No. 1

Article 18

SCHEDULE 6 E+W+S APPLICATION OF PROVISIONS OF THE PRINCIPAL ACT

1.  The following provisions of the principal Act apply to the matters which are the subject of this Order on the general assumptions mentioned in paragraph 2 and, where any special assumption is mentioned in paragraph 3 for any such provision, on the special assumptions for it so mentioned— E+W+S

(a) sections 8 (extinguishment of private rights of way), 9 (extinguishment of rights of statutory undertakers etc), 10 (planning: general), 11 (permitted developments: time limit), 12 (fees for planning applications), 13 (power to disapply section 10(1)), 15 (extension of permitted development rights) and section 20 (control of construction sites: appeals);

(b) paragraphs 8 (discharge of water) and 9 (entry for preparatory purposes) of Schedule 2 (works: further and supplementary provisions);

(c) paragraphs 1 (stopping up), 2, 3, 5(1) to 5(3) (temporary interference), 6 (working sites in highways), 7, 8 (street works), 9, 10 (construction), 11 (maintenance), 14 (agreements with highway authorities etc) and 15(1) (use of subsoil) of Schedule 3 (highways);

(d) paragraphs 3, 4 and 6 to 11 of Part 2 (development in the area of a unitary authority), and paragraphs 28 to 37 of Part 4 (supplementary) of Schedule 7 (planning conditions);

(e) paragraphs 14 to 17 of Schedule 14 (disapplication and modification of miscellaneous controls);

(f) parts 1 (protection of highways and traffic), 2 (protection for electricity, gas, water and sewerage undertakers) and 4 (protection of electronic communications code networks) of Schedule 17 (protective provisions).

Commencement Information

I14 Sch. 6 para. 1 in force at 11.3.2014, see art. 1

The general assumptions E+W+S

2.  The general assumptions are that references in the principal Act in whatever form (including references inserted or substituted by any provision of that Act in any other enactment)— E+W+S

(a) to that Act were references to this Order;

(b) to the nominated undertaker were references to the promoter;

(c) where the Crossrail (Devolution of Functions) Order 2010(3) modified the principal Act, references to Transport for London were references to the promoter;

(d) to the scheduled works (except in relation to references to the limits of deviation for the scheduled works), the deposited plans, the deposited sections and the book of reference were references to the scheduled work, the works and land plan, the sections and the book of reference respectively as defined in article 2(1) (interpretation);

(e) to the limits of deviation for the scheduled works or the limits of land to be acquired or used were references to the Order limits as defined in article 2(1);

(f) to Crossrail were references to the authorised works as defined in article 2(1); and

(g) to particular provisions of the principal Act were a reference to those provisions as applied by paragraph 1.

Commencement Information

I15 Sch. 6 para. 2 in force at 11.3.2014, see art. 1

The special assumptions E+W+S

3.—(1) The special assumptions are the assumptions set out in sub-paragraphs (2) to (8), and have effect for the purposes mentioned in paragraph 1. E+W+S

(2) In section 10(4) of the principal Act the reference to statements specified for the purposes of subsection (2)(b) is to be treated as including a reference to the environmental statement submitted with this Order.

(3) In Schedule 3, paragraph 14 (agreements with highway authorities etc) of the principal Act, the reference to that Schedule is to be treated as including a reference to this Order.

(4) Westminster City Council is to be treated as a qualifying authority for the purposes of Schedule 7 to the principal Act in so far as it applies to this Order.

(5) Condition 6 in the Table in paragraph 6 (conditions: qualifying authority) and condition 5 in the Table in paragraph 7 of Schedule 7 to the principal Act do not apply.

(6) In paragraph 11(6) of Schedule 7 to the principal Act (conditions: general), the reference to paragraph 2(1) of Schedule 5 is to be treated as a reference to paragraph (4) of article 13 (temporary use of land for construction of works).

(7) In paragraph 4(1) of Part 4 of Schedule 17 to the principal Act, references to paragraph 1 of Schedule 3 to that Act are to be treated as including references to that paragraph as applied by article 6(1).

(8) Paragraph 18 of Part 1 of Schedule 17 applies to any dispute arising under that Part as applied by this Order.

(9) Paragraph 13 of Part 2 of Schedule 17 applies to any dispute arising under that Part as applied by this Order.

(10) Paragraph 6 of Part 4 of Schedule 17 applies to any dispute arising under that Part as applied by this Order.

Commencement Information

I16 Sch. 6 para. 3 in force at 11.3.2014, see art. 1

Ancillary matters E+W+S

4.—(1) Regulations made under section 20(4) of the principal Act have effect in relation to appeals referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974(4), as inserted by section 20(3) of the principal Act and applied by paragraph 1, as they have effect for appeals referred to arbitration under that subsection in relation to works carried out in exercise of the powers conferred by Part 1 of the principal Act. E+W+S

(2) Rules made under section 54(5) of the principal Act apply to an arbitration under this Order as they apply to an arbitration under Part 1 of the principal Act.

(3) Without limitation on the scope of the general assumptions in paragraph 2, the references in section 8(2) of the principal Act to the coming into force of that Act are to be treated (so far as concerns the matters which are the subject of this Order) as references to the coming into force of this Order.

(4) Regulations made under paragraphs 30 and 34 of Schedule 7 to the principal Act (appeals) have effect in relation to planning appeals under this Order as they apply to appeals under Schedule 7 to the principal Act.

(5) Regulations made under section 12(1) of the principal Act have effect in relation to this Order as they apply to any request for approval under the planning permission deemed to be granted by section 10(1) of the principal Act.

Commencement Information

I17 Sch. 6 para. 4 in force at 11.3.2014, see art. 1

(1)

1973 c.26.

(2)

S.I. 2014/310.

(3)

S.I. 2010/988.

(4)

1974 c.40.