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58.—(1) The undertaker must not exercise the powers conferred by articles 13 (permanent stopping up of streets and private means of access), 14 (temporary stopping up and restriction of use of streets), 15 (access to works), 17 (discharge of water), 18 (protective works to buildings), 19 (authority to survey and investigate land), 20 (compulsory acquisition of land), 23 (compulsory acquisition of rights), 24 (public rights of way), 25 (private rights over land), 27 (acquisition of subsoil or airspace only), 28 (acquisition of part of certain properties), 29 (rights under or over streets), 30 (temporary use of land for carrying out the authorised development), 31 (temporary use of land for maintaining the authorised development), 32 (statutory undertakers), 36 (felling or lopping of trees and removal of hedgerows) and 37 (trees subject to tree preservation orders) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act or the 1981 Act as applied by this Order in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act or article 32 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.
(5) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.
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