Knowsley Industrial Park (Rail Terminal) Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/428 |
2000 No. 428
TRANSPORT AND WORKS, ENGLANDTRANSPORT
Knowsley Industrial Park (Rail Terminal) Order 1999
Made 3rd December 1999
Coming into force 24th December 1999
Whereas an application has been made to the Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;
And whereas the Secretary of State has taken into consideration the objection made to that application and not withdrawn;
And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas the Secretary of State is satisfied that the provision of an alternative right of way for the footpath mentioned in Schedule 2 to this Order is not required;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 2nd December 1999;
Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 8, 10, 11 and 15 to 17 of Schedule 1 to the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART I
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Knowsley Industrial Park (Rail Terminal) Order 1999 and shall come into force on 24th December 1999.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1990 Act” means the Town and Country Planning Act 19905;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“the 1992 Act” means the Transport and Works Act 1992;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules certified by the Secretary of State as the book of reference for the purposes of this Order;
“the Council” means Knowsley Metropolitan Borough Council;
“the deposited plans” means the composite plans prepared in pursuance of rule 7(1) and (3) of the Applications Rules certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 7(3);
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 4(a) below;
“the Liverpool Bolton and Bury Line” means so much of that part of the railway of Railtrack PLC known as the Liverpool Bolton and Bury Line as runs between Wigan Wallgate station and Kirkby station;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the public open space and exchange land plans” means the two plans so headed and attached to the deposited plans;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the telecommunications code” means Schedule 2 to the Telecommunications Act 19847; and
“the tribunal” means the Lands Tribunal.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
(3) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
(4) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so lettered on the deposited plans.
(5) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along that scheduled work.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
3.—(1) The Council may construct and maintain the scheduled works.
(2) Subject to article 4 below, the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (5) below, the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely—
(a)
(a) works for the strengthening, alteration or demolition of any building or structure;
(b)
(b) works to alter the position of any apparatus, including mains, sewers, drains and cables;
(c)
(c) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(d)
(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and
(e)
(e) facilities and works for the benefit or protection of land or premises affected by the authorised works.
(4) Subject to paragraph (5) below, the Council may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
(5) Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works within the limits of deviation shown on the deposited plans for the scheduled works.
Power to deviate
4. In constructing or maintaining any of the scheduled works, the Council may—
(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that work shown on those plans; and
(b) deviate vertically from the levels shown on the deposited sections—
(i) to any extent not exceeding 3 metres upwards; and
(ii) to any extent downwards.
Streets and footpaths
Stopping up of footpath
5.—(1) The Council may, in connection with the construction of the authorised works, stop up the footpath specified in columns (1) and (2) of Schedule 2 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.
(2) Upon that footpath being stopped up—
(a)
(a) all rights of way over or along it shall be extinguished; and
(b)
(b) the Council may, without making any payment, appropriate and use for the purposes of its undertaking authorised by this Order so much of the footpath that is stopped up.
Access to works
6. The Council may, for the purposes of the construction or operation of the scheduled works, form and lay out such means of access, within the limits of deviation, as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Supplemental
Discharge of water
7.—(1) The Council may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
(2) The Council shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
(3) The Council shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
(4) The Council shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
(5) The Council shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
(6) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 19918.
(7) In this article—
(a)
(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority;
(b)
(b) “watercourse” includes all rivers...
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