The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014
|Publication Date:||January 01, 2014|
TRANSPORT AND WORKS, ENGLAND
The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014
An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006( 1) for an Order under sections 1 and 5 of the Transport and Works Act 1992( 2) ("the 1992 Act") and section 48 of the Crossrail Act 2008( 3).
The Secretary of State caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.
The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.
Notice of the Secretary of State's determination was published in the London Gazette on 11th February 2014.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 15 and 16 of Schedule 1 to, the 1992 Act and by section 48 of the Crossrail Act 2008 makes the following Order-
Citation and commencement
1. This Order may be cited as the Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 and comes into force on 11th March 2014.
2. (1) In this Order-
"the 1961 Act" means the Land Compensation Act 1961( 4);
"the 1965 Act" means the Compulsory Purchase Act 1965( 5);
"the 1980 Act" means the Highways Act 1980( 6);
"the 1981 Act" means the Acquisition of Land Act 1981( 7);
"the 1984 Act" means the Road Traffic Regulation Act 1984( 8);
"the 1991 Act" means the New Roads and Street Works Act 1991( 9);
"address" includes any number or address used for the purposes of electronic transmission;
"authorised works" means the scheduled work and any other works authorised by this Order or any part of them;
"building" includes any structure or erection or any part of a building, structure or erection;
"the book of reference" means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
"the Company" means London Underground Limited (Company No. 01900907) whose registered office is at 55 Broadway, London SW1H 0BD;
"the Crossrail (Paddington) Station" means the station at Paddington in the City of Westminster authorised to be constructed as part of Works Nos. 1/3A and 1/3B under the principal Act;
"electronic transmission" means a communication transmitted-(a) by means of an electronic communications network; or(b) by other means but while in electronic form;
"highway" and "highway authority" have the same meaning as in the 1980 Act;
"the limits of deviation" means the limits of deviation for the scheduled work shown on the works and land plan;
"the limits of land to be acquired or used" means the land so shown and described on the works and land plan;
"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace, and "maintenance" is to be construed accordingly;
"Network Rail" means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG;
"the Order limits" means the limits of deviation and the limits of land to be acquired or used which are shown on the works and land plan;
"owner" in relation to land, has the same meaning as in the 1981 Act;
"the principal Act" means the Crossrail Act 2008;
"the promoter" means Crossrail Limited (Company No. 04212657) whose registered office is at 25 Canada Square, Canary Wharf, London, E14 5LQ;
"the scheduled work" means the work specified in Schedule 1 (scheduled work) or any part of it;
"the sections" means the sections which are shown on the works and land plan;
"street" includes part of a street;
"the tribunal" means the Upper Tribunal;
"watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
"the works and land plan" means the plan certified by the Secretary of State as the works and land plan for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.
(3) All distances, directions and lengths stated in the description of the scheduled work or in any description of powers or lands are approximate, and distances between points on a scheduled work are taken to be measured along the scheduled work.
Power to construct and maintain works
3. (1) The promoter may construct and maintain the scheduled work.
(2) Subject to article 4 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the works and land plan and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5), the promoter may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work, namely-(a) construct and maintain such offices and other buildings, yards, machinery, plant, apparatus and other works and conveniences as the promoter thinks fit;(b) make, provide and maintain all such approaches, lifts, stairs, escalators, ramps, passages, means of access, shafts and stagings as the promoter thinks fit;(c) make and maintain junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way;(d) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient;(e) alter or remove any structure erected upon any highway or adjoining land;(f) alter the position of apparatus, including mains, sewers, drains, pipes, cables and street furniture;(g) carry out and maintain landscaping and other permanent mitigation works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled work including the execution of works to alter the layout of streets; and(h) carry out and maintain works for the benefit or protection of premises affected by the scheduled work.
(4) Subject to paragraph (5), the promoter may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work.
(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works within the limits of deviation or the limits of land to be acquired or used.
Power to deviate
4. In constructing or maintaining the scheduled work, the promoter may-(a) deviate laterally from the lines or situations shown on the works and land plan to the extent of the limits of deviation for that work; and(b) deviate vertically from the levels shown on the sections-(i) to any extent not exceeding 4 metres upwards; or(ii) to any extent downwards as may be found to be necessary or convenient.
Stopping up of highways
5. (1) The promoter may exercise the power conferred by paragraph 1 of Schedule 3 (highways) to the principal Act to stop up London Street in the City of Westminster between points P1, P2, P3, P4 and P1 (which points are shown on the works and land plan) for purposes connected with the authorised works.
(2) Paragraph (1) has effect without affecting article 18 (application of the principal Act to authorised works).
6. (1) The promoter may exercise the powers conferred by paragraph 5(1) of Schedule 3 (highways) to the principal Act to temporarily stop up and alter the streets specified in columns (1) and (2) of Schedule 2 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule.
(2) The promoter may exercise the powers conferred by paragraphs 6 to 8 of Schedule 2 (works: further and supplementary provisions) to the principal Act in relation to the streets referred to in paragraph (1).
(3) Paragraph (1) has effect without affecting article 18 (application of the principal Act to authorised works).
Protective works to buildings, roads and apparatus of a statutory undertaker
7. (1) Subject to the following provisions of this article, the promoter may at its own expense and from time to time carry out such protective works to-(a) any building; or(b) any road; or(c) any apparatus of a statutory undertaker,
lying within the Order limits as the promoter considers to be necessary or expedient.
(2) Protective works may be carried out-(a) at any time before or during the construction in the vicinity of the building, road or apparatus of any part of the authorised works; or(b) after the completion of the construction of that part of the authorised works in the vicinity of the building, road or apparatus at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
(3) For the purpose of determining how the functions under this article are to be exercised the promoter may, subject to paragraph (5), enter and survey any building, go onto and survey any road or access and survey any apparatus falling within paragraph (1) and any land within the curtilage of the building or on which the apparatus is located.
(4) For the purpose of carrying out protective works under this...
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