The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/2786 |
| Year | 2005 |
2005 No. 2786
TRANSPORT AND WORKS, ENGLAND
CANALS AND INLAND WATERWAYS, ENGLAND
The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005
Made 7th October 2005
Coming into force in accordance with article 1
Whereas an application under section 6 of the Transport and Works Act 19921(“the 1992 Act”) has been made to the Secretary of State for the Environment, Food and Rural Affairs (“the Secretary of State”) by Leicestershire County Council (“the applicant”) in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20002, made under sections 6, 6A, 7(3)(b) and (c) and (4), and 10 of the 1992 Act, for an Order under section 3 of the 1992 Act;
And whereas the Secretary of State has caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;
And whereas the Secretary of State, in accordance with section 10(4) of the 1992 Act, taking into consideration the objections made and not withdrawn and the report of the person who held the inquiry, has under section 13(1) of the 1992 Act determined to make an Order giving effect to the proposals comprised in the application with modifications which in her opinion do not make any substantial change in the proposals;
And whereas, in accordance with section 14(1)(a) and (3) of the 1992 Act, notice of her determination has been given to the applicant and every person who made an objection which was referred to the inquiry, and, in accordance with 14(1)(b) and (3) of the 1992 Act, notice of that determination was published in the London Gazette;
Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10 to 13, and 15 to 17 of Schedule 1 to, the 1992 Act, hereby makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005, and shall come into force on the day after the day on which it is made.
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;
“apparatus” has the meaning given by section 48(5) of the 1991 Act;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the Applications Rules” means the Transport and Works (Application and Objections Procedure) (England and Wales) Rules 2000;
“the Board” means the “British Waterways Board”;
“the Board’s canal” means the Ashby de la Zouch Canal, in so far as it belongs to or is under the management or control of the Board, and includes any works, lands or premises belonging to the Board, or under its management and control, and held or used by the Board in connection with the said canal, but does not include any part of the Canal;
“the book of reference” means the book of reference required to be submitted by the undertaker (being the applicant within the meaning of the Application Rules) pursuant to rules 10(4) and 12(7) of the Application Rules7;
“the Canal” means the Ashby de la Zouch Canal Extension, comprising the works listed in the scheduled works and all works and conveniences provided in connection therewith and any lands held or used by the undertaker for the purposes thereof, and any reference to the Canal includes any part of it, but does not include any part of the Board’s canal;
“highway” and “highway authority” have the same meaning as in the Highways Act 19808;
“the land plans” means the plans required to be submitted by the undertaker pursuant to rules 10(4) and 12(5) of the Applications Rules;
“limits of deviation”, in relation to a work, means the limits of deviation shown on the works plans in relation to that work;
“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) or 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 scheduled works” means the works specified in Schedule 1;
“the sections” means the sections required to be submitted under rules 10(3)(a) and 12(3) of the Applications Rules;
“street” includes part of a street, but does not include any towing path forming part of the Board’s canal;
“street authority” in relation to a street, has the same meaning as in Part III of the 1991 Act;
“the transfer date”, in relation to any transfer of the Canal or any part of it in accordance with article 29, means the date on which that transfer takes effect;
“the tribunal” means the Lands Tribunal;
“the undertaker” means Leicestershire County Council;
“vessel” includes any ship, boat, barge, lighter, or raft, and any other description of craft, whether used in navigation or not;
“watercourse” includes any river, stream, ditch, drain, cut, canal, culvert, dyke, sluice, sewer and passage through which water flows, whether or not the flow is intermittent, except a public sewer or drain; and
“the works plans” means the plans required to be submitted by the undertaker pursuant to rules 10(3)(a) and 12(1) of the Applications Rules.
(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 described in Schedule 1 to 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 land plans or works plans.
(5) All distances, cardinal points of the compass, heights above ordnance datum, levels, lengths and points stated in any description of the works or powers or lands contained in Schedules 1, 5 and 6 to this Order or shown on the land plans or sections or work plans shall be construed as if the words “or thereabouts” were inserted after each such distance, direction, height, length and point, and distances between points on a waterway shall be taken to be measured along the centre line of the channel of the waterway.
PART 2
WORKS PROVISION
Power to construct works
3.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 4, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5), the undertaker 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 works, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables;
(b)
(b) works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
(c)
(c) works to connect the Canal to the Board’s canal;
(d)
(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;
(e)
(e) works for the benefit or protection of premises affected by the scheduled works; and
(f)
(f) works for the strengthening, alteration, or demolition of any building or structure.
(4) Subject to paragraph (5), the undertaker may carry out 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 works, other than works that would interfere with a navigable watercourse.
(5) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in Schedule 3 and subject to—
(a)
(a) the giving of 14 days' notice to owners and occupiers, or in the case of an emergency, as much notice as possible;
(b)
(b) restoring the condition of the land to that before the occupation; and
(c)
(c) paying compensation for loss of use of the land.
Power to deviate
4. In constructing or maintaining any of the scheduled works, the undertaker may—
(a) deviate laterally from the lines or situations shown on the work plans within the limits of deviation; and
(b) deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding 1 metre upwards; and
(ii) to any extent not exceeding 1 metre downwards.
Power to execute street works
5. The undertaker may, for the purposes of the authorised works, enter upon the streets specified in Schedule 4 and may—
(a) break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;
(b) place apparatus in the street;
(c) maintain apparatus in the street or change its position; and
(d) execute any works required for or incidental to any works referred to in paragraph (a), (b) or (c).
Stopping up of streets
6.—(1) Subject to the provisions of this article, for the purpose of carrying out and operating the scheduled works, the undertaker may, in connection with the construction of the authorised works, stop up any street specified in Schedule 5, to the extent specified in relation to that street in that Schedule.
(2) No street specified in columns (1) and (2) of Schedule 5 (being a street to be stopped up for which a substitute is to be provided...
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