The Network Rail (North Doncaster Chord) Order 2012
| Jurisdiction | UK Non-devolved |
2012 No. 2635
Infrastructure Planning
The Network Rail (North Doncaster Chord) Order 2012
Made 16th October 2012
Coming into force 6th November 2012
An application has been made to the Infrastructure Planning Commission, in accordance with the Infrastructure Planning (Applications and Prescribed Forms and Procedure) Regulations 20091, for an order under sections 37, 114, 115, 120, and 122 of the Planning Act 20082(“the 2008 Act”).
The application was examined by a single Commissioner (appointed by the Chair of the Infrastructure Planning Commission) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103.
The Commissioner, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Commissioner, has decided to make an Order granting development consent for the development described in the application and consent for ancillary works with modifications which, in the opinion of the Secretary of State, do not make any substantial change to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 24, 26, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Network Rail (North Doncaster Chord) Order 2012 and comes into force on 6th November 2012.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19817
“the 1984 Act” means the Road Traffic Regulation Act 19848;
“the 1990 Act” means the Town and Country Planning Act 19909;
“the 1991 Act” means the New Roads and Street Works Act 199110;
“the 2008 Act” means the Planning Act 200811;
“the 2009 Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 200912;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
“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;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“cycle track” has the same meaning as in the 1980 Act;
“the design drawings” means the design drawings submitted under regulation 5(2)(o) of the 2009 Regulations and certified as the design drawings by the Secretary of State for the purposes of the Order;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“environmental impact assessment” means the assessment of the environmental impact of the authorised development, the findings of which are recorded in the environmental statement;
“the environmental statement” means the environmental statement submitted under regulation 5(2)(a) of the 2009 Regulations and certified as such by the Secretary of State for the purposes of this Order;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;
“limits of deviation” means the limits of deviation shown on the works plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace and any derivative of “maintain” 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;
“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference but does not include plots 115 to 119;
“the Order limits” means the limits of deviation shown on the works plans and the limits of land to be acquired or used shown on the works plans and the land plans;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198113;
“relevant planning authority” means Doncaster Metropolitan Borough Council;
“the sections” means the sections included with the works plans and certified as the sections by the Secretary of State for the purposes of this Order;
“statutory undertaker” means any statutory undertaker for the purposes of section 127(8), 128(5) or 129(2) of the 2008 Act;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“the street plans” mean the plans certified as the street plans by the Secretary of State for the purposes of the Order;
“the tribunal” means the Lands Chamber of 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 plans” means the plans certified as the works plans by the Secretary of State 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 airspace above its surface.
(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.
(4) All areas described in square metres in the book of reference are approximate.
(5) References in this Order to points identified by letters, with or without numbers, are construed as references to points so lettered on the street plans.
(6) References in this Order to numbered works are references to the works as numbered in Schedule 1.
Incorporation of Railways Clauses Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 184514are incorporated in this Order—
section 46 (crossing of roads – level crossings), subject to paragraph (4) and article 19 (level crossings);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 83, 85 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192315; and
section 105 (carriage of dangerous goods on railway), except for the words from “and if any power” to “for every such offence”.
(2) The following provisions of the Railways Clauses Act 186316are incorporated in this Order—
sections 5 and 7 (level crossings); and
section 12 (signals, watchmen etc.).
(3) In those provisions, as incorporated in this Order—
“the company” means Network Rail;
“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and any other authorised development; and
“the special Act” means this Order.
(4) In section 46 of the Railways Clauses Consolidation Act 1845, as incorporated in this Order, for the proviso there is substituted “provided always that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
PART 2
PRINCIPAL POWERS
Development consent etc. granted by the Order
4.—(1) Subject to the provisions of this Order and to the requirements in Schedule 2 (requirements) Network Rail is granted development consent for the authorised development to be carried out within the Order limits.
(2) Subject to article 8 (limits of deviation) the authorised development may only be constructed in the lines and situations shown on the works plans and in accordance with the levels shown on the sections.
Maintenance of authorised development
5. Network Rail may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order...
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