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Crossrail Bill


Crossrail Bill
Schedule 3 — Highways

62

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

New highway to be

 
  

stopped up

substituted for it

 
 

London Borough of

Footpath adjacent to

Work No. 2/15D

 
 

Havering

bus stand, Atlanta

  

5

  

Boulevard

  
 

County of

Thorney Lane South

Works Nos. 3/9B and

 
 

Buckinghamshire,

between points P1 and

3/9C

 
 

District of South

P2

  
 

Bucks, Parish of Iver

   

10

 

London Borough of

Footpath and

Work No. 3/10F

 
 

Hillingdon

cycleway (Kingston

  
  

Lane) between points

  
  

P1 and P2

  
 

 

Old Stockley Road

Footpath and

 

15

  

between points P1 and

cycleway between

 
  

P2

points P1 and P2

 
   

(Work No. 3/14)

 
 

2     (1)  

The nominated undertaker may, in connection with the construction of the

works authorised by this Act, stop up any bridleway or footpath, or part of

20

a bridleway or footpath, which is—

(a)   

within the limits of deviation for the scheduled works or within the

limits of land to be acquired or used, and

(b)   

not specified in columns (1) and (2) of the table in paragraph 1.

      (2)  

The power conferred by sub-paragraph (1) shall not be exercised unless the

25

proposed stopping up has been confirmed by the appropriate Ministers

upon application by the nominated undertaker.

      (3)  

The appropriate Ministers shall grant an application under sub-paragraph

(2) if, but only if, they are satisfied—

(a)   

that an alternative bridleway or footpath has been provided,

30

(b)   

that an alternative bridleway or footpath will be provided before the

proposed stopping up takes place, or

(c)   

that the provision of an alternative bridleway or footpath is not

required.

      (4)  

Where the appropriate Ministers grant an application under sub-paragraph

35

(2), they shall notify the nominated undertaker of the basis on which the

application is granted.

      (5)  

Where the basis on which an application under sub-paragraph (2) is granted

is that an alternative bridleway or footpath will be provided, the proposed

stopping up shall not take place until the alternative has been provided.

40

      (6)  

Before making an application under sub-paragraph (2), the nominated

undertaker shall publish in at least one local newspaper circulating in the

relevant area a notice—

(a)   

specifying—

(i)   

the bridleway or footpath, or part, proposed to be stopped

45

up,

 

 

Crossrail Bill
Schedule 3 — Highways

63

 

(ii)   

what, if any, alternative bridleway or footpath is proposed,

and

(iii)   

if no alternative is proposed, the reasons why,

(b)   

specifying a place in the relevant area where a map or plan

illustrating the proposals may be inspected by any person free of

5

charge at all reasonable hours during a period of 28 days from the

date of publication of the notice (“the publication date”),

(c)   

stating that any person may within that period make representations

about confirmation under sub-paragraph (2) of the proposed

stopping up, and

10

(d)   

specifying the manner in which such representations may be made.

      (7)  

Not later than the publication date, the nominated undertaker shall—

(a)   

serve a copy of the notice, together with any map or plan to which it

refers, on every local authority whose area includes any of the land

on which the bridleway or footpath, or part, proposed to be stopped

15

up is situated, and

(b)   

cause a copy of the notice to be displayed in a prominent position at

the ends of the bridleway or footpath, or part, proposed to be

stopped up.

      (8)  

Before granting an application under sub-paragraph (2), the appropriate

20

Ministers shall consider any representations made to them in accordance

with the nominated undertaker’s notice which have not been withdrawn.

      (9)  

Unless they direct otherwise, the appropriate Ministers’ functions in relation

to an application under sub-paragraph (2) shall, instead of being carried out

by them, be carried out by a person appointed by them for the purpose.

25

     (10)  

In sub-paragraph (6), references to the relevant area are to the area in which

the bridleway or footpath, or part, proposed to be stopped up is situated.

     (11)  

In sub-paragraph (7)(a), “local authority” means—

(a)   

the council of a county, district, parish or London borough,

(b)   

the Common Council of the City of London,

30

(c)   

the London Fire and Emergency Planning Authority,

(d)   

a joint authority established by Part 4 of the Local Government Act

1985 (c. 51),

(e)   

a housing action trust established under Part 3 of the Housing Act

1988 (c. 50), and

35

(f)   

the parish meeting of a rural parish not having a separate parish

council.

     (12)  

In this paragraph, references to the appropriate Ministers are to the

Secretary of State for Environment, Food and Rural Affairs and the Secretary

of State for Transport and, in relation to the carrying out of any functions,

40

are to those Ministers acting jointly.

3     (1)  

On a highway or part of a highway being stopped up under paragraph 1 or

2—

(a)   

all rights of way over or along it shall be extinguished, and

(b)   

the Secretary of State may appropriate and use, without making any

45

payment, so much of the site of it as is bounded on both sides by land

which he owns.

 

 

Crossrail Bill
Schedule 3 — Highways

64

 

      (2)  

The nominated undertaker shall compensate any person who suffers loss by

the extinguishment under this paragraph of a private right of way.

      (3)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (2), or as to the amount of such compensation, shall be

determined under and in accordance with Part 1 of the Land Compensation

5

Act 1961 (c. 33).

      (4)  

The Secretary of State shall not be entitled to any mines or minerals under

land which he is entitled to appropriate and use under sub-paragraph (1)(b),

with the exception of minerals necessarily extracted or used in the

construction of the undertaking which the nominated undertaker is

10

authorised to carry on by this Act.

      (5)  

Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of

the working of mines or minerals underlying an authorised undertaking)

shall apply in relation to the working of any mines or minerals underlying

land which the Secretary of State is entitled to appropriate and use under

15

sub-paragraph (1)(b) with the following modifications—

(a)   

references to the undertaking shall be construed as references to the

undertaking which the nominated undertaker is authorised to carry

on by this Act,

(b)   

in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority

20

shall be construed as references to the nominated undertaker, and

(c)   

in paragraph 6, the first of the references to the acquiring authority

shall be construed as a reference to the nominated undertaker.

Permanent obstruction

4     (1)  

The powers conferred by paragraph 1 or 4 of Schedule 2 may be exercised in

25

such a way as to obstruct the highway, but only with the consent of the

highway authority, such consent not to be unreasonably withheld.

      (2)  

Any dispute with a highway authority under sub-paragraph (1) shall, if the

parties agree, be referred to arbitration, but shall otherwise be determined

by the Secretary of State.

30

      (3)  

If a highway authority which receives an application for consent under sub-

paragraph (1) fails to notify the applicant of its decision on the application

before the end of the period of 28 days beginning with the date on which the

application was made, it shall be deemed to have granted it.

Temporary interference

35

5     (1)  

For the purposes of the works authorised by this Act, the nominated

undertaker may—

(a)   

temporarily stop up or alter or divert any highway or part of a

highway,

(b)   

for any reasonable time divert traffic from, and prevent persons

40

passing along, any highway or part of a highway, and

(c)   

break up or interfere with any highway or part of a highway

(including any sewer, drain or tunnel in it).

      (2)  

The nominated undertaker shall provide reasonable access for pedestrians

going to or from premises abutting on a highway affected by the exercise of

45

 

 

Crossrail Bill
Schedule 3 — Highways

65

 

the powers conferred by sub-paragraph (1) if there would otherwise be no

such access.

      (3)  

Before exercising the powers conferred by sub-paragraph (1) in relation to a

highway and to an extent specified in the following table, the nominated

undertaker shall consult the highway authority about the exercise of the

5

powers.

 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
 

City of Westminster

Harrow Road

Between points T1 and

 

10

   

T2

 
  

Bishop’s Bridge Road

Within the relevant

 
   

limits

 
  

Eastbourne Terrace

Entire length

 
 

 

Cleveland Terrace

Within the relevant

 

15

   

limits

 
  

Chilworth Street

Within the relevant

 
   

limits

 
  

South Wharf Road

Within the relevant

 
   

limits

 

20

  

Praed Street

Within the relevant

 
   

limits

 
  

Craven Road

Within the relevant

 
   

limits

 
  

Westbourne Terrace

Within the relevant

 

25

   

limits

 
  

Chilworth Mews

Entire length

 
  

Eastbourne Mews

Entire length

 
  

Spring Street

Between points T1 and

 
   

T2

 

30

  

Bayswater Road

Between points T1 and

 
   

T2

 
  

Park Lane

Between points T4 and

 
   

T5 and points T5 and

 
   

T6

 

35

  

Pedestrian subway

Between points T1, T2

 
  

between western and

and T3

 
  

eastern sides of Park

  
  

Lane

  
  

Weighhouse Street

Between points T1 and

 

40

   

T2

 
 

 

Crossrail Bill
Schedule 3 — Highways

66

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Gilbert Street

Between points T1 and

 
   

T3

 

5

  

St. Anselm’s Place

Entire length

 
  

Davies Street

Within the relevant

 
   

limits

 
  

South Molton Lane

Between points T4 and

 
   

T5

 

10

  

Dering Street

Within the relevant

 
   

limits

 
  

New Bond Street

Within the relevant

 
   

limits

 
  

Brook Street

Within the relevant

 

15

   

limits

 
  

Tenterden Street

Entire length

 
  

Hanover Square

Entire length

 
  

Princes Street

Within the relevant

 
   

limits

 

20

  

St George Street

Within the relevant

 
   

limits

 
  

Wardour Street

Between points T5 and

 
   

T6

 
  

Hollen Street

Within the relevant

 

25

   

limits

 
  

Sheraton Street

Within the relevant

 
   

limits

 
  

Oxford Street

Within the relevant

 
   

limits

 

30

  

Newman Street

Within the relevant

 
   

limits

 
  

Great Chapel Street

Entire length

 
  

Diadem Court

Entire length

 
  

Fareham Street

Entire length

 

35

  

Dean Street

Within the relevant

 
   

limits

 
  

Soho Square

Between points T1 and

 
   

T2

 
  

Carlisle Street

Entire length

 

40

 

 

Crossrail Bill
Schedule 3 — Highways

67

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Falconberg Mews

Entire length

 
  

Sutton Row

Entire length

 

5

  

Greek Street

Within the relevant

 
   

limits

 
  

Manette Street

Entire length

 
  

Goslett Yard

Entire length

 
 

City of Westminster

Tottenham Court

Within the relevant

 

10

 

and London Borough

Road

limits

 
 

of Camden

   
  

Charing Cross Road

Within the relevant

 
   

limits

 
  

St Giles Circus

Entire length

 

15

 

London Borough of

New Oxford Street

Within the relevant

 
 

Camden

 

limits

 
  

Earnshaw Street

Entire length

 
  

Denmark Street

Entire length

 
  

St Giles High Street

Between points T3 and

 

20

   

T4

 
  

Fisher Street

Entire length

 
  

Southampton Row

Between points T1 and

 
   

T2

 
  

Catton Street

Entire length

 

25

  

Red Lion Square

Between points T3 and

 
   

T4

 
  

Drake Street

Between points T5 and

 
   

T3

 
 

London Boroughs of

Farringdon Road

Within the relevant

 

30

 

Camden and Islington

 

limits

 
 

City of London

Farringdon Street

Within the relevant

 
   

limits

 
  

West Smithfield

Within the relevant

 
   

limits

 

35

  

Snow Hill

Within the relevant

 
   

limits

 
  

Long Lane

Within the relevant

 
   

limits

 
  

Lindsey Street

Entire length

 

40

 

 

Crossrail Bill
Schedule 3 — Highways

68

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Hayne Street

Between points T3 and

 
   

P4

 

5

  

Aldersgate Street

Within the relevant

 
   

limits

 
  

Eldon Street

Entire length

 
  

Beech Street

Between points T1 and

 
   

T2

 

10

  

London Wall

Within the relevant

 
   

limits

 
  

Fore Street Avenue

Between points T1 and

 
   

T2

 
  

Silk Street

Within the relevant

 

15

   

limits

 
  

Moor Lane

Between points T3 and

 
   

T4

 
  

Moorfields

Entire length

 
  

Moor Place

Entire length

 

20

  

Keats Place

Entire length

 
  

Moorgate

Within the relevant

 
   

limits

 
  

Finsbury Circus

Within the relevant

 
   

limits

 

25

  

Circus Place

Entire length

 
  

Blomfield Street

Entire length

 
  

Broad Street Avenue

Entire length

 
  

Liverpool Street

Entire length

 
  

Old Broad Street

Within the relevant

 

30

   

limits

 
  

Wormwood Street

Entire length

 
  

Bishopsgate

Within the relevant

 
   

limits

 
  

Camomile Street

Within the relevant

 

35

   

limits

 
  

Grand Avenue

Within the relevant

 
   

limits

 
  

Eldon Street

Within the relevant

 
   

limits

 

40

 

 

 
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