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Crossrail Bill


Crossrail Bill
Schedule 3 — Highways

76

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Trenches Bridge

Within the relevant

 
  

footpath (FP 47a) and

limits

 

5

  

cycleway

  
  

Hollow Hill Lane

Within the relevant

 
   

limits

 
  

Market Lane

Within the relevant

 
   

limits

 

10

 

County of

Bathurst Walk

Within the relevant

 
 

Buckinghamshire,

 

limits

 
 

District of South

   
 

Bucks, Parish of Iver

   
  

Footpath FP 16

Within the relevant

 

15

  

between Colne Valley

limits

 
  

Way and Court Lane

  
 

London Borough of

Weirside Gardens

Within the relevant

 
 

Hillingdon

 

limits

 
  

Horton Bridge Road

Between points T1 and

 

20

   

PI

 
  

Kingston Lane

Between points T2 and

 
   

P2

 
  

Stockley Road

Between points T1 and

 
   

T2

 

25

  

Station Road, Hayes

Within the relevant

 
   

limits

 
  

Subway between Blyth

Between points T1 and

 
  

Road and Station

T2

 
  

Approach

  

30

  

Station Approach

Entire length

 
  

Keith Road

Within the relevant

 
   

limits

 
  

Nestle’s Avenue

Within the relevant

 
   

limits

 

35

 

London Borough of

Footpath FP 112

Within the relevant

 
 

Ealing

between Park Avenue

limits

 
  

and Merrick Road

  
  

Golden Manor

Within the relevant

 
   

limits

 

40

  

Manor Road

Within the relevant

 
   

limits

 
  

Haven Green

Within the relevant

 
   

limits

 
 

 

Crossrail Bill
Schedule 3 — Highways

77

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

The Mall

Within the relevant

 
   

limits

 

5

  

Noel Road

Within the relevant

 
   

limits

 
  

Twyford Avenue

Within the relevant

 
   

limits

 
  

Oakley Avenue

Within the relevant

 

10

   

limits

 
  

Horn Lane

Within the relevant

 
   

limits

 
 

      (4)  

The purpose of consultation under sub-paragraph (3) shall be to ensure

public safety and, so far as reasonably practicable, to reduce public

15

inconvenience.

      (5)  

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

highway, or to an extent, not specified in the table in sub-paragraph (3), the

nominated undertaker shall obtain the consent in writing of the highway

authority.

20

      (6)  

Consent under sub-paragraph (5) shall not be unreasonably withheld, but

may be given subject to such conditions as the highway authority may

reasonably require in the interest of public safety or convenience.

      (7)  

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

paragraph (5) fails to notify the applicant of its decision on the application

25

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 the application.

      (8)  

A condition attached to consent under sub-paragraph (5) shall not have

effect if it is inconsistent with the performance by the nominated undertaker

of a condition to which the deemed planning permission is subject.

30

      (9)  

If a condition attached to consent under sub-paragraph (5) becomes

inconsistent with the performance by the nominated undertaker of a

condition to which the deemed planning permission is subject, it shall cease

to have effect.

     (10)  

Any dispute with a highway authority about consent under sub-paragraph

35

(5) shall, if the parties agree, be referred to arbitration, but shall otherwise be

determined by the Secretary of State.

     (11)  

In this paragraph, references to the deemed planning permission are to the

planning permission deemed to be granted by section 10(1).

     (12)  

It is hereby declared for the avoidance of doubt that there is no need to

40

reinstate a highway or part of a highway in relation to which any of the

powers conferred by sub-paragraph (1) has been exercised where the

exercise of the power comes to an end on the exercise, in relation to the

highway or part, of the power conferred by paragraph 1(1) or 2(1).

 

 

Crossrail Bill
Schedule 3 — Highways

78

 

Working sites in highways

6          

Any highway or part of a highway which is stopped up under paragraph

5(1)(a) may be used as a working site if it is within the limits of deviation for

the scheduled works or within the limits of land to be acquired or used.

Street works

5

7     (1)  

The nominated undertaker may, for the purposes of the works authorised by

this Act, enter upon any highway within the limits of deviation for the

scheduled works or within the limits of land to be acquired or used and—

(a)   

place, maintain or alter, or change the position of, apparatus in it,

(b)   

remove apparatus from it, and

10

(c)   

execute any works required for, or incidental to, any works

authorised by paragraph (a) or (b).

      (2)  

In this paragraph, “apparatus” has the same meaning as in Part 3 of the New

Roads and Street Works Act 1991 (c. 22).

8     (1)  

Works to which sub-paragraph (2) below applies shall be treated for the

15

purposes of Part 3 of the New Roads and Street Works Act 1991 (street

works) as major highway works if—

(a)   

they are of a description mentioned in any of paragraphs (a), (c) to

(e), (g) and (h) of section 86(3) of that Act (which defines what

highway authority works are major highway works), or

20

(b)   

they are works which, had they been executed under the powers of

the highway authority, might have been carried out in exercise of the

powers conferred by section 64 (dual carriageways and

roundabouts) or 184 (vehicle crossings over footways and verges) of

the Highways Act 1980 (c. 66).

25

      (2)  

This sub-paragraph applies to any works executed under this Act in relation

to a highway which consists of or includes a carriageway, other than those

executed under power delegated to a highway authority by an agreement

under paragraph 14(2) below.

      (3)  

In Part 3 of the New Roads and Street Works Act 1991, references, in relation

30

to major highway works, to the highway authority concerned shall, in

relation to works which are major highway works by virtue of sub-

paragraph (1) above, be construed as references to the nominated

undertaker.

Construction

35

9     (1)  

Where under this Act the nominated undertaker—

(a)   

constructs a new highway, or

(b)   

alters a highway, otherwise than by carrying out street works within

the meaning of Part 3 of the New Roads and Street Works Act 1991,

           

the construction or alteration shall be completed to the reasonable

40

satisfaction of the highway authority.

      (2)  

Where work to which sub-paragraph (1) applies has been completed to the

reasonable satisfaction of a highway authority, it shall certify that fact in

writing to the nominated undertaker.

 

 

Crossrail Bill
Schedule 3 — Highways

79

 

      (3)  

If the nominated undertaker requests a highway authority to issue a

certificate under sub-paragraph (2) and the highway authority does not

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

request was made—

(a)   

issue a certificate under that sub-paragraph, or

5

(b)   

notify the nominated undertaker of its decision to refuse to issue

such a certificate,

           

it shall be deemed to have issued such a certificate at the end of that period.

      (4)  

Any dispute with a highway authority under this paragraph shall, if the

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

10

by the Secretary of State.

10    (1)  

Sub-paragraph (2) applies where under this Act the nominated

undertaker—

(a)   

realigns a highway which is constituted by or comprises a

carriageway, or

15

(b)   

constructs a new highway which is constituted by or comprises a

carriageway.

      (2)  

The realignment, or construction, shall be carried out in accordance with

plans, sections and specifications approved by the highway authority at the

request of the nominated undertaker, such approval not to be unreasonably

20

withheld.

      (3)  

Any dispute with a highway authority under sub-paragraph (2) shall, if the

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

by the Secretary of State.

      (4)  

If, on application by the nominated undertaker for the approval of plans,

25

sections or specifications under sub-paragraph (2), the highway authority

fails to notify the nominated undertaker 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 approved the plans,

sections or specifications as submitted.

30

Maintenance

11    (1)  

Sub-paragraph (2) applies where under this Act the nominated

undertaker—

(a)   

constructs a new highway, or

(b)   

alters a highway, otherwise than by carrying out street works within

35

the meaning of Part 3 of the New Roads and Street Works Act 1991

(c. 22).

      (2)  

Unless otherwise agreed between the nominated undertaker and the

highway authority, the new or altered highway shall be maintained by and

at the expense of the nominated undertaker for a period of 12 months from

40

the later of—

(a)   

the date of practical completion, and

(b)   

the date on which it is first open for public use;

           

and after the end of that period shall be maintained by and at the expense of

the highway authority.

45

      (3)  

Where in relation to a highway to which sub-paragraph (2) applies the

highway authority is satisfied that the highway is practically complete or is

 

 

Crossrail Bill
Schedule 3 — Highways

80

 

open for public use, it shall, at the request of the nominated undertaker,

certify to it in writing the date of practical completion of the highway or, as

the case may be, the date on which it was first open for public use.

      (4)  

If the highway authority refuses a request to issue a certificate under sub-

paragraph (3), or if the nominated undertaker disputes the date given in a

5

certificate under that sub-paragraph, the matter shall, if the parties agree, be

referred to arbitration, but shall otherwise be determined by the Secretary of

State.

      (5)  

For the purposes of sub-paragraph (2), the date of practical completion of a

highway, or the date on which it is first open for public use, shall be taken to

10

be—

(a)   

where the date has been determined under sub-paragraph (4), the

date so determined, and

(b)   

where it has not, the date certified under sub-paragraph (3).

      (6)  

Sub-paragraph (2) shall not have effect to impose any obligation in relation

15

to—

(a)   

the structure of any bridge carrying a highway over any railway of

the nominated undertaker, or

(b)   

the structure of any tunnel carrying a highway under any such

railway.

20

      (7)  

Nothing in this paragraph shall prejudice the operation of section 87 of the

New Roads and Street Works Act 1991 (c. 22).

           

12         

Notwithstanding anything in section 46 of the Railways Clauses

Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated

25

undertaker shall not be liable to maintain the surface of any highway under

or over which the scheduled works shall be constructed, or the immediate

approaches to any such highway.

Bridges carrying highways

13         

Each of sections 116 and 117 of the Transport Act 1968 (c. 73) (duties as

30

respects bridges carrying highways over railways) shall apply as if the

nominated undertaker were one of the boards mentioned in that section.

Agreements with highway authorities etc.

14    (1)  

Where under this Schedule the nominated undertaker is authorised to stop

up or interfere with an existing highway or part of an existing highway, it

35

may enter into agreements with the persons having the charge, management

or control of the highway concerning the construction (or contribution

towards the expenses of construction) of—

(a)   

any new highway to be provided in substitution,

(b)   

any alteration of the existing highway, and

40

(c)   

any other related matters.

      (2)  

The nominated undertaker may, by agreement with any such persons,

delegate to them the power of constructing any such new highway or any

such alteration of an existing highway, including any bridge over any

railway, and, where the nominated undertaker is responsible for

45

 

 

Crossrail Bill
Schedule 3 — Highways

81

 

maintaining the new or altered highway (or bridge), the power to maintain

it.

Use of subsoil

15    (1)  

The nominated undertaker may enter upon, take and use for the purposes of

the works authorised by this Act so much of the subsoil of any highway

5

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

land to be acquired or used as shall be required for the purpose of the

construction or maintenance of those works, without being required to

acquire that subsoil or any interest in it.

      (2)  

The power conferred by sub-paragraph (1) shall not be exercisable in

10

relation to the subsoil of a highway within the limits of land to be acquired

or used, but outside the limits of deviation for the scheduled works, if the

highway is comprised in land specified in the following table.

 

(1)

(2)

 
 

Area

No. on deposited plans

 

15

 

City of Westminster

38, 81, 85, 112, 115, 117, 120, 121,

 
  

213, 218, 340, 341, 416, 417, 419,

 
  

420, 423, 447, 448, 449, 453, 454,

 
  

455, 548, 549, 551, 566, 595, 598,

 
  

600, 666, 684, 685, 689, 690 and

 

20

  

691

 
 

London Borough of Camden

1, 3, 5, 7, 10, 11, 13, 30, 31, 32,

 
  

153, 154, 155, 279, 281, 282 and

 
  

283

 
 

London Borough of Islington

1, 3, 4, 13, 24, 25, 34, 89, 90, 92,

 

25

  

93, 94, 95 and 99

 
 

City of London

1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36,

 
  

52, 53, 55, 71, 72, 73, 74, 81, 85,

 
  

101, 102, 103, 108, 113, 115, 124,

 
  

125, 136, 138, 143, 159, 160 and

 

30

  

161

 
 

London Borough of Tower

224, 225, 250, 252, 269, 280, 281,

 
 

Hamlets

290, 293, 294, 391, 393, 396, 398,

 
  

664, 820, 988, 990, 991, 993, 1135,

 
  

1145, 1229, 1247, 1250, 1295,

 

35

  

1412 and 1413

 
 

London Borough of Newham

8, 76, 155, 164, 189, 193, 205, 206,

 
  

258, 259, 260, 278, 288, 366, 379,

 
  

565, 619 and 670

 
 

London Borough of Greenwich

3, 5, 15, 94, 100, 101, 104, 109,

 

40

  

125, 130, 138, 144, 155, 159, 164,

 
  

169, 173, 182, 187 and 227

 
 

 

Crossrail Bill
Schedule 4 — Overhead lines: consent

82

 
 

(1)

(2)

 
 

Area

No. on deposited plans

 
 

London Borough of Bexley

28, 64 and 68

 
 

London Borough of Redbridge

26 and 41

 
 

London Borough of Barking &

17 and 18

 

5

 

Dagenham

  
 

London Borough of Havering

2, 11, 12, 24, 105, 117, 120, 134,

 
  

138, 140, 149, 154, 164 and 194

 
 

Borough of Brentwood

24 and 52

 
 

District of Basildon

13 and 14

 

10

 

Borough of Slough

14, 20, 22, 23, 32, 53, 56, 60, 113,

 
  

162, 168, and 258

 
 

London Borough of Hillingdon

97, 98, 115 and 116

 
 

London Borough of Ealing

9, 62, 88, 125, 144, 159, 160, 164,

 
  

177, 183 and 186

 

15

 

      (3)  

In the case of a highway comprised in land specified in the table in columns

(1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by

sub-paragraph (1) shall only be exercisable in relation to so much of the

subsoil of the highway as falls within the description specified in relation to

the land in column (3) of the table.

20

      (4)  

In the case of a highway comprised in land specified in the table in

paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1)

shall only be exercisable in relation to so much of the subsoil of the highway

as lies more than 9 metres beneath the level of the surface of the highway.

      (5)  

For the avoidance of doubt, it is hereby declared that the restrictions

25

imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-

paragraph (1) do not affect the power conferred by paragraph 7(1).

Schedule 4

Section 4

 

Overhead lines: consent

Scope of Schedule

30

1          

This Schedule applies to any electric line to which section 37(1) of the

Electricity Act 1989 (c. 29) would apply, but for section 4.

Consent requirement

2     (1)  

An electric line to which this Schedule applies shall not be installed or kept

installed above ground except in accordance with a consent granted by the

35

appropriate Ministers.

 

 

 
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Revised 19 May 2005