Crossrail Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

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.