Crossrail Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
131

(1)
(2)

Area
No. on deposited plans

City of Westminster
104, 107, 109, 135 to 204, 208,

211, 212, 219 to 310, 312 to 322,

326b, 326e, 330 to 338, 344 to

5

351, 352 to 415, 418, 424, 425 to

428, 430 to 435, 441 to 446, 451,

452, 456 to 547, 552 to 565, 588 to

594, 596, 597, 601 to 611, 613 to

642, 649 to 658, 663 to 665, 667 to

10

672, 675 and 677 to 683

London Borough of Camden
17 to 29, 33 to 139, 144, 145, 149

to 152, 156 to 278 and 280

London Borough of Islington
2, 18, 20, 27, 28, 30 to 33, 35 to 82

and 86 to 88

15

City of London
39 to 41, 44 to 48, 51, 56 to 59, 61

to 70, 78, 94, 95, 98 to 100, 106,

107, 109 to 112, 118, 126 to 132,

137, 140, 152 to 158, 162 and 165

to 208

20

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
132

(1)
(2)

Area
No. on deposited plans

London Borough of Tower
1 to 157, 159, 160, 164, 166, 167,

Hamlets
170 to 223, 226 to 239, 241, 242,

268, 274, 276, 278, 282, 283, 285,

5

286, 291, 296 to 387, 401, 402,

404 to 574, 589, 591 to 629, 631 to

663, 665 to 677, 680 to 698, 701,

702, 704, 705, 708, 711, 778 to

787, 791 to 793, 795, 797 to 806,

10

812 to 819, 823 to 843, 845 to 847,

849 to 864, 989, 992, 994 to 1134,

1136 to 1139, 1141, 1149, 1153,

1156 to 1223, 1225, 1226, 1228,

1230, 1231, 1233, 1234, 1236,

15

1237, 1240, 1241, 1244 to 1246,

1254, 1256, 1259 to 1263, 1265,

1266, 1268 to 1270, 1272 to 1274,

1276 to 1285, 1287, 1288 to 1293,

1296 to 1306, 1308, 1310 to 1312,

20

1315 to 1317, 1319 to 1329, 1331,

1331a, 1332, 1333, 1333a, 1335,

1335a, 1336, 1336a, 1337, 1338,

1338a, 1339, 1341, 1341a, 1342,

1344, 1345, 1346, 1346a, 1347 to

25

1369, 1369a, 1370, 1370a, 1371 to

1374, 1374a, 1375 to 1378, 1380,

1381, 1383 to 1388, 1390 to 1395,

1398 to 1402, 1404, 1405, 1407,

1408, 1414 to 1420, 1425 to 1439

30

and 1441

London Borough of Newham
1, 11 to 41, 43, 44, 214, 218, 256,

280, 283 to 287, 289 to 292

London Borough of Greenwich
1, 2, 6, 8 to 10, 12 to 14, 16 to 29,

49a, 51a, 52a, 53a, 54a, 55a, 56a,

35

57a, 58a, 59a, 59b, 59c, 59d, 59e,

88a, 93a, 93b, 93c, 93d and 93e

      (2)
In the case of any other land, the power conferred by section 6(1) shall,
subject to paragraph 10, be exercisable as well in relation to the subsoil or
under-surface only as in relation to the land as a whole.
40
      (3)
The following shall not apply where the power conferred by section 6(1) is
exercised in relation to the subsoil or under-surface of land only—
(a)
section 8(1) of the Compulsory Purchase Act 1965 (c. 56) (limitation
on right to require a person to sell part only of any house, building,
manufactory or park or garden belonging to a house);
45
(b)
Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act
1981 (c. 66) (corresponding provision in case of general vesting
declaration).

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
133

Limitation of power of acquisition in relation to land not more than 9 metres below the surface
12
In the case of land specified in the following table, the power conferred by
section 6(1), so far as relating to so much of the land as does not lie more than
9 metres beneath the level of its surface, shall be exercisable only in relation
to the creation and acquisition of easements or other rights over land for the
5
passage of persons or vehicles (with or without materials, plant and
machinery) for the purpose of or in connection with the construction or
maintenance of the works authorised by this Act.

(1)
(2)

Area
No. on deposited plans

10

City of Westminster
429

London Borough of Tower
245, 577, 709, 776 and 807

Hamlets

Extension of power to acquire new rights
13    (1)
The Secretary of State may by order provide that section 6(1), so far as
15
relating to acquisition by virtue of paragraph 6(1), shall be treated as also
authorising acquisition by such person as may be specified in the order.
      (2)
The power to make an order under sub-paragraph (1) includes power to
make an order varying or revoking any order previously made under that
provision.
20
Acquisition of part only of certain properties
14    (1)
Where—
(a)
a notice to treat under Part 1 of the Compulsory Purchase Act 1965
(c. 56), as applied to the acquisition of land under section 6(1), is
served in respect of land forming part only of a house, building or
25
manufactory or part only of land consisting of a house with a park or
garden, and
(b)
a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraphs 15 and 16, shall
apply instead of section 8(1) of the Compulsory Purchase Act 1965.
30
      (2)
The person on whom the notice to treat is served (“the owner”) may within
the period of 21 days beginning with the day on which the notice to treat is
served on him, serve on the Secretary of State a counter-notice objecting to
the sale of the part (“the land subject to the notice to treat”) and stating that
he is willing and able to sell the whole (“the land subject to the counter-
35
notice”).
      (3)
If no counter-notice is served under sub-paragraph (2), the owner shall be
required to sell the land subject to the notice to treat.
      (4)
If a counter-notice is served under sub-paragraph (2) and the Secretary of
State agrees to take the land subject to the counter-notice, the notice to treat
40

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
134

shall be deemed to be a notice to treat in addition for the remainder of the
land subject to the counter-notice.
      (5)
If a counter-notice is served under sub-paragraph (2) and the Secretary of
State does not agree to take the land subject to the counter-notice, the
question as to what land the owner is to be required to sell shall be referred
5
to the Lands Tribunal.
15    (1)
If, on a reference under paragraph 14(5), the Lands Tribunal determine that
the land subject to the notice to treat can be taken—
(a)
without material detriment to the remainder of the land subject to
the counter-notice, and
10
(b)
where the land subject to the notice to treat consists of or includes
garden only land, without seriously affecting the amenity and
convenience of the house to which the garden only land belongs,

the owner shall be required to sell the land subject to the notice to treat.
      (2)
If, on such a reference, the Lands Tribunal determine that only part of the
15
land subject to the notice to treat can be taken as mentioned in sub-
paragraph (1), the notice to treat shall, subject to sub-paragraph (3), be
deemed to be a notice to treat for that part.
      (3)
Where the land subject to the notice to treat is not land which consists of or
includes garden only land, sub-paragraph (2) shall only have effect to deem
20
the notice to treat to be a notice to treat for land which does consist of or
include garden only land if the Lands Tribunal determine that that land can
be taken without seriously affecting the amenity and convenience of the
house to which the garden only land belongs.
      (4)
If, on such a reference, the Lands Tribunal determine—
25
(a)
that none of the land subject to the notice to treat can be taken
without material detriment to the remainder of the land subject to
the counter-notice, but
(b)
that the material detriment is confined to part of the remainder of
that land,
30

then, except where sub-paragraph (5) applies, the notice to treat shall be
deemed to be a notice to treat in addition for the land to which the material
detriment is confined.
      (5)
If, in a case where the land subject to the notice to treat consists of or includes
garden only land, the Lands Tribunal determine on such a reference that
35
none of the land subject to the notice to treat can be taken without seriously
affecting the amenity or convenience of the house to which the garden only
land belongs, the notice to treat shall be deemed to be a notice to treat in
addition for the remainder of the land subject to the counter-notice.
      (6)
If, on such a reference, the Lands Tribunal determine—
40
(a)
that none of the land subject to the notice to treat can be taken
without material detriment to the remainder of the land subject to
the counter-notice, and
(b)
that the material detriment is not confined to part of the remainder
of that land,
45

the notice to treat shall be deemed to be a notice to treat in addition for the
remainder of the land subject to the counter-notice.

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
135

      (7)
For the purposes of this paragraph, the land subject to the notice to treat
consists of or includes garden only land if—
(a)
it consists of the whole or part of a park or garden belonging to a
house, or
(b)
it includes the whole or part of such a park or garden but does not
5
include the house or any part of it.
16    (1)
Where under paragraph 15 a notice to treat is deemed by virtue of a
determination of the Lands Tribunal to be a notice to treat for less land or
more land than that specified in the notice, the Secretary of State may, within
the period of 6 weeks beginning with the day on which the determination is
10
made, withdraw the notice.
      (2)
If the Secretary of State withdraws a notice to treat under sub-paragraph (1),
he shall pay the person on whom the notice was served compensation for
any loss or expense occasioned to that person by the giving and withdrawal
of the notice, such compensation to be determined in case of dispute by the
15
Lands Tribunal.
      (3)
Where under paragraph 14 or 15 a person is required to sell part only of a
house, building or manufactory or of land consisting of a house with a park
or garden, the Secretary of State shall pay him compensation for any loss
sustained by him due to the severance of that part in addition to the value of
20
the interest acquired.
      (4)
A notice to treat shall have the effect which it is deemed to have under
paragraph 14(4) or 15(4), (5) or (6) whether or not the additional land is,
apart from that provision, land which the Secretary of State is authorised to
acquire compulsorily under this Act.
25
Minerals
17    (1)
Parts 1 and 2 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67)
(exception of minerals from compulsory purchase and regulation of the
working of mines or minerals underlying an authorised undertaking) shall
have effect in relation to land to which section 6(1) applies as if it were
30
comprised in a compulsory purchase order providing for the incorporation
with that order of those Parts of that Schedule.
      (2)
In their application by virtue of sub-paragraph (1), Parts 2 and 3 of Schedule
2 to the Acquisition of Land Act 1981 shall have effect with the following
modifications—
35
(a)
references to the acquiring authority, except the second reference in
paragraph 6, shall be construed as references to the nominated
undertaker, and
(b)
references to the undertaking shall be construed as references to the
undertaking which the nominated undertaker is authorised by this
40
Act to carry on.
Power to require acquisition where time limit extended
18    (1)
If the Secretary of State makes an order under section 6(7), the following
provisions shall have effect as from the coming into operation of the order.
      (2)
If an owner or lessee of any of the land in relation to which the order is made
45
gives notice in writing to the Secretary of State that he desires his interest in

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
136

such of that land as is specified in the notice to be acquired by the Secretary
of State, the Secretary of State shall, within the period of 3 months
immediately following receipt of the notice—
(a)
enter into an agreement with him for the acquisition of his interest in
the whole or part of the land specified in the notice,
5
(b)
exercise the relevant powers of compulsory acquisition in respect of
his interest in the whole or part of the land specified in the notice, or
(c)
serve on him notice in writing of the Secretary of State’s intention not
to proceed with the purchase of his interest in any of the land
specified in the notice.
10
      (3)
Where a person gives the Secretary of State notice under sub-paragraph (2)
and the Secretary of State—
(a)
fails to comply with the requirements of that sub-paragraph,
(b)
withdraws a notice to treat served in compliance with paragraph (b)
of that sub-paragraph, or
15
(c)
serves on the owner notice in compliance with paragraph (c) of that
sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable
in respect of that person’s interest in any of the land specified in the notice
under sub-paragraph (2).
20
      (4)
Where—
(a)
a person gives the Secretary of State notice under sub-paragraph (2),
and
(b)
the Secretary of State acquires in pursuance of paragraph (a) or (b) of
that sub-paragraph that person’s interest in some, but not all, of the
25
land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable
in respect of that person’s interest in the remainder of that land.
      (5)
References in this paragraph to the relevant powers of compulsory
acquisition are to—
30
(a)
the power to serve a notice to treat under Part 1 of the Compulsory
Purchase Act 1965 (c. 56), as applied to the acquisition of land under
section 6(1), and
(b)
the power to execute a declaration under section 4 of the
Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), as
35
applied by paragraph 4 above.
      (6)
In this paragraph—
“lessee” means a person who holds an interest under a lease for a
period of which not less than 21 years is unexpired at the date of the
giving of any notice by that person under sub-paragraph (2);
40
“owner”, in relation to any 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 the land, whether in possession or
reversion.
19
Paragraph 18 shall not apply to any subsoil or under-surface of land
45
required only for the construction of a work at a level more than 9 metres
below the level of the surface of the land.

Crossrail Bill
Schedule 7 — Planning conditions
Part 1 — Qualifying authorities
137

Compensation
20
Section 4 of the Acquisition of Land Act 1981 (c. 67) (assessment of
compensation in relation to a compulsory purchase where unnecessary
things done with a view to obtaining compensation) shall have effect in
relation to a compulsory purchase under this Act as if it were a compulsory
5
purchase for the purposes of that Act.
Schedule 7
Section 10

Planning conditions
Part 1
Qualifying authorities
10
Specification
1     (1)
As soon after the day on which this Act is passed as the Secretary of State
considers reasonably practicable, he shall, by order made by statutory
instrument, specify every relevant local authority which—
(a)
had, on or before the day on which the Bill for this Act was reported
15
from Select Committee in the House of Lords, given him
undertakings with respect to the handling of planning matters
arising under this Schedule which he considered satisfactory, and
(b)
has not subsequently been released from its undertakings.
      (2)
Subject to the following provisions of this paragraph, an authority which is
20
specified under sub-paragraph (1) is a qualifying authority for the purposes
of this Schedule.
      (3)
The Secretary of State may, if he considers it expedient to do so, by order
made by statutory instrument provide that an authority shall cease to be a
qualifying authority for the purposes of this Schedule.
25
      (4)
If, in relation to a relevant local authority which is not a qualifying authority
for the purposes of this Schedule, the Secretary of State considers that the
way in which the authority carries out its functions has been significantly
affected by a change of circumstances occurring since the relevant day, he
may by order made by statutory instrument provide that the authority shall
30
be a qualifying authority for the purposes of this Schedule.
      (5)
Before making an order under sub-paragraph (3) or (4), the Secretary of State
shall consult—
(a)
the nominated undertaker, and
(b)
unless the authority concerned has requested him to make the order,
35
that authority.
      (6)
A statutory instrument containing an order under sub-paragraph (3) or (4)
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
      (7)
In sub-paragraph (4), the reference to the relevant day is—
40