Crossrail Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 2 — Works: further and supplementary provisions
68

      (5)
This paragraph shall not authorise the making of trial holes in a carriageway
or footway without the consent of the highway authority, but such consent
shall not be unreasonably withheld.
      (6)
Any dispute as to the giving of consent under sub-paragraph (5) shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
5
by the Secretary of State.
      (7)
The nominated undertaker shall compensate the owners and occupiers of
land in respect of which the powers conferred by this paragraph are
exercised for any loss which they may suffer by reason of the exercise of
those powers.
10
      (8)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (7) , or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
Temporary interference with waterways
15
10    (1)
The powers conferred by this paragraph shall be exercisable in relation to
the following waterways for the purposes of or in connection with the
exercise of the powers conferred by this Act with respect to works—
the River Thames,
the River Lea,
20
West India Dock North and South,
Poplar Cut,
the Grand Union Canal,
the Regent’s Canal,
Bellmouth Passage,
25
City Mill River, and
Frays River.
      (2)
The nominated undertaker may—
(a)
temporarily interfere with a waterway mentioned in sub-paragraph
(1) at any point within the limits of deviation for the scheduled works
30
or within the limits of land to be acquired or used, by constructing or
maintaining such temporary works, or by carrying out such
dredging works, as it considers necessary or expedient,
(b)
temporarily moor or anchor barges or other vessels or craft in a
waterway mentioned in sub-paragraph (1), or
35
(c)
temporarily close a waterway mentioned in sub-paragraph (1), or a
part of such a waterway, to navigation.
      (3)
The power conferred by sub-paragraph (2)(c) shall be exercised in a way
which secures—
(a)
that no more of the waterway is closed to navigation at any time than
40
is necessary in the circumstances, and
(b)
that, if complete closure of the waterway to navigation becomes
necessary, all reasonable steps are taken to secure that the minimum
obstruction, delay or interference is caused to vessels or craft which
may be using or intending to use it.
45
      (4)
The nominated undertaker shall not be liable for any loss suffered, or costs
or expenses incurred, by any person as a direct or indirect result of any

Crossrail Bill
Schedule 3 — Highways
69

interference in accordance with this paragraph with a public right of
navigation.
      (5)
The nominated undertaker shall compensate any person who suffers loss as
a result of any interference in accordance with this paragraph with a private
right of navigation.
5
      (6)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (5) , or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
Schedule 3
10
Section 3

Highways
Stopping-up
1     (1)
The nominated undertaker may, in connection with the construction of the
works authorised by this Act, stop up each of the highways or parts of
highways specified in the following table.
15
      (2)
No highway or part of a highway specified in columns (1) and (2) of Part 1
of the following table shall be stopped up under this paragraph unless all the
land which abuts on it falls within one or more of the following categories,
namely—
(a)
land to which there is no right of access directly from the highway or
20
part to be stopped up,
(b)
land to which there is reasonably convenient access otherwise than
directly from the highway or part to be stopped up,
(c)
land the owners and occupiers of which have agreed to the stopping
up of the highway or part, and
25
(d)
land which is in the possession of the Secretary of State.
      (3)
No highway or part of a highway specified in columns (1) and (2) of Part 2
of the following table shall be stopped up under this paragraph if a new
highway is specified in relation to it in column (3) of that Part of the table, by
reference to the letters and numbers shown on the deposited plans or by
30
reference to scheduled works, until—
(a)
where the new highway is provided in exercise of the powers
conferred by this Act, the later of the date of practical completion and
the date on which it is first open for public use, and
(b)
where it is not, the date on which it is first open for public use.
35
      (4)
Where a new highway specified in column (3) of Part 2 of the following table
is provided in exercise of the powers conferred by this Act, the date of
practical completion of the highway, or the date on which it is first open for
public use, shall be taken for the purposes of sub-paragraph (3) to be what it
is taken to be for the purposes of paragraph 11(2).
40

Crossrail Bill
Schedule 3 — Highways
70

Part 1

(1)
(2)

Area
Highway or part to be stopped up

City of Westminster
Footpath within Westbourne

Green Sports Complex between

5

points P5, P6 and P7

North-eastern side of Eastbourne

Terrace within extent of narrowing

shown on the deposited plans

Falconberg Court

10

London Borough of Camden
Andrew Borde Street

London Borough of Islington
Cowcross Street between points P1

and P2

City of London
Hayne Street between points P3

and P4

15

Fore Street Avenue between points

P1 and P2

Moorfields between points P2 and

P3

Fulbourne Street between points

20

P1 and P2

Court Street between points P3 and

P4

Wood’s Buildings between points

P5 and P6

25

South-eastern side of Durward

Street within the extent of

narrowing shown on the deposited

plans between points P2 and P7

London Borough of Tower
Garden Street between points P5

30

Hamlets
and P6

Eleanor Street between points P1

and P2

London Borough of Greenwich
Bostall Manorway between points

P3 and P4

35

Abbey Terrace between points P5

and P6

London Borough of Havering
Footpath (FP 123) between

Beechfield Gardens and Nursery

Walk

40

Crossrail Bill
Schedule 3 — Highways
71

Part 2

(1)
(2)
(3)

Area
Highway or part to be
New highway to be

stopped up
substituted for it

City of Westminster
Westbourne Park
Work No. 1/9C

5

Passage within the

limits of deviation of

Work No. 1/9C

Westbourne Park
Work No. 1/9D

Passage within the

10

limits of deviation of

Work No. 1/9D

London Borough of
Footpath between
New footpath between

Tower Hamlets
Stepney Way and
points P1, P4, P5 and

Stepney Green
P6

15

between points P1, P2

and P3 and between

points P2 and P4

London Borough of
Footpaths between the
New footpath through

Newham
Excel Centre and
intended station, part

20

Victoria Dock Road
of Work No. 1/5

between points P1, P2,
between points P10

P3, P4, P5, P6, P7, P8
and P11

and P9 and between

points P6 and P11

25

Footpath between
Work No. 1/32D

Albert Road and

Factory Road between

points P1 and P2

Barbers Road between
Works Nos. 2/6A,

30

points P1 and P2
2/6B and 2/7

Pudding Mill Lane
Works Nos. 2/6A,

between points P3 and
2/6B and 2/7

P4

Marshgate Lane
Works Nos. 2/6A and

35

within the relevant
2/6B

limits

Footpath (Greenway)
New footpath between

between points P6, P7,
points P5, P14 and P13

P8, P9, P10, P11, P12

40

and P13 and between

points P9 and P11

London Borough of
Footpath on eastern
Work No. 1/34

Greenwich
side of Church Manor

Way between points

45

P1 and P2

Footpath between
Work No. 1/36

Mottisfont Road and

Bostall Manor Way

between points P1 and

50

P2

Crossrail Bill
Schedule 3 — Highways
72

(1)
(2)
(3)

Area
Highway or part to be
New highway to be

stopped up
substituted for it

London Boroughs of
Footpaths over Abbey
New footpath through

Greenwich and Bexley
Wood Station between
intended station, part

5

points P7, P8, P9, P10
of Work No. 1/7

and P11 and between

points P11 and P12

Felixstowe Road
Work No. 1/37B

within the relevant

10

limits

London Borough of
Gayton Road
Work No. 1/37C

Bexley

London Borough of
Footpath on eastern
New footpath between

Barking & Dagenham
side of Whalebone
points P1, P2 and P3

15

Lane South between

points P1 and P3

London Borough of
Footpath adjacent to
Work No. 2/15D

Havering
bus stand, Atlanta

Boulevard

20

County of Berkshire,
Hollow Hill Lane
Work No. 3/9D

Borough of Slough
between points P1 and

P2

County of
Thorney Lane South
Works Nos. 3/9B and

Buckinghamshire,
between points P1 and
3/9C

25

District of South
P2

Bucks, Parish of Iver

London Borough of
Footpath and
Work No. 3/10F

Hillingdon
cycleway (Kingston

Lane) between points

30

P1 and P2

Old Stockley Road
Footpath and

between points P1 and
cycleway between

P2
points P1 and P2

(Work No. 3/14)

35

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
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
40
(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
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
45
(2) if, but only if, they are satisfied—
(a)
that an alternative bridleway or footpath has been provided,

Crossrail Bill
Schedule 3 — Highways
73

(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
5
(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.
10
      (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
15
up,
(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
20
illustrating the proposals may be inspected by any person free of
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
25
stopping up, and
(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
30
on which the bridleway or footpath, or part, proposed to be stopped
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.
35
      (8)
Before granting an application under sub-paragraph (2), the appropriate
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
40
by them, be carried out by a person appointed by them for the purpose.
     (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,
45
(b)
the Common Council of the City of London,
(c)
the London Fire and Emergency Planning Authority,

Crossrail Bill
Schedule 3 — Highways
74

(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
(f)
the parish meeting of a rural parish not having a separate parish
5
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,
are to those Ministers acting jointly.
10
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
payment, so much of the site of it as is bounded on both sides by land
15
which he owns.
      (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
20
determined under and in accordance with Part 1 of the Land Compensation
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
25
construction of the undertaking which the nominated undertaker is
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
30
land which the Secretary of State is entitled to appropriate and use under
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,
35
(b)
in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority
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
40
4     (1)
The powers conferred by paragraph 1 or 4 of Schedule 2 may be exercised in
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
45
by the Secretary of State.