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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.

 

 

 
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