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Crossrail Bill


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

122

 

where the land consists of a park or garden belonging

to a house, the house, and

(b)   

the notice to treat shall be deemed to have been served in

respect of that interest on such date as the Lands Tribunal

direct.

5

(1C)   

Any question as to the extent of the land in which the compulsory

purchase order is deemed to authorise the purchase of an interest by

virtue of subsection (1B)(a)(ii) of this section shall be determined by

the Lands Tribunal.

(1D)   

Where the Lands Tribunal determine that the person on whom a

10

notice to treat has been served has satisfied them as mentioned in

subsection (1)(c) of this section, the acquiring authority may

withdraw the notice at any time within the period of six weeks

beginning with the date of the determination.

(1E)   

Subsection (1D) of this section is without prejudice to any other

15

power of the acquiring authority to withdraw the notice to treat.”

      (4)  

The following provisions of that Act (which state the effect of a deed poll

executed in various circumstances where there is no conveyance by persons

with interests in the land), namely—

section 9(4) (failure of owners to convey),

20

pargraph 10(3) of Schedule 1 (owners under incapacity),

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

paragraphs 2(3) and 7(2) of Schedule 4 (common land),

           

shall be so modified as to secure that, as against persons with interests in the

land which are expressed to be overridden by the deed, the right which is to

25

be purchased compulsorily is vested absolutely in the acquiring authority.

      (5)  

Section 11 of that Act (powers of entry) shall be so modified as to secure that,

as from the date on which the acquiring authority have served notice to treat

in respect of any right, they have power, exercisable in the like

circumstances and subject to the like conditions, to enter for the purpose of

30

exercising that right (which shall be deemed for this purpose to have been

created on the date of service of the notice); and sections 12 (penalty for

unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s

warrant in the event of obstruction) of that Act shall be modified

correspondingly.

35

      (6)  

Section 20 of that Act (compensation for short term tenants) shall apply with

the modifications necessary to secure that persons with such interests in

land as are mentioned in that section are compensated in a manner

corresponding to that in which they would be compensated on a

compulsory acquisition of the land, but taking into account only the extent

40

(if any) of such interference with such interests as is actually caused, or likely

to be caused, by the exercise of the right in question.

      (7)  

Section 22 of that Act (protection of acquiring authority’s possession of land

where interest accidentally omitted from purchase) shall be so modified as

to enable the acquiring authority, in circumstances corresponding to those

45

referred to in that section, to continue to be entitled to exercise the right

acquired, subject to compliance with that section as respects compensation.

 

 

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

123

 

      (8)  

References in that Act to land are, in appropriate contexts, to be read

(according to the requirements of the particular context) as referring to, or as

including references to—

(a)   

the right acquired or to be acquired, or

(b)   

the land over which the right is, or is to be, exercisable.

5

      (9)  

In the Land Compensation Act 1973 (c. 26), for section 44 there shall be

substituted—

“44     

Compensation for injurious affection

(1)   

Where a right over land is purchased from any person for the

purpose of works which are to be situated partly on that land and

10

partly elsewhere, compensation for injurious affection of land

retained by that person shall be assessed by reference to the whole of

the works and not only the part situated on the land over which the

right is exercisable.

(2)   

In this section, “compensation for injurious affection” means

15

compensation for injurious affection under section 7 or 20 of the

Compulsory Purchase Act 1965 as applied by paragraph 6(2) of

Schedule 6 to the Crossrail Act 2008.”

     (10)  

For section 58 of that Act there shall be substituted—

“58     

Determination of material detriment where right over part of house

20

etc. proposed for compulsory acquisition

(1)   

Subsection (2) applies where the Lands Tribunal is determining

under section 8(1)(c) of the Compulsory Purchase Act 1965, as

applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008,

whether—

25

(a)   

a right over part of a house, building or manufactory can be

taken without material detriment to the house, building or

manufactory, or

(b)   

a right over part of a park or garden belonging to a house can

be taken without seriously affecting the amenity or

30

convenience of the house.

(2)   

The Tribunal shall take into account, not only the effect of the right

on the whole of the house, building or manufactory or of the house

and the park or garden, but also the use to be made of the rights

proposed to be acquired and, in a case where the right is proposed to

35

be acquired for works or other purposes extending to other land, the

effect of the whole of the works and the use to be made of the other

land.”

Limitation of power of acquisition to rights only

8          

In the case of land specified in the following table, the power conferred by

40

section 6(1) shall be exercisable only in relation to the creation and

acquisition of easements or other rights over land for the 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.

45

 

 

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

124

 
 

(1)

(2)

 
 

Area

No. on deposited plans

 
 

London Borough of

10 and 11

 
 

Hammersmith & Fulham

  
 

Royal Borough of Kensington &

3

 

5

 

Chelsea

  
 

City of Westminster

58, 59, 207 and 210

 
 

City of London

15 and 16

 
 

London Borough of Tower

245a, 575, 576, 578 and 579

 
 

Hamlets

  

10

  

678, 679, 700, 703, 706, 710, 718,

 
  

725, 726, 728, 729, 731c, 731d,

 
  

731e, 731f, 736, 742, 746, 747,

 
  

759a, 763, 764, 766, 769, 772, 773

 
  

and 777

 

15

  

821 and 822

 
  

980, 982 and 986

 
 

London Borough of Newham

8g

 
  

42a and 42b

 
  

93, 113 and 116

 

20

  

99, 104 and 109

 
  

123, 135, 144, 165 and 176

 
  

563, 564 and 569

 
  

602, 603, 613 and 614

 
 

London Borough of Greenwich

37, 40, 40a, 40b, 44 and 52

 

25

  

114, 117, 118, 121, 122, 123 and

 
  

129

 
  

116

 
 

London Borough of Bexley

27

 
  

42

 

30

  

84a

 
  

93, 99 and 102

 
 

London Borough of Redbridge

87b, 96 and 96a

 
 

London Borough of Havering

32

 
 

 

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

125

 
 

(1)

(2)

 
 

Area

No. on deposited plans

 
 

Royal Borough of Windsor &

6 and 8

 
 

Maidenhead

  
  

23 and 24

 

5

 

District of South Bucks

2 and 3

 
  

87, 88, 90, 92, 109 and 112

 
  

94, 96 and 100

 
 

Borough of Slough

17 and 25

 
  

28 to 30 and 37

 

10

  

46 to 48

 
  

82 and 85

 
  

169

 
  

217

 
 

London Borough of Hillingdon

1

 

15

  

127a

 
  

143, 147, 148, 158 and 160

 
  

178 and 178a

 
 

London Borough of Ealing

165

 
 

9          

In the case of land specified in the following table, the power conferred by

20

section 6(1) shall be exercisable only in relation to—

(a)   

the creation and acquisition of easements or other rights over land

for access to an existing railway, and

(b)   

where the land is comprised in an existing railway, the creation and

acquisition of easements or other rights over land for the passage of

25

trains, including locomotives and other vehicles carried on flanged

wheels, together with easements and other rights ancillary thereto.

 

(1)

(2)

 
 

Area

No. on deposited plans

 
 

London Borough of Hillingdon

260 to 325

 

30

Limitation of power of acquisition to land of specified description

10         

In the case of land specified in columns (1) and (2) of the following table, the

power conferred by section 6(1) shall be exercisable only in relation to so

 

 

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

126

 

much of the land as falls within the description specified in relation to it in

column (3) of the table—

 

(1)

(2)

(3)

 
 

Area

No. on deposited plans

Description of land

 
   

subject to power of

 

5

   

acquisition

 
 

City of Westminster

79 and 80

Land comprised

 
   

within car park, road

 
   

off Orsett Terrace

 
   

and adjoining

 

10

   

railway facilities.

 
  

96, 102, 103, 124 and 125

Operational works

 
   

and land comprised

 
   

within Paddington

 
   

Station (main line

 

15

   

and underground)

 
   

and road off Praed

 
   

Street.

 
  

105

Basement level of

 
   

building and subsoil

 

20

   

beneath.

 
  

106

Basement level of

 
   

building.

 
  

324, 324a and 324b

Operational works

 
   

and land comprised

 

25

   

within Bond Street

 
   

Station.

 
  

323, 325, 325a, 326a, 328, 339a

Operational works

 
  

and 693 to 709

and land comprised

 
   

within Bond Street

 

30

   

Station together with

 
   

such of the subsoil or

 
   

under-surface of the

 
   

land specified in

 
   

columns (1) and (2) to

 

35

   

which this

 
   

description relates as

 
   

lies beneath that

 
   

station or as lies more

 
   

than 9 metres below

 

40

   

the level of the

 
   

surface of the land.

 
 

 

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

127

 
 

(1)

(2)

(3)

 
 

Area

No. on deposited plans

Description of land

 
   

subject to power of

 
   

acquisition

 
 

London Borough of

8a

Ground floor,

 

5

 

Camden

 

reception area,

 
   

entrance, fire escape

 
   

and paved area

 
   

(Centre Point).

 
 

London Borough of

16

Operational works

 

10

 

Islington

 

and land comprised

 
   

within Farringdon

 
   

Station.

 
  

17

Operational works

 
   

and land comprised

 

15

   

within Farringdon

 
   

Station together with

 
   

such of the subsoil or

 
   

under-surface of the

 
   

land specified in

 

20

   

columns (1) and (2) to

 
   

which this

 
   

description relates as

 
   

lies beneath that

 
   

station or as lies more

 

25

   

than 9 metres below

 
   

the level of the

 
   

surface of the land.

 
  

21

Underground car

 
   

park (Caxton House)

 

30

   

and subsoil beneath.

 
  

22, 23 and 26

Underground car

 
   

parks (Caxton House

 
   

and Snow Hill).

 
  

98

Operational works

 

35

   

and land comprised

 
   

within Moorgate

 
   

Station.

 
 

City of London

5 and 6

Underground car

 
   

park (Snow Hill) and

 

40

   

access road.

 
 

 

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

128

 
 

(1)

(2)

(3)

 
 

Area

No. on deposited plans

Description of land

 
   

subject to power of

 
   

acquisition

 
  

11

Operational works

 

5

   

and land comprised

 
   

within Moorgate

 
   

branch railway

 
   

together with such of

 
   

the subsoil or under-

 

10

   

surface of the land

 
   

specified in columns

 
   

(1) and (2) to which

 
   

this description

 
   

relates as lies beneath

 

15

   

that railway or as lies

 
   

more than 9 metres

 
   

below the level of the

 
   

surface of the land.

 
  

12

Operational works

 

20

   

and land comprised

 
   

within Moorgate

 
   

Branch railway.

 
  

13

Underground car

 
   

park (Smithfield)

 

25

   

and subsoil beneath.

 
  

14

Underground car

 
   

park (Smithfield).

 
  

49

Operational works

 
   

and land comprised

 

30

   

within Barbican

 
   

Station together with

 
   

such of the subsoil or

 
   

under-surface of the

 
   

land specified in

 

35

   

columns (1) and (2) to

 
   

which this

 
   

description relates as

 
   

lies beneath that

 
   

station or as lies more

 

40

   

than 9 metres below

 
   

the level of the

 
   

surface of the land.

 
  

50

Operational works

 
   

and land comprised

 

45

   

within Barbican

 
   

Station.

 
 

 

 
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Revised 28 November 2007