|
| |
| |
(b) | provide for that Part to have effect in relation to that development |
| |
with such modifications as he may specify in the directions. |
| |
(4) | Directions under sub-paragraph (2) or (3) may— |
| |
(a) | be given after, as well as before, commencement of the development |
| |
| 5 |
(b) | cancel or vary previous directions under that sub-paragraph; |
| |
(c) | include transitional provision or savings. |
| |
(5) | The Secretary of State shall— |
| |
(a) | publish any directions under sub-paragraph (2) or (3) in such |
| |
manner as he thinks appropriate, and |
| 10 |
(b) | give copies of any such directions to the owners and occupiers of the |
| |
land to which the deemed planning permission relates and to the |
| |
relevant planning authority. |
| |
(6) | The reference in sub-paragraph (5)(b) to the relevant planning authority is— |
| |
(a) | in the case of directions relating to development in the area of a |
| 15 |
unitary authority, to the local planning authority; |
| |
(b) | in the case of directions relating to development not in the area of a |
| |
unitary authority, to the district planning authority. |
| |
(7) | Section 78 of the Town and Country Planning Act 1990 (c. 8) (right to appeal |
| |
against planning decisions and failure to take such decisions) shall apply in |
| 20 |
relation to an application for any consent, agreement or approval required |
| |
by a condition imposed by directions under sub-paragraph (2) as it applies |
| |
in relation to an application for any consent, agreement or approval required |
| |
by a condition imposed on a grant of permission under Part 3 of that Act. |
| |
| 25 |
“deemed planning permission” means the planning permission |
| |
deemed by section 10 to be granted; |
| |
“development” has the same meaning as in the Town and Country |
| |
| |
| 30 |
| |
| |
| |
Protection for highways and traffic |
| |
1 (1) | The following provisions of this Part shall, unless otherwise agreed in |
| |
writing between the nominated undertaker and the highway authority |
| 35 |
concerned, have effect for the protection of highway authorities. |
| |
| |
"plans" includes sections and specifications; and |
| |
"property of the highway authority" means any apparatus of the |
| |
highway authority affixed to or placed under any highway. |
| 40 |
(3) | Part 3 of the New Roads and Street Works Act 1991 (c. 22) shall not apply in |
| |
relation to any matter which is regulated by this Part. |
| |
| |
| |
|
| |
| |
2 | Wherever in this Part provision is made with respect to the approval or |
| |
consent of the highway authority, that approval or consent shall be in |
| |
writing and subject to such reasonable terms and conditions as the highway |
| |
authority may require, but shall not be unreasonably withheld. |
| |
3 | In exercising the powers conferred by this Act in relation to any highway the |
| 5 |
nominated undertaker shall have regard to the potential disruption of traffic |
| |
which may be caused and shall seek to minimise such disruption so far as is |
| |
| |
4 | The nominated undertaker shall not, without the consent of the highway |
| |
authority, construct any part of the works authorised by this Act under and |
| 10 |
within 8 metres of the surface of any highway which comprises a |
| |
carriageway except in accordance with plans submitted to, and approved |
| |
by, the highway authority; and if within 28 days after such plans have been |
| |
submitted the highway authority has not approved or disapproved them, it |
| |
shall be deemed to have approved the plans as submitted. |
| 15 |
5 | In the construction of any part of the said works under a highway no part of |
| |
it shall, except with the consent of the highway authority, be so constructed |
| |
as to interfere with the provision of proper means of drainage of the surface |
| |
of the highway or be nearer than two metres to the surface of the highway. |
| |
6 (1) | The provisions of this paragraph have effect in relation to, and to the |
| 20 |
construction of, any new bridge, or any extension or alteration of an existing |
| |
bridge, carrying any part of the works authorised by this Act over a highway |
| |
or carrying a highway over any part of those works; and any such new |
| |
bridge, or (as the case may be) any bridge so extended or altered, is in this |
| |
paragraph referred to as "the bridge". |
| 25 |
(2) | Before commencing the construction of, or the carrying out of any work in |
| |
connection with, the bridge which involves interference with a highway, the |
| |
nominated undertaker shall submit to the highway authority for its |
| |
approval plans, drawings and particulars (in this paragraph referred to as |
| |
"plans") relating thereto, and the bridge shall not be constructed and the |
| 30 |
works shall not be carried out except in accordance with the plans submitted |
| |
to, and approved by, the highway authority. |
| |
(3) | If within 28 days after the plans have been submitted the highway authority |
| |
has not approved or disapproved them, it shall be deemed to have approved |
| |
| 35 |
(4) | If the bridge carries any part of the works authorised by this Act over any |
| |
| |
(a) | it shall be constructed in such manner as to prevent so far as may be |
| |
reasonably practicable the dripping of water from the bridge, and |
| |
(b) | the highway authority may, at the cost of the nominated undertaker, |
| 40 |
provide and place such lamps and apparatus as may from time to |
| |
time be reasonably necessary for efficiently lighting any highway |
| |
under or in the vicinity of the bridge. |
| |
7 | The nominated undertaker shall secure that so much of the works |
| |
authorised by this Act as is constructed under any highway shall be so |
| 45 |
designed, constructed and maintained as to carry the appropriate loading |
| |
recommended for highway bridges by the Secretary of State at the time of |
| |
construction of the works, and the nominated undertaker shall indemnify |
| |
the highway authority against, and make good to the highway authority, the |
| |
| |
| |
|
| |
| |
expenses which the highway authority may reasonably incur in the |
| |
maintenance or repair of any highway, or any tunnels, sewers, drains or |
| |
apparatus therein, by reason of non-compliance with the provisions of this |
| |
| |
8 | Any officer of the highway authority duly appointed for the purpose may at |
| 5 |
all reasonable times, on giving to the nominated undertaker such notice as |
| |
may in the circumstances be reasonable, enter upon and inspect any part of |
| |
the works authorised by this Act which— |
| |
(a) | is in, over or under any highway, or |
| |
(b) | which may affect any highway or any property of the highway |
| 10 |
| |
| during the carrying out of the work, and the nominated undertaker shall |
| |
give to such officer all reasonable facilities for such inspection and, if he shall |
| |
be of the opinion that the construction of the work is attended with danger |
| |
to any highway or to any property of the highway authority on or under any |
| 15 |
highway, the nominated undertaker shall adopt such measures and |
| |
precautions as may be reasonably practicable for the purpose of preventing |
| |
any damage or injury to the highway. |
| |
9 (1) | The nominated undertaker shall not alter, disturb or in any way interfere |
| |
with any property of the highway authority on or under any highway, or the |
| 20 |
access thereto, without the consent of the highway authority, and any |
| |
alteration, diversion, replacement or reconstruction of any such property |
| |
which may be necessary shall be made by the highway authority or the |
| |
nominated undertaker as the highway authority thinks fit, and the expense |
| |
reasonably incurred by the highway authority in so doing shall be repaid to |
| 25 |
the highway authority by the nominated undertaker. |
| |
(2) | If within 28 days after a request for consent has been submitted the highway |
| |
authority has not given or refused such consent, it shall be deemed to have |
| |
consented to the request as submitted. |
| |
10 | The nominated undertaker shall not remove any soil or material from any |
| 30 |
highway except so much as must be excavated in the carrying out of the |
| |
works authorised by this Act. |
| |
11 (1) | If the highway authority, after giving to the nominated undertaker not less |
| |
than 28 days' notice (or, in case of emergency, such notice as is reasonably |
| |
practicable) of its intention to do so, incurs any additional expense in the |
| 35 |
signposting of traffic diversions or the taking of other measures in relation |
| |
thereto, or in the repair of any highway by reason of the diversion thereto of |
| |
traffic from a road of a higher standard, in consequence of the construction |
| |
of the works authorised by this Act, the nominated undertaker shall repay |
| |
to the highway authority the amount of any such expense reasonably so |
| 40 |
| |
(2) | An amount which apart from this sub-paragraph would be payable to the |
| |
highway authority by virtue of this paragraph in respect of the repair of any |
| |
highway shall, if the highway fell or would have fallen due for repair as part |
| |
of the maintenance programme of the highway authority at any time within |
| 45 |
ten years of the repair being carried out by the nominated undertaker, so as |
| |
to confer on the highway authority financial benefit (whether by securing |
| |
the completion of overdue maintenance work for which the highway |
| |
authority is liable or by deferment of the time for such work in the ordinary |
| |
course), be reduced by the amount which represents that benefit. |
| 50 |
| |
| |
|
| |
| |
12 (1) | The nominated undertaker shall not, except with the consent of the highway |
| |
authority, deposit any soil or materials, or stand any plant, on or over any |
| |
highway so as to obstruct or render less safe the use of the highway by any |
| |
person, or, except with the like consent, deposit any soil or materials on any |
| |
highway outside a hoarding, but if within 28 days after request for it any |
| 5 |
such consent is neither given nor refused it shall be deemed to have been |
| |
| |
(2) | The expense reasonably incurred by the highway authority in removing any |
| |
soil or materials deposited on any highway in contravention of this |
| |
paragraph shall be repaid to the highway authority by the nominated |
| 10 |
| |
13 | The nominated undertaker shall not, except with the consent of the highway |
| |
authority, erect or retain on or over a highway to which the public continues |
| |
to have access any scaffolding or other structure which obstructs the |
| |
highway, unless the structure comprises screening which has been |
| 15 |
approved under Schedule 7, but if within 28 days after a request for it such |
| |
consent is neither given nor refused it shall be deemed to have been given. |
| |
14 | The nominated undertaker shall, if reasonably so required by the highway |
| |
authority, provide and maintain to the reasonable satisfaction of the |
| |
highway authority, during such time as the nominated undertaker may |
| 20 |
occupy any part of a highway for the purpose of the construction of any part |
| |
of the works authorised by this Act, temporary bridges and temporary |
| |
ramps for vehicular or pedestrian traffic over any part of the works or in |
| |
such other position as may be necessary to prevent undue interference with |
| |
the flow of traffic in the highway. |
| 25 |
15 (1) | Where any part of any highway has been broken up or disturbed by the |
| |
nominated undertaker and not permanently stopped up or diverted, the |
| |
nominated undertaker shall make good the subsoil, foundations and surface |
| |
of that part of the highway to the reasonable satisfaction of the highway |
| |
authority, and shall maintain the same to the reasonable satisfaction of the |
| 30 |
highway authority for such time as may reasonably be required for the |
| |
permanent reinstatement of the highway. |
| |
(2) | The reinstatement of that part of the highway shall be carried out by the |
| |
nominated undertaker to the reasonable satisfaction of the highway |
| |
authority in accordance with such requirements as to specification of |
| 35 |
material and standards of workmanship as may be prescribed for equivalent |
| |
reinstatement work by regulations made under section 71 of the New Roads |
| |
and Street Works Act 1991 (c. 22). |
| |
16 | If any damage to any highway or any property of the highway authority on |
| |
or under any highway is caused by, or results from, the construction of any |
| 40 |
work authorised by this Act or any act or omission of the nominated |
| |
undertaker, its contractors, agents or employees whilst engaged upon such |
| |
work, the nominated undertaker may, in the case of damage to a highway, |
| |
make good such damage to the reasonable satisfaction of the highway |
| |
authority and, where the nominated undertaker does not make good, or in |
| 45 |
the case of damage to property of the highway authority, the nominated |
| |
undertaker shall make compensation to the highway authority. |
| |
17 | The fact that any act or thing may have been done in accordance with plans |
| |
approved by the highway authority shall not (if it was not attributable to the |
| |
act, neglect or default of the highway authority or of any person in its |
| 50 |
| |
| |
|
| |
| |
employ or its contractors or agents) exonerate the nominated undertaker |
| |
from any liability, or affect any claim for damages, under this Part or |
| |
| |
18 (1) | Any dispute arising between the nominated undertaker and the highway |
| |
authority under this Part shall be determined by arbitration if— |
| 5 |
(a) | the parties agree, or |
| |
(b) | the dispute relates to the amount of any sum payable under this Part, |
| |
| but shall otherwise by determined by a person appointed by the Secretary of |
| |
| |
(2) | Any person appointed by the Secretary of State under sub-paragraph (1) |
| 10 |
shall, in determining any dispute arising under this Part, have regard to such |
| |
matters as may be specified by the Secretary of State on making the |
| |
| |
| |
Protection for electricity, gas, water and sewerage undertakers |
| 15 |
1 (1) | The following provisions of this Part shall, unless otherwise agreed in |
| |
writing between the nominated undertaker, or the Secretary of State as the |
| |
case may be, and the undertakers concerned, have effect. |
| |
| |
"alternative apparatus" means alternative apparatus adequate to enable |
| 20 |
the undertakers to fulfil their functions as effectively as is achievable |
| |
using the apparatus which the alternative apparatus is to replace; |
| |
| |
(a) | in the case of electricity undertakers, electric lines or electrical |
| |
plant (as defined in the Electricity Act 1989 (c. 29) ) belonging |
| 25 |
to, or maintained by, such undertakers; |
| |
(b) | in the case of gas undertakers, mains, pipes or other |
| |
apparatus belonging to, or maintained by, a gas transporter |
| |
for the purposes of the conveyance or storage of gas; |
| |
(c) | in the case of water undertakers, mains, pipes or other |
| 30 |
apparatus belonging to, or maintained by, such undertakers |
| |
for the purposes of water supply; and |
| |
(d) | in the case of sewerage undertakers, any sewer, drain or |
| |
works vested in a sewerage undertaker under the Water |
| |
Industry Act 1991 (c. 56) and includes a sludge main, disposal |
| 35 |
main (within the meaning of section 219 of that Act) or sewer |
| |
outfall and any manholes, ventilating shafts, pumps or other |
| |
accessories forming part of any such sewer, drain or works; |
| |
(not being, except in paragraph 9(3) and 10, apparatus in respect of |
| |
which the relations between the nominated undertaker and the |
| 40 |
undertakers are regulated by the provisions of Part 3 of the New |
| |
Roads and Street Works Act 1991 (c. 22)) and includes any structure |
| |
for the lodging therein of apparatus or for giving access to apparatus; |
| |
"construction" includes execution, placing, altering, replacing, relaying |
| |
and removal and, in its application to works which include or |
| 45 |
comprise any operation, means the carrying out of that operation; |
| |
"functions" includes powers and duties; |
| |
| |
| |
|
| |
| |
"in" in a context referring to apparatus in land includes under, over, |
| |
across, along or upon land; |
| |
"plans" includes sections and method statements; |
| |
"service obligations" means any service obligation imposed on the |
| |
undertakers by or under the enactments authorising them to carry on |
| 5 |
their respective undertakings; and |
| |
"undertakers" means any of the following, namely, a licence holder |
| |
within the meaning of Part 1of the Electricity Act 1989 (c. 29), a gas |
| |
transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44), |
| |
a water undertaker within the meaning of the Water Industry Act |
| 10 |
1991 (c. 56), a sewerage undertaker within Part 1 of that Act and any |
| |
local authority which is a relevant authority for the purposes of |
| |
section 97 of that Act; and, in relation to any apparatus, means the |
| |
undertaker to whom it belongs or by whom it is maintained. |
| |
2 (1) | The following provisions of this paragraph have effect in any case where the |
| 15 |
Secretary of State or the nominated undertaker, in exercise of the powers of |
| |
this Act, acquires any interest in or temporarily occupies any land in which |
| |
| |
(2) | Unless a certificate is issued by the appropriate Ministers under sub- |
| |
paragraph (3) the apparatus shall not be removed under this Part, and any |
| 20 |
right of the undertakers to maintain, repair, renew, adjust, alter or inspect |
| |
the apparatus in that land shall not be extinguished until any necessary |
| |
alternative apparatus has been constructed and is in operation to the |
| |
reasonable satisfaction of the undertakers. |
| |
(3) | Where the appropriate Ministers certify in relation to any apparatus that— |
| 25 |
(a) | failure to remove the apparatus would cause undue delay to the |
| |
construction of the scheduled works, and |
| |
(b) | the removal of the apparatus before the provision of alternative |
| |
apparatus in accordance with this paragraph would not |
| |
substantially prejudice the ability of the undertakers to meet any |
| 30 |
relevant service obligations, |
| |
| that apparatus may be removed (or required by the nominated undertaker |
| |
to be removed) under this Part before any necessary alternative apparatus |
| |
has been constructed or is in operation to the reasonable satisfaction of the |
| |
| 35 |
(4) | In this paragraph "appropriate Ministers" means the Secretary of State for |
| |
Transport acting jointly with either the Secretary of State for Environment, |
| |
Food and Rural Affairs or the Secretary of State for Business, Enterprise and |
| |
| |
3 (1) | This paragraph applies where— |
| 40 |
(a) | the nominated undertaker for the purpose of constructing any work |
| |
authorised by this Act in, on or under any land, requires the removal |
| |
of any apparatus placed in that land, and gives the undertakers not |
| |
less than 28 days' written notice of that requirement, together with a |
| |
plan of the proposed work, and of the proposed position of the |
| 45 |
alternative apparatus to be provided or constructed, or |
| |
(b) | in consequence of the exercise of any of the powers of this Act, the |
| |
undertakers reasonably require to remove any apparatus. |
| |
(2) | Subject to sub-paragraph (3), the nominated undertaker or the Secretary of |
| |
State shall afford the undertakers the requisite facilities and rights for the |
| 50 |
| |
| |
|
| |
| |
construction of any necessary alternative apparatus in other land which is |
| |
available for the purpose and which is held or used, or intended for use, by |
| |
the nominated undertaker for the purposes of its undertaking under this Act |
| |
or held by the Secretary of State, or in which either of them has sufficient |
| |
rights or interests and thereafter for the maintenance, repair, renewal and |
| 5 |
inspection of such apparatus. |
| |
(3) | Sub-paragraph (4) applies where facilities and rights required for the |
| |
construction of apparatus under sub-paragraph (2) are to be afforded |
| |
elsewhere than in such other land and neither the nominated undertaker nor |
| |
the Secretary of State is able to afford such facilities and rights. |
| 10 |
(4) | The undertakers shall, on receipt of a written notice from the nominated |
| |
undertaker that this sub-paragraph applies, forthwith use their best |
| |
endeavours to obtain the necessary facilities and rights; and neither the |
| |
nominated undertaker nor the Secretary of State shall be under an obligation |
| |
as to the provision of such facilities and rights in the other land. |
| 15 |
4 (1) | Any alternative apparatus to be constructed by the undertakers in |
| |
pursuance of paragraph 3 in land held or used, or intended for use, by the |
| |
nominated undertaker for the purposes of its undertaking under this Act or |
| |
held by the Secretary of State, or in which the undertakers have obtained the |
| |
necessary facilities and rights, shall be constructed in such manner, and in |
| 20 |
such line or situation and in accordance with such programme, as is— |
| |
(a) | agreed between the undertakers and the nominated undertaker with |
| |
a view to securing, among other things, the efficient implementation |
| |
of the necessary work, the avoidance of unnecessary delay and the |
| |
continued fulfilment by the undertakers of their service obligations |
| 25 |
to a standard no less than that achieved prior to the removal of the |
| |
apparatus which the alternative apparatus replaces or, |
| |
(b) | in default of agreement, determined in accordance with paragraph |
| |
| |
(2) | If the undertakers fail to comply with an agreement made under sub- |
| 30 |
paragraph (1), or with a determination under paragraph 13, they shall be |
| |
liable to compensate the nominated undertaker in respect of any loss or |
| |
damage (other than loss of, or arising from delayed receipt of, operating |
| |
revenue due to delayed opening of Crossrail) directly resulting from the |
| |
| 35 |
5 (1) | The undertakers shall, after— |
| |
(a) | the manner of construction and the line and situation of any |
| |
necessary alternative apparatus have been agreed or determined as |
| |
| |
(b) | any such facilities and rights as are referred to in paragraph 3 have |
| 40 |
been granted to or obtained by the undertakers, or an undertaking |
| |
has been given that such facilities or rights will be granted, |
| |
| proceed with all reasonable despatch to construct and bring into operation |
| |
the alternative apparatus and to remove any apparatus required by the |
| |
nominated undertaker to be removed under the provisions of this Part and, |
| 45 |
in default, the nominated undertaker may remove that apparatus. |
| |
(2) | Following the removal of that apparatus under the provisions of this Part or |
| |
abandonment any rights of the undertakers relating to that apparatus in or |
| |
over the land in which it was or is situated shall be extinguished. |
| |
| |
| |
|
