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Crossrail Bill


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with the nominated undertaker’s notice which have not been withdrawn.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.

 

 

Crossrail Bill
Schedule 3 — Highways

75

 

      (3)  

If a highway authority which receives an application for consent under sub-

paragraph (1) fails to notify the applicant of its decision on the application

before the end of the period of 28 days beginning with the date on which the

application was made, it shall be deemed to have granted it.

Temporary interference

5

5     (1)  

For the purposes of the works authorised by this Act, the nominated

undertaker may—

(a)   

temporarily stop up or alter or divert any highway or part of a

highway,

(b)   

for any reasonable time divert traffic from, and prevent persons

10

passing along, any highway or part of a highway, and

(c)   

break up or interfere with any highway or part of a highway

(including any sewer, drain or tunnel in it).

      (2)  

The nominated undertaker shall provide reasonable access for pedestrians

going to or from premises abutting on a highway affected by the exercise of

15

the powers conferred by sub-paragraph (1) if there would otherwise be no

such access.

      (3)  

Before exercising the powers conferred by sub-paragraph (1) in relation to a

highway and to an extent specified in the following table, the nominated

undertaker shall consult the highway authority about the exercise of the

20

powers.

 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
 

City of Westminster

Westbourne Park

Between points T1 and

 

25

  

Passage

T2

 
  

Harrow Road

Between points T1 and

 
   

T2

 
  

Westbourne Park

Between points T3 and

 
  

Villas

T4

 

30

  

Bishop’s Bridge Road

Within the relevant

 
   

limits

 
  

Eastbourne Terrace

Entire length

 
 

 

Cleveland Terrace

Within the relevant

 
   

limits

 

35

  

Chilworth Street

Within the relevant

 
   

limits

 
  

South Wharf Road

Within the relevant

 
   

limits

 
  

Praed Street

Within the relevant

 

40

   

limits

 
 

 

Crossrail Bill
Schedule 3 — Highways

76

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Craven Road

Within the relevant

 
   

limits

 

5

  

Westbourne Terrace

Within the relevant

 
   

limits

 
  

Chilworth Mews

Entire length

 
  

Eastbourne Mews

Entire length

 
  

Spring Street

Between points T1 and

 

10

   

T2

 
  

Bayswater Road

Between points T1 and

 
   

T2

 
  

Park Lane

Between points T4 and

 
   

T5 and points T5 and

 

15

   

T6

 
  

Pedestrian subway

Between points T1, T2

 
  

between western and

and T3

 
  

eastern sides of Park

  
  

Lane

  

20

  

Weighhouse Street

Between points T1 and

 
   

T2

 
  

Gilbert Street

Between points T1 and

 
   

T3

 
  

St. Anselm’s Place

Entire length

 

25

  

Davies Street

Within the relevant

 
   

limits

 
  

South Molton Lane

Between points T4 and

 
   

T5

 
  

Stratford Place

Within the relevant

 

30

   

limits

 
  

Marylebone Lane

Within the relevant

 
   

limits

 
  

Dering Street

Within the relevant

 
   

limits

 

35

  

New Bond Street

Within the relevant

 
   

limits

 
  

Brook Street

Within the relevant

 
   

limits

 
  

Tenterden Street

Entire length

 

40

  

Hanover Square

Entire length

 
 

 

Crossrail Bill
Schedule 3 — Highways

77

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Princes Street

Within the relevant

 
   

limits

 

5

  

St George Street

Within the relevant

 
   

limits

 
  

Wardour Street

Between points T5 and

 
   

T6

 
  

Hollen Street

Within the relevant

 

10

   

limits

 
  

Sheraton Street

Within the relevant

 
   

limits

 
  

Oxford Street

Within the relevant

 
   

limits

 

15

  

Newman Street

Within the relevant

 
   

limits

 
  

Great Chapel Street

Entire length

 
  

Diadem Court

Entire length

 
  

Fareham Street

Entire length

 

20

  

Dean Street

Within the relevant

 
   

limits

 
  

Soho Square

Between points T1 and

 
   

T2

 
  

Carlisle Street

Entire length

 

25

  

Falconberg Mews

Entire length

 
  

Sutton Row

Entire length

 
  

Greek Street

Within the relevant

 
   

limits

 
  

Manette Street

Entire length

 

30

  

Goslett Yard

Entire length

 
 

City of Westminster

Tottenham Court

Within the relevant

 
 

and London Borough

Road

limits

 
 

of Camden

   
  

Charing Cross Road

Within the relevant

 

35

   

limits

 
  

St Giles Circus

Entire length

 
 

London Borough of

New Oxford Street

Within the relevant

 
 

Camden

 

limits

 
  

Earnshaw Street

Entire length

 

40

 

 

Crossrail Bill
Schedule 3 — Highways

78

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Denmark Street

Entire length

 
  

Denmark Place

Between points T5 and

 

5

   

T6

 
  

St Giles High Street

Between points T3 and

 
   

T4

 
  

Fisher Street

Entire length

 
  

Southampton Row

Between points T1 and

 

10

   

T2

 
  

Catton Street

Entire length

 
  

Red Lion Square

Between points T3 and

 
   

T4

 
  

Drake Street

Between points T5 and

 

15

   

T3

 
 

London Boroughs of

Farringdon Road

Within the relevant

 
 

Camden and Islington

 

limits

 
 

City of London

Farringdon Street

Within the relevant

 
   

limits

 

20

  

West Smithfield

Within the relevant

 
   

limits

 
  

Snow Hill

Within the relevant

 
   

limits

 
  

Long Lane

Within the relevant

 

25

   

limits

 
  

Lindsey Street

Entire length

 
  

Hayne Street

Between points T3 and

 
   

P4

 
  

Aldersgate Street

Within the relevant

 

30

   

limits

 
  

Eldon Street

Entire length

 
  

London Wall

Within the relevant

 
   

limits

 
  

Fore Street Avenue

Between points T1 and

 

35

   

T2

 
  

Silk Street

Within the relevant

 
   

limits

 
  

Moor Lane

Between points T3 and

 
   

T4

 

40

  

Moorfields

Entire length

 
 

 

Crossrail Bill
Schedule 3 — Highways

79

 
 

(1)

(2)

(3)

 
 

Area

Highway or part to be

Extent of temporary

 
  

stopped up

stopping up

 
  

Moor Place

Entire length

 
  

Keats Place

Entire length

 

5

  

Moorgate

Within the relevant

 
   

limits

 
  

Finsbury Circus

Within the relevant

 
   

limits

 
  

Circus Place

Entire length

 

10

  

Blomfield Street

Entire length

 
  

Broad Street Avenue

Entire length

 
  

Liverpool Street

Entire length

 
  

Old Broad Street

Within the relevant

 
   

limits

 

15

  

Wormwood Street

Entire length

 
  

Bishopsgate

Within the relevant

 
   

limits

 
  

Camomile Street

Within the relevant

 
   

limits

 

20

  

Grand Avenue

Within the relevant

 
   

limits

 
  

Eldon Street

Within the relevant

 
   

limits

 
 

London Boroughs of

Charterhouse Street

Within the relevant

 

25

 

Islington and Camden

 

limits

 
 

and City of London

   
 

London Borough of

Charterhouse Square

Entire length

 
 

Islington and City of

   
 

London

   

30

  

Carthusian Street

Entire length

 
  

Ropemaker Street

Within the relevant

 
   

limits

 
  

South Place

Entire length

 
 

London Borough of

St John Street

Within the relevant

 

35

 

Islington

 

limits

 
  

Finsbury Pavement

Within the relevant

 
   

limits

 
  

Finsbury Street

Within the relevant

 
   

limits

 

40

 

 

 
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