Crossrail Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 4 — Overhead lines: consent
94

(b)
the nominal voltage of that line, and
(c)
whether the application to any extent relates to exercise of the power
conferred by paragraph 3 of Schedule 2.
      (2)
An application for consent under this Schedule shall be accompanied by a
map showing—
5
(a)
the land across which the electric line to which it relates is to be
installed or kept installed, including details of the route of that line,
(b)
the limits of deviation for the scheduled works and the limits of land
to be acquired or used, so far as relevant to the application, and
(c)
if the application to any extent relates to exercise of the power
10
conferred by paragraph 3 of Schedule 2, the extent to which it so
relates.
4
An application for consent under this Schedule shall be supplemented, if the
appropriate Ministers so direct in writing, by such additional information as
may be specified in the direction.
15
Publicity
5     (1)
A person applying for consent under this Schedule shall publish notice of
the application in two successive weeks in one or more local newspapers
circulating in the area in which the land to which the application relates is
situated (or in areas which together include that area).
20
      (2)
A notice under sub-paragraph (1) shall—
(a)
describe the route of the electric line to which the application relates,
(b)
specify a place in the locality where a copy of the application may be
inspected,
(c)
state a time (not being less than 14 days from the date of publication)
25
within which, and the manner in which, objections to the application
may be made to the appropriate Ministers, and
(d)
if it relates to an application by the nominated undertaker, explain
the effect of paragraph 8(2)(b).
      (3)
Sub-paragraph (1) shall not apply to an application for consent under this
30
Schedule which relates only to exercise of the power conferred by paragraph
3 of Schedule 2.
      (4)
If an application for consent under this Schedule relates partly to exercise of
the power conferred by paragraph 3 of Schedule 2, so much of the
application as relates to exercise of that power shall be disregarded for the
35
purposes of sub-paragraphs (1) and (2).
      (5)
If an application for consent under this Schedule is one in relation to which
the applicant is subject to a duty under sub-paragraph (1), the appropriate
Ministers shall not make any decision about the application until they are
satisfied—
40
(a)
that the applicant has performed his duty under that provision, and
(b)
that the time allowed by the notice under that provision for making
objections to the application has expired.

Crossrail Bill
Schedule 4 — Overhead lines: consent
95

Consultation
6     (1)
Within 14 days of receiving an application for consent under this Schedule,
the appropriate Ministers shall invite the relevant planning authority to
make representations and shall not make any decisions about the
application until—
5
(a)
they have received representations from the authority about it,
(b)
they have been informed by the authority that it does not wish to
make any representations about it, or
(c)
28 days have elapsed since the date of the invitation.
      (2)
An invitation under sub-paragraph (1) shall specify the time limit for
10
making representations.
      (3)
For the purposes of this paragraph, the relevant planning authority is—
(a)
in the case of a line in the area of a unitary authority, the local
planning authority, and
(b)
in the case of a line not in the area of a unitary authority, the district
15
planning authority.
7     (1)
If the appropriate Ministers consider that an application for consent under
this Schedule relates to matters which may affect—
(a)
nature conservation,
(b)
the conservation of the natural beauty or amenity of the countryside,
20
or
(c)
a site of archaeological or historic interest,

they shall, within 14 days of receiving the application, also invite the
appropriate body or bodies to make representations.
      (2)
Where under sub-paragraph (1) the appropriate Ministers have invited a
25
body to make representations about an application for consent under this
Schedule, they shall not make any decision about the application until—
(a)
they have received representations from the body about the request,
(b)
they have been informed by the body that it does not wish to make
any representations about the request, or
30
(c)
14 days have elapsed since the date of the invitation.
      (3)
An invitation under sub-paragraph (1) shall specify the time limit for
making representations.
      (4)
For the purposes of this paragraph, the following are appropriate bodies in
relation to the following matters—
35

Matter
Body

Nature conservation.
Natural England.

Conservation of the natural
Natural England.

beauty or amenity of the

countryside.

40

Sites of archaeological or
The Historic Buildings and

historic interest.
Monuments Commission for

England.

Crossrail Bill
Schedule 5 — Temporary possession and use of land
96

Grant of consent
8     (1)
This paragraph applies to an application for consent under this Schedule by
the nominated undertaker.
      (2)
An application to which this paragraph applies may only be refused—
(a)
to the extent that it relates to exercise of the power conferred by
5
paragraph 3 of Schedule 2, on the ground that the electric line ought
to, and could reasonably, be installed elsewhere within the limits
specified, in relation to the diversion concerned, in the third column
of the table in paragraph 3 of Schedule 2, and
(b)
to the extent that it does not relate to the exercise of that power, on
10
the ground that the electric line ought to, and could reasonably, be
installed elsewhere within the limits of deviation for the scheduled
works or within the limits of land to be acquired or used.
9
A consent under this Schedule may include such conditions (including
conditions as to the ownership and operation of the electric line to which it
15
relates) as appear to the appropriate Ministers to be appropriate.
Variation and revocation of consent
10    (1)
A consent under this Schedule may be varied or revoked by the Secretary of
State at any time after the end of such period as may be specified in the
consent.
20
      (2)
The period which may be specified under sub-paragraph (1) shall not be less
than 10 years from the date of installation of the electric line to which the
consent relates.
Duration of consent
11
Subject to paragraph 10, a consent under this Schedule shall continue in
25
force for such period as may be specified in or determined by or under the
consent.
Interpretation
12
In this Schedule, references to the appropriate Ministers are to the Secretary
of State for Business, Enterprise and Regulatory Reform and the Secretary of
30
State for Transport acting jointly.
Schedule 5
Section 5

Temporary possession and use of land
Occupation and use for construction of works
1     (1)
The nominated undertaker may, in connection with the construction of the
35
works specified in column (1) of the following table (or any works which are
necessary or expedient for the purposes of or in connection with those
works)—

Crossrail Bill
Schedule 5 — Temporary possession and use of land
97

(a)
enter upon and take possession of the land specified in relation to
those works in columns (2) and (3) of that table for such purposes as
are so specified in column (4) of that table, and
(b)
for such purposes as are so specified—
(i)
remove from the land any structure or vegetation, and
5
(ii)
construct on the land temporary works (including the
provision of means of access) and structures.

(1)
(2)
(3)
(4)

Works
Area
Number of
Purpose for which

land shown
temporary possession

10

on deposited
may be taken

plans

1/3A and 1/3B
City of
217
The provision of a

Westminster

working site.

1/3A and 1/3B

451
The provision of a

15

working site.

1/3A and 1/3B

692
The provision of a

working site.

1/9D

30c
The provision of a

working site.

20

1/3A and 1/3B
City of
104a and
The provision of a

London
104b
working site.

1/3A and 1/3B

104c
The provision of a

working site.

Proposed Whitechapel
London
245b
The provision of

25

Station comprised in
Borough of

access for

Works Nos. 1/3A and
Tower

construction.

1/3B
Hamlets

Any of the works
London
972 and 976
The provision of

authorised by this Act
Borough of

access and a

30

Tower

working site.

Hamlets

Any of the works

753, 774,
The provision of

authorised by this Act

775, 788, 789
access and barge

and 796
loading facilities.

35

1/7, 1/33A and 1/33B
London
160, 165 and
The provision of a

Borough of
170
working site.

Greenwich

Any of the works
London
83a
The provision of a

authorised by this Act
Borough of

working site.

40

Bexley

Crossrail Bill
Schedule 5 — Temporary possession and use of land
98

(1)
(2)
(3)
(4)

Works
Area
Number of
Purpose for which

land shown
temporary possession

on deposited
may be taken

plans

5

The provision of
Royal
62 and 72
The provision of a

overhead
Borough of

working site and

electricification
Windsor &

access for

equipment and works
Maidenhead

construction.

to Maidenhead Bridge

10

3/3A
Borough of
81
The provision of

Slough

access and a

working site.

3/6

172 and 173
The provision of a

working site.

15

3/7A and 3/7B

187
The provision of a

working site.

The provision and
London
111
The provision of a

renewal of railway
Borough of

working site.

systems and station
Ealing

20

facilities for

operational purposes

(Ealing Broadway

Station)

      (2)
Not less than 28 days before entering upon and taking possession of land
25
under this paragraph, the nominated undertaker shall give notice to the
owners and occupiers of the land of its intention to do so.
      (3)
The nominated undertaker may not remain in possession of any land under
this paragraph after the end of the period of one year beginning with the
date of completion of the works specified in relation to the land in column
30
(1) of the table in sub-paragraph (1) unless the owners of the land agree.
      (4)
The nominated undertaker shall pay compensation to the owners and
occupiers of land of which possession is taken under this paragraph for any
loss which they may suffer by reason of the exercise in relation to the land of
the power or powers conferred by this paragraph.
35
      (5)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (4), or as to the amount of compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
      (6)
Nothing in this paragraph shall affect any liability to pay compensation
40
under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied
to the acquisition of land under section 6(1), or under any other enactment,
otherwise than for loss for which compensation is payable under sub-
paragraph (4).
      (7)
In this paragraph, “structure” includes any erection.
45

Crossrail Bill
Schedule 5 — Temporary possession and use of land
99

2     (1)
Before giving up possession of land of which possession has been taken
under paragraph 1, the nominated undertaker shall, in accordance with a
scheme agreed with the owners of the land and the relevant planning
authority, put the land into such condition as the scheme may provide.
      (2)
If, in relation to any land of which possession has been taken under
5
paragraph 1, no scheme has been agreed for the purposes of this paragraph
within 6 months of the date of completion of the works specified in relation
to the land in column (1) of the table in paragraph 1(1), the scheme shall be
such as may be determined by the appropriate Ministers after consultation
with the nominated undertaker, the owners of the land and the relevant
10
planning authority.
      (3)
Unless the owners of the land and the nominated undertaker otherwise
agree, a scheme determined under sub-paragraph (2) shall provide for land
to be restored to its former condition.
      (4)
Unless the nominated undertaker otherwise agrees, a scheme determined
15
under sub-paragraph (2) shall not provide for the nominated undertaker to
replace any structure removed under paragraph 1, other than a fence.
      (5)
Where the appropriate Ministers ask the relevant planning authority for
assistance in connection with the carrying out by them of their function
under sub-paragraph (2), they may require the nominated undertaker to
20
reimburse to the planning authority any expenses which it reasonably incurs
in meeting the request.
      (6)
The duty under sub-paragraph (1) in relation to any land shall be owed
separately to the owners of the land and to the relevant planning authority.
      (7)
Where a scheme for the purposes of this paragraph provides for any step to
25
be taken by the nominated undertaker before a specified date and that step
has not been taken before that date, the relevant planning authority may—
(a)
enter the land concerned and take that step, and
(b)
require the nominated undertaker to reimburse to it any expenses
which it reasonably incurs in acting under paragraph (a).
30
      (8)
In this paragraph—
“appropriate Ministers” means the Secretary of State for Communities
and Local Government and the Secretary of State for Transport
acting jointly;
“relevant planning authority” means—
35
(a)
in relation to land in the area of a unitary authority, the local
planning authority;
(b)
in relation to land not in the area of a unitary authority, the
district planning authority;
“structure” includes any erection.
40
3     (1)
The nominated undertaker may use any road situated on land specified in
the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles
(with or without materials, plant and machinery) for the purpose of or in
connection with the construction of the works authorised by this Act.
      (2)
The nominated undertaker shall compensate the person having the
45
management of a road to which sub-paragraph (1) applies for any loss which
he may suffer by reason of the exercise of the power conferred by that sub-
paragraph.

Crossrail Bill
Schedule 5 — Temporary possession and use of land
100

      (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
determined under and in accordance with Part 1 of the Land Compensation
Act 1961 (c. 33).
Occupation and use for maintenance of works
5
4     (1)
At any time during the maintenance period relating to any of the scheduled
works, the nominated undertaker may—
(a)
enter upon and take possession of any land which is—
(i)
within 20 metres from that work, and
(ii)
within the limits of deviation for the scheduled works or the
10
limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in
connection with maintaining the work or any ancillary works
connected with it, and
(b)
construct on the land such temporary works (including the provision
15
of means of access) and structures as may be reasonably so required.
      (2)
Sub-paragraph (1) shall not authorise the nominated undertaker to take
possession of—
(a)
a house, any other structure which is for the time being occupied, or
a garden belonging to a house,
20
(b)
land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule
6, or
(c)
such of the land specified in columns (1) and (2) of the table in
paragraph 10 of Schedule 6 as falls outside the description specified
in relation to it in column (3) of the table.
25
      (3)
Not less than 28 days before entering upon and taking possession of land
under this paragraph, the nominated undertaker shall give notice to the
owners and occupiers of the land of its intention to do so.
      (4)
The nominated undertaker may only remain in possession of land under this
paragraph for so long as may be reasonably required to carry out the
30
maintenance works for which possession of the land was taken.
      (5)
Before giving up possession of land of which possession has been taken
under this paragraph, the nominated undertaker shall restore the land to the
reasonable satisfaction of the owners of the land.
      (6)
The nominated undertaker shall pay compensation to the owners and
35
occupiers of land of which possession is taken under this paragraph for any
loss which they may suffer by reason of the exercise in relation to the land of
the powers conferred by this paragraph.
      (7)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (6), or as to the amount of the compensation, shall be determined
40
under and in accordance with Part 1 of the Land Compensation Act 1961.
      (8)
Nothing in this paragraph shall affect any liability to pay compensation
under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied
to the acquisition of land under section 6(1), or under any other enactment,
otherwise than for loss for which compensation is payable under sub-
45
paragraph (6).