Construction of bridges
11
.
Notwithstanding any other provision of this Order or any enactment or rule of law the Company may, in constructing and maintaining Work No 1, reconstruct, renew or alter any of the bridges carrying the railway over the streets specified in Part II of Schedule 1 to this Order so that such bridges have no greater height above those streets than they had on the date of application for this Order under section 6 of the Act.
Agreements with street authorities
12
.
- (1) A street authority and the Company may enter into agreements with respect to -
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(a) the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order,
(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under a railway,
(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order, or
(d) the execution in the street of any of the works referred to in article 6(1) above.
(2) Such an agreement may, without prejudice to the generality of paragraph (1) above-
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(a) make provision for the street authority to carry out any function under this Order which relates to the street in question, and
(b) contain such terms as to payment and otherwise as the parties consider appropriate.
Discharge of water
13
.
- (1) The Company may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the limits, make openings into, and connections with, the watercourse, sewer or drain.
(2) The Company shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
(3) The Company shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
(4) The Company shall not, in the exercise of the powers conferred by this article, damage or interfere with the beds or banks of any watercourse forming part of a main river.
(5) The Company shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
(6) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991[11].
(7) In this article-
-
(a) "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, a joint planning board, the Commission for the New Towns, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964[12],
(b) "watercourse" includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and
(c) other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Safeguarding works to buildings
14
.
- (1) Subject to the following provisions of this article, the Company may at its own expense and from time to time carry out such safeguarding works to any building lying within 35 metres of any of the authorised works (other than safeguarding works), as the Company considers to be necessary or expedient.
(2) Safeguarding works may be carried out -
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(a) at any time before or during the construction in the vicinity of the building of any part of the authorised works, or
(b) after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
(3) For the purpose of determining how the functions under this article are to be exercised the Company may enter and survey any building falling within paragraph (1) above and any land belonging to it.
(4) For the purpose of carrying out safeguarding works under this article to a building the Company may (subject to paragraphs (5) and (6) below)-
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(a) enter the building and any land belonging to it, and
(b) where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
(5) Before exercising-
-
(a) a right under paragraph (1) above to carry out safeguarding works to a building,
(b) a right under paragraph (3) above to enter a building,
(c) a right under paragraph (4)(a) above to enter a building or land, or
(d) a right under paragraph (4)(b) above to enter land,
the Company shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c) above, specifying the safeguarding works proposed to be carried out.
(6) Where notice is served under paragraph (5(a), (c) or (d) above, the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under article 34 below.
(7) The Company shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
(8) Where-
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(a) safeguarding works are carried out under this article to a building, and
(b) within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,
the Company shall compensate the owners and the occupiers of the building for any damage sustained by them.
(9) Subject to article 33 below, nothing in this article shall relieve the Company from any liability to pay compensation under section 10(2) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) above shall be determined, in case of dispute, under Part I of the 1961 Act.
(11) In this article-
-
(a) "building" includes any structure or erection or any part of a building, structure or erection,
(b) any reference to a building within a specified distance of a work includes-
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(i) in the case of a work under the surface of the ground, a reference to any building within the specified distance of the point on the surface below which the work is situated, and
(ii) where a work has not commenced, a reference to a building within the specified distance of the proposed site of the work, and
(c) "safeguarding works" , in relation to a building, means-
-
(i) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works, and
(ii) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works.
Power to survey and investigate land
15
.
- (1) The Company may for the purposes of this Order-
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(a) survey or investigate any land shown within the limits or which may be affected by the authorised works,
(b) without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the Company thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples,
(c) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, and
(d) enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (c) above.
(2) No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, unless at least 7 days' notice has been served on every owner and occupier of the land.
(3) Any person entering land under this article on behalf of the Company-
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(a) shall, if so required, before or after entering the land produce written evidence of his authority to do so, and
(b) may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
(4) No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority, but such consent shall not be unreasonably withheld.
(5) The Company shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Temporary closure of part of Grand Union Canal (Regent's Canal)
16
.
- (1) In this article "the waterway" means so much of the Grand Union Canal (Regent's Canal) shown on the deposited plans and numbered 112 in the London borough of Hackney and "towpath" means so much of the towpath lying adjacent to the northern bank of the waterway between the letters A and B shown on the deposited plans.
(2) The Company, during and for the purpose of the construction of Work No 1, may temporarily close any part of the waterway and divert barges and other boats therefrom.
(3) During the period of the closure referred to in paragraph (2) above, all rights of navigation along, and obligations of the waterways board to maintain for navigation, the waterway or part thereof so closed shall be suspended and unenforceable against the waterways board.
(4) The Company, during and for the purposes of the construction of Work No 1, may temporarily stop up the towpath and prevent all persons from passing along the towpath and may construct temporary steps between the letters F and A shown on the deposited plans to be used in connection with paragraph (5) below.
(5) During the period of closure referred to in paragraph (4) above, the Company shall use reasonable endeavours to make available a temporary diversion of the towpath between the letters B, C, D, E, F and A shown on the deposited plans.
(6) Any person who suffers loss by the suspension of any right under paragraph (2) of this article shall be entitled to compensation, to be determined, in case of dispute, under Part I of the 1961 Act.
Power to acquire land
17 . - (1) Subject to paragraph (3) below the Company may acquire compulsorily-
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(a) so much of the land shown on the deposited plans within the limits of deviation for the scheduled works (except in the case of the lands delineated in the deposited plans and thereon numbered 27c and 42c in the London borough of Tower Hamlets) as may be required for the purposes of the authorised works, and
(b) so much of the land specified in columns (1) and (2) of Schedule 2 to this Order as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or (except in the case of the lands delineated in the deposited plans and thereon numbered 27c and 42c in the London borough of Tower Hamlets) for any other purposes connected with or ancillary to its railway undertaking.
(2)
-
(a) The Company shall not under the powers of this Order, without the consent of Railtrack, acquire or enter upon, take or use, whether temporarily or permanently or acquire any new rights over the lands of Railtrack delineated on the deposited plans and thereon numbered:
-
(i) 1 in the London borough of Islington;
(ii) 283a, 284, 285, 286, 287 in the London borough of Hackney; and
(iii) 1a, 8a, 18a, 19a, 21a, 22, 24, 25, 26 and 28 to 38 inclusive in the London borough of Tower Hamlets.
(b) This paragraph shall not prevent the Company from acquiring the interest of any person other than Railtrack in the land mentioned in paragraph (2)(a) above.
(3) The Company shall not under the powers of this Order acquire compulsorily any part of the lands delineated on the deposited plans and thereon numbered 64 and 65 in the London borough of Hackney.
Application of Part I of Compulsory Purchase Act 1965
18
.
- (1) Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order-
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(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981[13] applies, and
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part I of the 1965 Act, as so applied, shall have effect as if-
-
(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted-
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(i) in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
(ii) in any other case, a reference to notice of 3 months.
Powers to acquire new rights
19
.
- (1) Subject to paragraphs (2) and (3) of article 17 above, the Company may acquire compulsorily such easements or other rights over any land referred to in paragraph (1)(a) or (b) of that article as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 7 to this Order), where the Company acquires a right over land under paragraph (1) above the Company shall not be required to acquire a greater interest in it.
(3) Schedule 7 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Rights under streets
20
.
- (1) The Company may enter upon and appropriate so much of the subsoil of any street shown within the limits as may be required for the purposes of the authorised works and may use the subsoil for those purposes or any other purpose connected with or ancillary to its railway undertaking.
(2) The power under paragraph (1) above may be exercised in relation to a street without the Company being required to acquire any part of the street or any easement or right in the street.
(3) The Company shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any owner or occupier of subsoil suffering loss by the entry upon and appropriation of such subsoil shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
(4) Paragraphs (2) and (3) above shall not apply in relation to-
-
(a) any subway or underground building, or
(b) any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto the street.
(5) Nothing in paragraph (3) above shall relieve the Company from liability to compensate under section 10(2) of the 1965 Act or under Part I of the 1973 Act as incorporated or applied by this Order, arising from the exercise of the powers conferred by paragraph (1) above.
Temporary use of land for construction of works
21 . - (1) The Company may, in connection with the carrying out of the authorised works-
-
(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 8 to this Order for the purpose specified in relation to that land in column (3) of that Schedule,
(b) remove any buildings and vegetation from that land, and
(c) construct temporary works (including the provision of means of access) and buildings on the land.
(2) Not less than 28 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The Company may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the scheduled works.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the Company shall not be required to replace a building removed under this article.
(5) The Company shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(6) Any dispute as to a person's entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.
(7) Without prejudice to article 33 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
(8) The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) above.
(9) Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) In this article "building" includes structure or any other erection.
Disregard of certain interests and improvements
22 . - (1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account-
-
(a) any interest in land, or
(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(2) In paragraph (1) above "relevant land" means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Acquisition of part of certain properties
23 . - (1) This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 18 above) in any case where-
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(a) a notice to treat is served on a person ("the owner") under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden ("the land subject to the notice to treat"), and
(b) a copy of this article is served on the owner with the notice to treat.
(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Company a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole ("the land subject to the counter-notice").
(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
(4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Company agrees to take the land subject to the counter-notice, be referred to the tribunal.
(5) If on such a reference the tribunal determine that the land subject to the notice to treat can be taken-
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(a) without material detriment to the remainder of the land subject to the counter-notice, or
(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
(6) If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken-
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(a) without material detriment to the remainder of the land subject to the counter-notice, or
(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
(7) If on such a reference the tribunal determine that-
-
(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
(b) the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Company is authorised to acquire compulsorily under this Order.
(8) If the Company agrees to take the land subject to the counter-notice, or if the tribunal determine that-
-
(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
(b) that the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the Company is authorised to acquire compulsorily under this Order.
(9) In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the Company may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the Company shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Notes:
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