TRANSPORT AND WORKS, ENGLAND PART I PRELIMINARY Citation 1 This Order may be cited as the Leeds Supertram (Extension) Order 2001. Interpretation 2 1 In this Order, unless the context otherwise requires— “the 1965 Act ” means the Compulsory Purchase Act 1965 ; “the 1990 Act ” means the Town and Country Planning Act 1990 ; “the 1991 Act ” means the New Roads and Street Works Act 1991 ; “the 1993 Act ” means the Leeds Supertram Act 1993 ; “the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992; “application date” means the day on which application was made to the Secretary of State for this Order; “authorised street tramway” means any street tramway authorised by this Order; “authorised tramroad” means any tramroad authorised by this Order; “authorised tramway” means the tramway (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order; “authorised works” means the scheduled works and any other works authorised by this Order; “the book of reference” means the book of reference described in rule 7(5) of the Applications Rules; “carriageway” has the same meaning as in the Highways Act 1980 ; “ the City ” means the City of Leeds; “the deposited plans” means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules and references to the land shown on those plans are references to the land so shown pursuant to rule 7(3); “the deposited sections” means the sections described in rule 7(2) of the Applications Rules; “electric line” has the meaning given by section 64(1) of the Electricity Act 1989 ; “ the Executive ” means the West Yorkshire Passenger Transport Executive; “highway” and “highway authority” have the same meaning as in the Highways Act 1980; “the limits of deviation” means the limits of deviation for the scheduled works (being scheduled works not comprising a street widening) shown on the deposited plans or, if, in relation to any such work in a street, no such limits are shown, the boundaries of that street on the application date (including those boundaries as from time to time altered or widened under this Order); “the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans; “the limits of widening” means the limits of widening shown on the deposited plans; “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly; “occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976 ; “owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years; “the scheduled works” means the works specified in Schedule 1 to this Order; “street” includes part of a street; “street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act; “street tramway” means any part of a tramway which is laid along a street— whether or not the section of the street in which its rails are laid may be used by other traffic; or whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street; “tram” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway; “tramroad” means any part of a tramway which is not a street tramway; “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which provide support and guidance for vehicles carried on flanged wheels; “ the tribunal ” means the Lands Tribunal. 2 Where the book of reference, the deposited plans or the deposited sections was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 39 below. 3 References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface. 4 All directions, distances, areas, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, area, length and point and distances between points on the authorised tramway shall be taken to be measured along the centre line of the authorised tramway. 5 Unless the context otherwise requires, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order. 6 References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the relevant deposited plan. 7 In the case of any street in relation to which an order made under section 249(2) of the 1990 Act (a pedestrian planning order) is in force, the kerb line of the street, where there is no kerb, shall be taken to be the edge of the part of the street on which the passage of vehicles is permitted. Application of the New Roads and Street Works Act 1991 3 1 Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part III of the 1991 Act (street works) as major transport works if— a they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or b they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts) or section 184 of that Act (vehicle crossings). 2 The provisions of the 1991 Act mentioned in paragraph (3) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the Executive under the powers conferred by this Order where no street works are executed in that street, as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Executive. 3 The provisions of the 1991 Act referred to in paragraph (2) above are— section 54 (advance notice of certain works); section 55 (notice of starting date of works); section 59 (general duty of street authority to co-ordinate works); section 60 (general duty of undertakers to co-operate); section 69 (works likely to affect other apparatus in the street); section 76 (liability for cost of temporary traffic regulations); section 77 (liability for cost of use of alternative route); and all such other provisions as apply for the purposes of the provisions mentioned above. 4 Sections 54 and 55 of the 1991 Act as applied by paragraph (2) above shall have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency. Incorporation of the Railways Clauses Act 4 1 The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order— section 46 (crossing of roads—level crossings); section 58 (company to repair roads used by them); section 61 (company to make sufficient approaches and fences to highways); sections 68 and 69 (accommodation works by company); section 71 (additional accommodation works by owners); sections 72 and 73 (supplementary provisions relating to accommodation works); section 75 (omission to fasten gates); sections 87 and 88 (contracts with other companies); section 97 (default in payment of tolls); sections 103 and 104 (refusal to quit carriage at destination); section 105 (carriage of dangerous goods on railway); section 144 (defacing of boards); section 145 (recovery of penalties); section 154 (transient offenders). 2 In those provisions as incorporated in this Order— “the company” means the Executive; “goods” includes any thing conveyed on the authorised tramway; “lease” includes an agreement for a lease; “prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision; “the railway” means the authorised tramroads and also in the application of sections 87, 88, 97, 103 to 105, 144, 145 and 154 of the said Act of 1845, the authorised street tramways, together with (except where the context otherwise requires) any authorised works ancillary thereto; “the special Act ” means this Order; “toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any authorised tramway to be constructed under this Order. 3 In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”. 4 In section 58 of the said Act of 1845, as incorporated in this Order, for the words “the determination of two justices” to the end there shall be substituted the word “arbitration”. 5 In section 69 of the said Act of 1845, as incorporated in this Order, for the words “determined by two justices” to the end there shall be substituted the words “referred to arbitration”. 6 In section 71 of the said Act of 1845, as incorporated in this Order, the words “or directed by such justices to be made by the company” shall be omitted, and for the words “authorised by two justices” there shall be substituted the words “determined by arbitration”. 7 Any difference arising under section 72 of the said Act of 1845, as incorporated in this Order, shall be referred to arbitration. Application of the Leeds Supertram Act 1993 5 1 The authorised tramway shall be treated as part of the tramway system (as defined in the 1993 Act) for the purposes of sections 3(3), 4(4), 23, 24, 37, 40(17), 45 to 53, 57 to 60 and 62 to 67 of that Act; but it shall not be so treated for the purposes of sections 10, 11, 15, 54 and 55 of that Act. 2 In the application of the 1993 Act to the authorised tramway— a the references in section 57(1) to any tramway shall be treated as including a reference to any authorised street tramway; b the reference in section 62(1) to any railway of the tramway system which is not designated as a tramway shall be treated as a reference to the authorised tramroads; and c the reference in section 66(1) and (4) to the 1993 Act shall be treated as a reference to this Order. 3 Sections 4(5), 7(4) and (7), 8(2), 16 and 68 of the 1993 Act shall have effect for the purposes of the authorised street tramways as they have effect for the purposes of the tramways authorised by that Act. 4 Section 43(2) to (11) of the 1993 Act shall apply as if references in that section to “authorised works” included a reference to the works authorised by this Order and references to “the specified land” were a reference to the part of any burial ground (within the meaning of the Open Spaces Act 1906 ) which is used for the construction of the works so authorised. PART II WORKS PROVISIONS Principal powers Power to construct works 6 1 The Executive may construct and maintain in the City— a the tramroads described (as Works Nos. 1, 4, 7, 11, 14, 19, 21 and 23) in Schedule 1 to this Order; b the street tramways described (as Works Nos. 2, 3, 5, 6, 8, 10, 12, 13, 15 to 18, 20, 22 and 24) in that Schedule; and c the other scheduled works. 2 Subject to article 7 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections. 3 Subject to paragraph (6) below, the Executive may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely— a stations, junctions and stopping places; b works required for, or in connection with, the control of any traffic (including pedestrians) on the authorised tramway; c works for the alteration or demolition of any building or structure; d works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; e works to alter the position of any apparatus or street furniture including mains, sewers, drains and cables; f landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and g works for the benefit or protection of premises affected by the authorised works. 4 Subject to paragraph (6) below, the Executive may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works. 5 Where the Executive lays down conduits for the accommodation of cables or other apparatus for the purposes of the authorised works or associated traffic control, it may provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person. 6 Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works— a within the limits of deviation or limits of widening; or b on land within the limits of land to be acquired or used specified in column (1) of Schedule 2 to this Order for the purpose specified in relation to that land in column (2) of that Schedule. Power to deviate, etc. 7 1 In constructing or maintaining any scheduled work, the Executive may— a as regards a scheduled work not comprising a street widening, deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work; b as regards a scheduled work comprising a street widening, construct that widening within the limits of widening for that work; and c deviate vertically from the levels shown on the deposited sections— i to any extent not exceeding 3 metres upwards, or ii to any extent downwards as may be necessary or convenient. 2 The Executive may in constructing or maintaining any of the authorised street tramways lay down— a double lines of rails in lieu of single lines; b single lines of rails in lieu of double lines; c interlacing lines of rails in lieu of double or single lines; or d double or single lines of rails in lieu of interlacing lines. 3 The power in paragraph (2) above shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld. 4 The Executive may in constructing or maintaining any of the authorised tramroads provide within the limits of deviation for those tramroads such number of lines of rails and sidings as may be necessary or expedient. Streets Power to alter layout of streets, etc. 8 1 The Executive may alter the layout of, and carry out other ancillary works in, any street in the City specified in column (1) of Schedule 3 to this Order in the manner specified in relation to that street in column (2) of that Schedule. 2 The Executive may provide a footpath between Beckett Street and Accommodation Road in the City between points FP1, FP2 and FP3 and between points FP4, FP5 and FP6 and a footpath and cycle track adjacent to Alma Road in the City between points FC1 and FC2. 3 Without prejudice to the specific powers conferred by paragraphs (1) and (2) above but subject to paragraph (4) below, the Executive may for the purpose of constructing, maintaining or using the authorised tramways alter the layout of any street within the limits of deviation or limits of widening; and, without prejudice to the generality of the foregoing, the Executive may within those limits— a increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; b alter the level of any such kerb, footpath, footway, cycle track or verge; c reduce the width of the carriageway of the street by forming a reserved area in the street as a stopping place for trams or by carrying out other works for that purpose; d carry out works for the provision or alteration of parking places; e carry out works to the carriageway of the street for the purpose of deterring or preventing vehicles other than trams from passing along the authorised tramway; and f make and maintain crossovers, sidings or passing places. 4 The powers in paragraph (3) shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld. Power to keep apparatus in streets 9 1 The Executive may, for the purposes of or in connection with the construction, maintenance and use of the authorised works, place and maintain in any street within the limits of deviation or limits of widening any work, equipment or apparatus including without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus. 2 In this article— a “apparatus” has the same meaning as in Part III of the 1991 Act; and b the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street. Power to execute street works 10 The Executive may, for the purpose of exercising the powers conferred by article 9 above and the other provisions of this Order, enter upon any street within the limits of deviation or limits of widening and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening any such street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street. Stopping up of streets and extinguishment of rights 11 1 Subject to the provisions of this article, the Executive may, in connection with the construction of the authorised works, stop up each of the streets in the City mentioned in column (1) of Parts I and II of Schedule 4 to this Order and extinguish any right which persons may have to use vehicles in each of the streets mentioned in column (1) of Part III of that Schedule to the extent specified, by reference to the letters and numbers shown on the relevant plans, in column (2) of Parts I to III of that Schedule. 2 Notwithstanding the provisions of paragraph (1) above, the Executive shall not extinguish rights of way on cycle in the following streets— Wood Lane Raglan Road Shakespeare Street. 3 No street specified in columns (1) and (2) of Part I bSchedule 4 (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article until the new street to be substituted for it, and which is specified in relation to it either by reference to the letters and numbers shown on the deposited plans or by reference to one of the scheduled works, in either case in column (3) of that Part of that Schedule, has been practically completed to the reasonable satisfaction of the street authority and is open for use, and the street authority has so certified in writing or (in the event of dispute with the street authority) an arbitrator has so determined upon reference of the dispute to arbitration. 4 No part of a street specified in column (1) of Part II of Schedule 4 to this Order (being a street to he stopped up for which no substitute is to be provided) shall be stopped up under this article unless all the land which abuts it falls within one or more of the following categories, namely— a land to which there is no right of access directly from the street or part to be stopped up; b land to which there is reasonably convenient access otherwise than directly from the street or part to be stopped up; c land the owners and occupiers of which have agreed to the stopping up of the street or part; and d land which is in the possession of the Executive. 5 Where a street has been stopped up under this article— a all rights of way over or along the street so stopped up shall be extinguished; and b the Executive may, without making any payment appropriate and use for the purposes of its tramway undertaking so much of the site of the street as is bounded on both sides by land owned by the Executive. 6 Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 . 7 This article is subject to paragraph 2 of Schedule 9 to this Order. 8 In this article “cycle” has the same meaning as in the Road Traffic Act 1988 . Temporary stopping up of streets 12 1 The Executive may, during and for the purposes of the execution of the authorised works, temporarily stop up, alter or divert any street and may for any reasonable time— a divert the traffic from the street, and b subject to paragraph (2) below, prevent all persons from passing along the street. 2 The Executive shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access. 3 Without prejudice to the generality of paragraph (1) above, the Executive may exercise the powers of this article in relation to the streets specified in column (1) of Schedule 5 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (2) of that Schedule. 4 The Executive shall not exercise the powers of this article— a in relation to a street specified and to the extent specified in paragraph (3) above, without first consulting the street authority; b in relation to any other street or to any other extent, without the consent of the street authority, but such consent shall not be unreasonably withheld. Construction and maintenance of new, altered or diverted streets 13 1 Any street to be constructed under this Order, other than any comprised in Works Nos. 1A, 1B, 3C, 4B, 4C, 4D, 6N, 14A and 23A, shall be completed to the reasonable satisfaction of the street authority and shall, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority. 2 Where a street is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of the Executive for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority. 3 Nothing in this article shall prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and the Executive shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act. 4 Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the 1991 Act apply. Construction of bridges 14 Any bridge to be constructed under this Order for carrying a tramway over a highway shall be constructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld. Construction of Work No. 7 on street 15 Notwithstanding anything in this Order but without prejudice to the provisions of article 7 above, the Executive may, but only with the consent of the Secretary of State, construct the whole or part of Work No. 7 within the limits of deviation for that work as if it were designated by this Order as a street tramway (in which case it shall be treated for the purposes of this Order as if it were so designated). Agreements with street authorities 16 1 A street authority and the Executive may enter into agreements with respect to— a the construction of any new street (including any structure carrying the street over or under a tramroad) under the powers conferred by this Order; b the maintenance of the structure of any bridge carrying a tramroad over a street; c any stopping up, alteration or diversion of a street under the powers conferred by this Order; and d the execution in the street of any of the works referred to in article 10 above. 2 Such an agreement may, without prejudice to the generality of paragraph (1) above— 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. Level crossings 17 1 The Executive may construct the authorised tramroads so as to carry them on the level across the highways specified in Schedule 6 to this Order. 2 The Executive may provide, maintain and operate at or near any new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve. 3 Without prejudice to the generality of article 8 above, the Executive may in the exercise of the powers of this article alter the level of any highway specified in Schedule 6 to this Order. 4 The highway authority may enter into agreements with the Executive in respect to the construction and maintenance of any new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate. 5 In this article— “barrier” includes gates; “new level crossing” means the place at which an authorised tramroad crosses a highway on the level under the powers conferred by this article; “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electrical or telephonic equipment or other devices. Supplementary Discharge of water 18 1 The Executive 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 within the limits of deviation or limits of widening lay down, take up and alter pipes and may, on any land within those limits, make openings into, and connections with, the watercourse, sewer or drain. 2 The Executive shall not discharge any water into any watercourse, public sewer or drain except with the consent of the person 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 Executive 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 Executive 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 Executive 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 . 7 In this article— a “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency or a local authority; 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 19 1 Subject to the following provisions of this article the Executive may at its own expense and from time to time carry out such safeguarding works to any building which is within the relevant limits and which lies within 30 metres of any of the authorised works, as the Executive considers to be necessary or expedient. 2 Safeguarding works may be carried out— 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 Executive may enter and survey any building falling within paragraph (1) above and any land within the relevant limits belonging to it. 4 For the purpose of carrying out safeguarding works under this article to a building the Executive may (subject to paragraphs (5) and (6) below)— a enter the building and any land within the relevant limits belonging to it; and b where the works cannot be carried out reasonably conveniently without entering land within the relevant limits 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 Executive 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 is 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 43 below. 7 The Executive 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— 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 Executive shall compensate the owners and occupiers of the building for any damage sustained by them. 9 Without prejudice to article 41 below, nothing in this article shall relieve the Executive 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 Land Compensation Act 1961 . 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— 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; c “relevant limits” means the limits of deviation, limits of widening or limits of land to be acquired or used; and d “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. Planning permission: supplementary matters 20 1 In relation to the application of paragraph (3)(c) of the Second Schedule of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969 as incorporated in any tree preservation order, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the works authorised by this Order shall be treated as deeming the permission to have been granted on application made under Part III of the Act. 2 In relation to the application of article 5(1)(d) of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Trees) Regulations 1999 as incorporated in any tree preservation order or as having effect by virtue of regulation 10(1)(a) of those Regulations, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the works authorised by this Order shall not be treated as an outline planning permission. 3 Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act. Power to survey and investigate land 21 1 The Executive may, in relation to any land falling within article 23(1)(a) below, for the purposes of this Order— a survey or investigate that land; b without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the Executive thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples; c without prejudice to the generality of paragraph (a) above, carry out archaeological investigations on the land; d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of the land and making of trial holes under sub-paragraphs (a) to (c) above; and e enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d) 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 Executive— 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 Executive shall pay 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 Land Compensation Act 1961. Mode of construction and operation of tramway 22 1 The authorised tramway shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means. 2 The authorised tramway shall be constructed on a nominal gauge of 1,435 millimetres. 3 Subject to paragraph (4) below, the authorised street tramways shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid. 4 In the case of any length of authorised street tramway which is constructed as described in section 7(4) of the 1993 Act as applied by article 5(3) above or which is situated clear of the carriageway, the Executive may, with the consent of the street authority (which consent is not to be unreasonably withheld), construct and maintain the tramway in such a manner that the uppermost surface of the rails is not level with the surrounding surfaces of the street in which they are laid. PART III ACQUISITION AND POSSESSION OF LAND Powers of acquisition Power to acquire land 23 1 The Executive may acquire compulsorily— a so much of the land in the City shown on the deposited plans within the limits of deviation or the limits of widening and described in the book of reference as may be required for the purposes of or in connection with the authorised works, b without prejudice to sub-paragraph (a), so much of the land specified in column (1) of Schedule 2 to this Order (being land shown on the deposited plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (2) of that Schedule, and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking. 2 This article is subject to article 28 below. Application of the Compulsory Purchase (Vesting Declarations) Act 1981 24 1 The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order. 2 In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications. 3 In section 3 (preliminary notices), for subsection (1) there shall be substituted— 1 Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is— a given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and b published in the London Gazette and in one or more local newspapers circulating in the locality of the authorised works . 4 In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”. 5 In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted— 5 For the purposes of this section, a person has a relevant interest in land if— a he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion; or b he holds or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month. 6 In section 5 (earliest date for execution of declaration) in subsection (1), after “publication” there shall be inserted “in the London Gazette and in one or more local newspapers circulating in the locality of the authorised works”. 7 In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted. 8 References to the Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under article 25 below. Application of Part I of the Compulsory Purchase Act 1965 25 1 Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order— a as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 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— i in a case where the notice to treat relates only to 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 26 1 The Executive may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 23 above 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 Executive acquires a right over land under paragraph (1) above the Executive 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 or over streets 27 1 The Executive may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the limits of deviation, limits of widening or limits of land to be acquired or used as may be required for the purposes of or in connection with the authorised works and may use the subsoil and air-space for those purposes or any other purpose connected with or ancillary to its undertaking. 2 The power under paragraph (1) above may be exercised in relation to a street without the Executive being required to acquire any part of the street or any easement or right in the street. 3 Any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) above is exercised without the undertaker acquiring any part of that person’s interest in the land and who suffers loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 . 4 Paragraph (2) above shall not apply in relation to— a any subway or underground building; and b any cellar, vault, arch or other construction in or on a street which forms part of a building fronting on to the street. 5 Compensation shall not be payable under paragraph (3) above to any person who is an undertaker, to whom section 85 of the 1991 Act applies, in respect of measures of which the allowable costs are to be borne in accordance with that section. Temporary possession of land Temporary use of land for construction of works 28 1 The Executive may, in connection with the carrying out of the authorised works— a enter upon and take temporary possession of any of the land in the City specified in column (1) of Schedule 8 to this Order for the purpose specified in relation to that land in column (2) of that Schedule relating to the authorised works specified 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 Executive shall serve notice of the intended entry on the owners and occupiers of the land. 3 The Executive 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 work or works specified in relation to that land in column (3) of Schedule 8 to this Order. 4 Before giving up possession of land of which temporary possession has been taken under this article, the Executive shall remove all temporary works and (subject to any landscaping provided pursuant to the purposes specified in column (2) of Schedule 8 to this Order) restore the land to the reasonable satisfaction of the owners of the land; but the Executive shall not be required to replace a building removed under this article. 5 The Executive 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 Land Compensation Act 1961. 7 Without prejudice to article 41 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 any land of which temporary possession has been taken under paragraph (1) above except that the Executive shall not be precluded from acquiring new rights over any part of that land under article 26 above. 9 Where the Executive 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 any structure or erection. Temporary use of land for maintenance of works 29 1 At any time during the maintenance period relating to any scheduled works, the Executive may— a erect upon and take temporary possession of any land within the limits of deviation, limits of widening or limits of land to be acquired or used and lying within 20 metres from those works if such possession is reasonably required for the purpose of, or in connection with, maintaining the works or any ancillary works connected with them; b construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 Paragraph (1) above shall not authorise the Executive to take temporary possession of— a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 Not less than 28 days before entering upon and taking temporary possession of land under this article the Executive shall serve notice of the intended entry on the owners and occupiers of the land. 4 The Executive may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works and restore the land to the reasonable satisfaction of the owners of the land. 5 Before giving up possession of land of which temporary possession has been taken under this article, the Executive shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 The Executive 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. 7 Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961. 8 Without prejudice to article 41 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 (6) above. 9 Where the Executive 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— a “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use; b “building” includes structure or any other erection; and c any reference to land within a specified distance of a work includes, in the case of work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated. Compensation Disregard of certain interests and improvements 30 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. Supplementary Acquisition of part of certain properties 31 1 This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 25 above) in any case where— 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 factory 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 Executive 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 Executive agrees to take the land subject to the counter-notice, be referred to the tribunal. 5 If on such a reference the tribunal determines that the land subject to the notice to treat can be taken— 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— 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 Executive is authorised to acquire compulsorily under this Order. 8 If the Executive 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 Executive 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 Executive 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 factory or of land consisting of a house with a park or garden, the Executive 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. Extinction or suspension of private rights of way 32 1 All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished— a as from the acquisition of the land by the Executive, whether compulsorily or by agreement, or b on the entry on the land by the Executive under section 11(1) of the 1965 Act, whichever is sooner. 2 All private rights of way over land of which the Executive takes temporary possession under this Order shall be suspended and unenforceable for as long as the Executive remains in lawful possession of the land. 3 Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961. 4 This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 9 to this Order applies. Time limit for exercise of powers of acquisition 33 1 After the end of the period of 5 years beginning with the day on which this Order comes into force— a no notice to treat shall be served under Part I of the 1965 Act as applied to the acquisition of land by article 25 above; and b no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 , as applied by article 24 above. 2 The powers conferred by article 28 above shall cease at the end of the period referred to in paragraph (1) above, save that nothing in this paragraph shall prevent the Executive remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period. PART IV OPERATION OF TRAMWAY SYSTEM Maintenance of approved works, etc. 34 1 Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the authorised tramway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised tramway. 2 If without reasonable cause the provisions of paragraph (1) above are contravened, the Executive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 3 No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions. PART V MISCELLANEOUS AND GENERAL Statutory undertakers, etc. 35 The provisions of Schedule 9 to this Order shall have effect. Minerals 36 1 Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which article 23(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule. 2 In their application by virtue of paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications— a references to the acquiring authority shall be construed as references to the Executive; and b references to the undertaking shall be construed as references to the undertaking which the Executive is authorised by this Order to carry on. Saving for highway authorities 37 Nothing in this Order shall affect any power of a highway authority to widen, alter or improve any highway along which a street tramway is laid. Protection for Environment Agency 38 1 For the protection of the Environment Agency (in this article referred to as “the Agency”), the following provisions shall, unless otherwise agreed in writing between the Executive and the Agency, have effect. 2 Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order. 3 Before carrying out any works under the powers of this Order involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the authorised tramway, the Executive shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency. 4 The approval of plans furnished under paragraph (3) above shall not be unreasonably withheld and if, within two months of such plans being supplied to the Agency, the Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied. 5 For the purposes of this paragraph, “plans” includes sections, drawings, specifications, calculations and descriptions. 6 Any culvert or any structure designed to contain or divert the flow of any watercourse being a culvert or structure situated within any land held by the Executive for purposes of or in connection with the authorised tramway, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Executive in good repair and condition and free from obstruction. 7 Nothing in paragraph (6) above shall have the effect of requiring the Executive to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person are liable to maintain. 8 If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article, the Executive shall, upon receiving notice from the Agency, take such action as may be necessary to remedy the effect of the contravention to the Agency’s reasonable satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Executive as a debt from them to the Agency. 9 Any difference arising between the Executive and the Agency under this article (other than a difference as to its meaning or construction) shall be determined by arbitration. Certification of plans, etc. 39 The Executive shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections, and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy. Service of notices 40 1 A notice or other document required or authorised to be served for the purposes of this Order may be served by post. 2 Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise— a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, his last known address at the time of service. 4 Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 This article shall not be taken to exclude the employment of any method of service not expressly provided for by it. No double recovery 41 Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law. Withholding of consent 42 Where it is provided in this Order that any consent or approval is not to be unreasonably withheld, any dispute as to whether it is so unreasonably withheld or as to any conditions subject to which it is given shall be determined by arbitration. Arbitration 43 Where under this Order (including any provision incorporated in or applied by this Order) any difference (other than a difference to which the provisions of the 1965 Act apply) is to be determined by or referred to arbitration, then, unless otherwise provided, the difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President of the Institution of Civil Engineers. John Prescott Secretary of State for the Environment, Transport and the Regions 28th January 2001