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The Northumberland Line Order 202X

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The Northumberland Line Order 202X Northumberland Line Transport and Works Act 1992 The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 Rule 10(2)(a) Draft Order STATUTORY INSTRUMENTS 202[*] No. TRANSPORT AND WORKS, ENGLAND TRANSPORT, ENGLAND The Northumberland Line Order 202[*] Made - - - - *** Coming into force - - *** CONTENTS PART 1 PRELIMINARY 1. Citation and commencement 2. Interpretation PART 2 WORKS PROVISIONS Principal powers 3. Power to construct and maintain works Supplemental powers 4. Power to survey and investigate land 5. Discharge of water 6. Felling or lopping of trees PART 3 CROSSINGS AND HIGHWAYS 7. Closure of level crossings 8. Accommodation crossings 9. Stopping up of streets 10. Temporary stopping up and diversion of streets 11. Creation and maintenance of new highways 12. Means of access 13. Street works 14. Agreements with highway authorities PART 4 ACQUISITION AND POSSESSION OF LAND Powers of acquisition 15. Power to acquire land 16. Application of Part 1 of the 1965 Act 17. Application of the 1981 Act 18. Power to acquire new rights 19. Power to acquire subsoil or airspace only Temporary possession or use of land 20. Temporary use of land in connection with the development 21. Temporary use of land for access Compensation 22. Disregard of certain interests and improvements 23. Set-off for enhancement in value of retained land Supplementary 24. Private rights over land 25. Open space land 26. Time limit for exercise of powers of acquisition and temporary use of land PART 5 MISCELLANEOUS AND GENERAL 27. Planning permission 28. Power to transfer benefit of the Order 29. Agreements with Network Rail 30. Defence to proceedings in respect of statutory nuisance 31. Protective provisions 32. Consents, agreement, certifications and approvals 33. Obstruction of construction of development 34. Disapplication of provisions in the enabling Acts 35. Modification of agreements relating to land 36. Certification of plans, etc. 37. Service of notices 38. No double recovery 39. Arbitration SCHEDULE 1 — PLANNING PERMISSIONS SCHEDULE 2 — REPLACEMENT AND CLOSURE OF LEVEL CROSSINGS SCHEDULE 3 — ACCOMMODATION CROSSINGS SCHEDULE 4 — STREETS TO BE STOPPED UP PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED SCHEDULE 5 — STREETS TO BE TEMPORARILY STOPPED UP SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED 2 SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN SCHEDULE 9 — LAND ON WHICH A TEMPORARY RIGHT OF ACCESS MAY BE EXERCISED SCHEDULE 10 — TEMPORARY WORKSITES SCHEDULE 11 — PROTECTIVE PROVISIONS PART 1 — PROTECTION FOR STATUTORY UNDERTAKERS, ETC. PART 2 — PROTECTION FOR NETWORK RAIL INFRASTRUCTURE LIMITED An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(a) for an Order under sections 1 and 5 of the Transport and Works Act 1992(b) (“the 1992 Act”). [The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.] The Secretary of State [, having considered the objections made and not withdrawn and the report of the person who held the inquiry,] has determined to make an Order giving effect to the proposals comprised in the application [with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.] Notice of the Secretary of State’s determination was published in the London Gazette on [*]. The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs [1 to 5, 7 to 8, 11, 15 and 16] of Schedule 1 to, the 1992 Act makes the following Order— PART 1 PRELIMINARY Citation and commencement 1. This Order may be cited as the Northumberland Line Order 202[*] and comes into force on [ ] 202[*]. Interpretation 2.—(1) In this Order— “the 1961 Act” means the Land Compensation Act 1961(c); “the 1965 Act” means the Compulsory Purchase Act 1965(d); (a) S.I. 2006/1466, as amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2013/755, S.I. 2014/469, S.I. 2015/377, S.I. 2015/627, S.I. 2015/1682, S.I. 2017/979 and S.I. 2017/1070. (b) 1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659. (c) 1961 c. 33. (d) 1965 c. 56. 3 “the 1980 Act” means the Highways Act 1980(a); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(b); “the 1990 Act” means the Town and Country Planning Act 1990(c); “the 1991 Act” means the New Roads and Street Works Act 1991(d); “the 2003 Act” means the Communications Act 2003(e); “the 2015 Order” means the Town and Country Planning (General Permitted Development) (England) Order 2015(f); “address” includes any number or address used for the purposes of electronic transmission; “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order; “bridleway” has the same meaning as in the 1980 Act; “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act; “the Council” means Northumberland County Council of County Hall, Morpeth, Northumberland; “cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation)(g) of the 1980 Act; “the development” means the works and operations authorised by this Order and any other works and operations incidental or ancillary to the re-introduction of passenger rail services between Ashington in the County of Northumberland and Newcastle upon Tyne permitted by— (a) the planning permissions; and (b) the 2015 Order, including Part 18 of Schedule 2 to that Order in relation to works authorised by the enabling Acts; “electronic transmission” means a communication transmitted— (a) by means of an electronic communications network; or (b) by other means but while in electronic form, and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003(h); “the enabling Acts” means— (a) the Blyth and Tyne Railway Act 1852(i); (b) the Blyth and Tyne Railway Branches Act 1853(j); (c) the Blyth and Tyne Railway Consolidation and Extensions Act 1854(k); (d) the Blyth and Tyne Railway Amendment Act 1857(l); (e) the Blyth and Tyne Railway Amendment Act 1861(m); (a) 1980 c. 66. (b) 1981 c. 66. (c) 1990 c. 8. (d) 1991 c. 22. (e) 2003 c. 21. (f) S.I. 2015/596. (g) The definition of “cycle track” (in section 329(1)) was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54). (h) 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210. (i) 1852 c. cxxii. (j) 1853 c. clxxii. (k) 1854 c. lxxix. (l) 1857 c. cxiv. (m) 1861 c. xcviii 4 (f) the Blyth and Tyne Railway Act 1872(a); and (g) the North Eastern Railway Act 1902(b); “footpath” and “footway” have the same meanings as in the 1980 Act; “highway” and “highway authority” have the same meaning as in the 1980 Act; “land and works plans” means the plans certified by the Secretary of State as the land and works plans for the purposes of this Order; “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly; “Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN; “Order limits” means the Order limits as shown on the land and works plans; “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(c); “the planning permissions” means the planning permissions identified in Schedule 1 (planning permissions) and any directly related planning permission granted under section 73 of the 1990 Act; “the railway” means the existing railway line between Ashington and Newcastle; “rights of way plans” means the plans certified by the Secretary of State as the rights of way plans for the purposes of this Order; “statutory undertaker” means— (a) any person who is a statutory undertaker for any of the purposes of the 1990 Act; and (b) any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the 2003 Act; “street” has the meaning given in section 48 (streets, street works and undertakers) of the 1991 Act; “street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; and “the tribunal” means the Lands Chamber of the Upper Tribunal. (2) All distances, directions and lengths referred to in this Order are approximate. (3) References in this Order to points identified by letters with or without numbers, are construed as references to points so lettered on the rights of way plans. (4) 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 airspace above its surface. (5) References in this Order to numbered plots are references to plot numbers on the land and works plans.
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