The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022

Principal Powers

Power to construct and maintain works

6.—(1) Network Rail may construct and maintain the scheduled works.

(2) Subject to article 7 (power to deviate) the scheduled works may only 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 (5), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

(a)electrical equipment, signalling and permanent way works;

(b)hoardings and fencing, ramps, means of access and footpaths, bridleways and cycle tracks;

(c)embankments, cuttings, aprons, abutments, retaining walls, wing walls and culverts;

(d)works to install or alter the position of apparatus, including mains, sewers, drains and cables;

(e)works to alter or remove any structure erected upon any highway or adjoining land;

(f)landscaping and other works to mitigate any adverse effects of the construction maintenance or operation of the scheduled works;

(g)works for the benefit or protection of premises affected by the scheduled works;

(h)works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse; and

(i)works to erect and construct offices and other buildings, machinery, apparatus, works and conveniences,

(4) Subject to paragraph (5), Network Rail may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.

(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

(a)land specified in columns (1) and (2) of Schedule 2 (ancillary acquisition of land) for the purposes specified in column (3) of that Schedule;

(b)land specified in columns (1) and (2) of Schedule 3 (land in which only new rights etc. may be acquired) for the purposes specified in column (3) of that Schedule; or

(c)land specified in columns (1) and (2) of Schedule 4 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule.

Power to deviate

7.  In constructing or maintaining any of the scheduled works, Network Rail may—

(a)deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and

(b)deviate vertically from the levels shown on the deposited sections—

(i)to any extent upwards for Work No. 3 in accordance with the deposited plan and for all other Works not exceeding 1.5 metres; or

(ii)to any extent downwards as may be found to be necessary or convenient.