SCHEDULE 2 Supplementary Provisions as to the Scheduled Works and other Authorised Works
Part II Regulation of Scheduled Works and Subsidiary Provisions
Section C Provisions Applicable to Railways Board
Passenger station at Ashford
8
1
Without prejudice to section 16 of the M1Railways Clauses Consolidation Act 1845, as applicable to them, the Railways Board may, on land in the borough of Ashford (town of Ashford) in which they have sufficient right or interest—
a
make, maintain and operate a new passenger station adjacent to their existing station at Ashford on any part of the lands in that town numbered 21 on the deposited plans;
b
construct and maintain facilities in connection with the said new passenger station, including a terminal building with frontier control facilities, footbridges linking that station with their said existing station and other works and conveniences, including road vehicle parks, on the lands in that town numbered 3, 16, 18, 20 and 21 on the deposited plans with means of access for vehicles provided in accordance with sub-paragraph (2) below;
c
lay out a new road vehicle park on any part of the lands in that town numbered 25, 27 and 28 to 31 on the deposited plans with means of access for vehicles either to the new road (Work No. 18C) or to such other road as may be agreed between the Railways Board and the Kent County Council or in default of agreement determined by the Secretary of State.
2
The means of access for vehicles to the facilities mentioned in sub-paragraph (1)(b) above shall be provided at such points as may be agreed between the Railways Board and the County Council or in default of agreement determined by the Secretary of State.
Passenger station at Waterloo
9
1
In connection with the construction of Works Nos. 21, 21A and 21B, the Railways Board may, within the limits of deviation for those works in the London borough of Lambeth—
a
enlarge, improve, and provide frontier control facilities at their existing Waterloo station with all necessary works and conveniences connected therewith;
b
make junctions with and alter the line or level of any street or way adjoining, or affected by the construction of, those works;
c
provide means of access for vehicles to Carlisle Lane at the points marked C and D on the deposited plans and to Upper Marsh at the points so marked E and F; and
d
appropriate, hold and use, for the purposes of Work No. 21 and the works at the station under paragraph (a) above, any lands within the said limits, including any works on those lands previously authorised by any enactment.
2
In connection with the construction of Work No. 21, the Railways Board may in the London borough of Lambeth—
a
reduce to a width not less than 1.83 metres so much of the footpath known as Leake Court as lies between the points marked G and H on the deposited plans;
b
reduce to a width not less than 15 metres so much of Carlisle Lane as lies within the limits of deviation for that work between the points marked I and J on the deposited plans; and
c
remove the parapets on the western sides of the existing bridges over Westminster Bridge Road and Upper Marsh.
Railways at Stewart’s Lane, Wandsworth
10
1
In connection with the construction of Works Nos. 23, 23A and 23B, the Railways Board may in the London borough of Wandsworth—
a
construct the bridge over Thessaly Road (part of Work No. 23A) so as to provide a headroom not less than 4.40 metres over the surface of the street under the bridge;
b
alter the level of Stewart’s Road under the bridge over that road (part of Work No. 23B) so as to provide a headroom not less than 4.57 metres over the surface of the street;
c
provide means of access for vehicles to Ascalon Street at the points marked A and B on the deposited plans, to Stewart’s Road at the point so marked C and to Ponton Street at the point so marked D; and
d
appropriate, hold and use, for the purposes of Works Nos. 23A and 23B, any lands within the limits of deviation for those works and any works on those lands previously authorised by any enactment.
2
In connection with the construction of Works Nos. 23, 23A and 23B or other works of the Railways Board in the vicinity thereof, the Railways Board may in the London borough of Wandsworth provide, for the purposes of such construction and of the maintenance and operation of those works, means of access for vehicles to Corunna Terrace at the point marked J on the deposited plans.
Works Nos. 25A and 25B: nature consultations
11
The Railways Board shall not begin to construct Work No. 25A or Work No. 25B until they have consulted—
a
the councils of the London borough of Ealing, the London borough of Hammersmith and Fulham and the Royal borough of Kensington and Chelsea; and
b
the London Wildlife Trust;
as to the likely effect of the construction of the works on nature conservation.
Further works and powers
12
The Railways Board may make and maintain the following further works (in so far as they are shown on the deposited plans and sections, in the lines or situations, and according to the levels, so shown) and may exercise the following powers—
1
In connection with the construction of Work No. 24, they may in the London borough of Wandsworth—
a
provide means of access for vehicles to Sheepcote Lane at the points marked A and B on the deposited plans; and
b
appropriate, hold and use, for the purposes of that work, any lands within the limits of deviation for that work, including any works on those lands previously authorised by any enactment.
2
In connection with the construction of Works Nos. 25A, 25B and 25C, they may, within the limits of deviation for those works, in the London boroughs of Ealing and Hammersmith and Fulham and the Royal borough of Kensington and Chelsea—
a
make, maintain and operate a maintenance depot; and
b
provide means of access for vehicles to Scrubs Lane and Mitre Way at the points marked B and C respectively on the deposited plans.
3
In connection with the construction of Works Nos. 25A, 25B and 25C and of other works of the Railways Board in the vicinity thereof, they may in those boroughs provide means of access for vehicles to Old Oak Common Lane and Barlby Road at the points marked A and D respectively on the deposited plans.
4
On the completion of Work No. 26A they may, in the parish of Bletchingley in the district of Tandridge, in the county of Surrey, fill in so much of Nutfield Brook between the points marked B and C on the deposited plans as will be rendered unnecessary by that work.
5
In connection with the construction of Works Nos. 30, 30A and 30B, they may in the parishes of Newington and Saltwood, in the district of Shepway, in the county of Kent—
a
provide facilities for making emergency repairs to rolling stock on any part of the lands numbered, in the parish of Newington, 4 to 7, 12, 25, 26, 33 and 36 and, in the parish of Saltwood, 7 and 8 on the deposited plans; and
b
provide means of access for vehicles for construction purposes to the road from Hythe to Bishopsbourne (B2065) at the point marked K on the deposited plans.
Temporary possession of land
13
1
Subject to the provisions of this paragraph the Railways Board may, in connection with the construction of their scheduled works specified in column (1) of the following table or any works in connection with those works, enter upon and take possession of the lands in the areas specified in columns (2) and (3) of that table for such purposes as are specified in column (4) of that table and may, for any such purpose, remove any structures on those lands and provide means of access to those lands.
The Table
(1) | (2) | (3) | (4) |
|---|---|---|---|
Works Nos. | Area | Number of land shown on deposited plans | Purpose for which temporary possession may be taken |
23, 23A and 23B | London borough of Wandsworth | 26 | The provision of vehicular access for construction. |
48 | The provision of a working site and vehicular access for construction. | ||
25A, 25B and 25C | London borough of Hammersmith and Fulham | 4 and 8 | The provision of a working site and vehicular access for construction. |
26 and 26A | District of Tandridge (parish of Nutfield) | 1, 2, 4 to 7 and 7A | The provision of a working site and vehicular access for construction to Coopers Hill Road at the point marked A on the deposited plans. |
District of Tandridge (parish of Bletchingley) | 1, 2 and 5 to 7 | The provision of a working site and vehicular access for construction to Outwood Lane at the point marked B on the deposited plans. | |
28A and 28B | Borough of Maidstone (parish of Lenham) | 2 and 4 | The provision of a working site and vehicular access for construction to Ham Lane at the point marked A on the deposited plans. |
10 and 11 | The provision of a working site and vehicular access for construction to Lenham Road at the point marked B on the deposited plans. |
2
Not less than 28 days before entering upon and taking temporary possession of any land under this paragraph the Railways Board shall give notice to the owners and occupiers of the land.
3
The Railways Board shall not, without the agreement of the owners and occupiers, remain in possession of any part of any land under this paragraph after a period of one year from the completion of the work or (as the case may be) all the works specified in relation to that land in column (1) of the table in sub-paragraph (1) above.
4
Except in the case of the land in the London borough of Wandsworth numbered 26 on the deposited plans, all private rights of way over any land of which the Railways Board take temporary possession under this paragraph shall be suspended and unenforceable for so long as the Railways Board remain in lawful possession of the land.
5
Before giving up possession of any land of which they have taken temporary possession under this paragraph, the Railways Board shall remove all temporary works and restore the land to the reasonable satisfaction of the owners and occupiers of the land.
6
The Railways Board shall not be empowered to purchase compulsorily, or be required to purchase, any part of any land of which they have taken temporary possession under this paragraph.
7
The Railways Board shall pay compensation to—
a
the owner or occupier of any land of which they take temporary possession under this paragraph for any damage resulting from the exercise of the powers of this paragraph in relation to that land; and
b
any person who suffers damage by reason of the suspension of any right under this paragraph.
8
Nothing in this paragraph shall affect liability to compensate under section 6 or 43 of the M2Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the M3Compulsory Purchase Act 1965, as applied by section 37 of this Act, or under any other enactment, except so far as compensation is payable under sub-paragraph (7) above.
9
Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the M4Land Compensation Act 1961.