SCHEDULES

Article 6

SCHEDULE 1SCHEDULED WORKS

In the borough of Trafford—

• Work No. 1 A tramroad 428 metres in length (single line) in substitution for Work No. 10A of the Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 commencing by a junction with the Altrincham line of the light rapid transit system at Trafford Bar Station, running across Elsinore Road and terminating 220 metres south of that road.

• Work No. 1A A tramroad 442 metres in length (single line) in substitution for Work No. 10B of the Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 commencing by a junction with the Altrincham line of the light rapid transit system at Trafford Bar Station, running under that line and Elsinore Road and terminating 220 metres south of that road.

In the borough of Trafford and city of Manchester—

• Work No. 2 A tramroad 2,206 metres in length (double line) commencing by a junction with the termination of Work Nos. 1 and 1A, running along part of the former Manchester South District Railway formation and terminating at a point 145 metres north-west of St. Werburgh’s Road overbridge.

In the city of Manchester—

• Work No. 3 A tramroad 690 metres in length (double line) commencing by a junction with the termination of Work No. 2 and running in a south-easterly and easterly direction, before terminating on the north-western side of Mauldeth Road West 210 metres south-west of the bridge carrying that road over the former railway.

• Work No. 4 A street tramway 582 metres in length (double line) commencing by a junction with the termination of Work No. 3 and running in a south-westerly direction along Mauldeth Road West before terminating at the junction of that road and Barlow Moor Road.

• Work No. 5 A street tramway 607 metres in length (double line) commencing by a junction with the termination of Work No. 4 and running across Barlow Moor Road, in a south-westerly direction along Hardy Lane before terminating at the western end of that lane.

In the city of Manchester and borough of Trafford—

• Work No. 6 A tramroad 924 metres in length (double line) commencing by a junction with the termination of Work No. 5 and running thence in a west-south-westerly direction by embankment or viaduct, then by bridge over the river Mersey and across Barrow Brook before terminating at a point 100 metres south-west of the entrance to Sale Water Park, and including excavation and removal of landfill as required.

In the borough of Trafford and city of Manchester—

• Work No. 7 A tramroad 1,785 metres in length (double line) commencing by a junction with the termination of Work No. 6 and running in a southerly direction to a point 600 metres to the south-east of the junction of Fairy Lane with Golf Road, then in a south-westerly direction over the M63 and across Sale Road before terminating at a point immediately south-west of that road, and including excavation and removal of landfill as required.

• Work No. 7A Replacement of existing 400 kV electric line above ground by new 400 kV electric line above ground (including substitute towers reference ZZN4 and ZZN3 with or without intermediate towers) in an alignment between existing towers reference ZZN5 and ZZN2 (including associated works to ZZN5 and ZZN2).

• Work No. 7B Reconstruction or replacement of existing Fairy Lane bridge to incorporate additional span immediately to the north of the M63, commencing at the junction of Golf Road and Fairy Lane and terminating at the junction of New Hall Road and Fairy Lane.

In the city of Manchester—

• Work No. 8 A tramroad 1,049 metres in length (double line) commencing by a junction with the termination of Work No. 7 and running thence in a south-westerly direction to a point 95 metres north-west of the junction of Garthorp Road and Bordley Walk, then in a south-easterly direction, before terminating on the western side of Bordley Walk.

• Work No. 9 A tramroad 129 metres in length (double line) commencing by a junction with the termination of Work No. 8 and running thence in a south-easterly and southerly direction across Baguley Brook and Bordley Walk before terminating on the northern side of Wythenshawe Road at its junction with Moor Road.

• Work No. 10 A street tramway 282 metres in length (double line) commencing by a junction with the termination of Work No. 9 and running thence in a southerly direction across Wythenshawe Road and along Moor Road before terminating on the western side of that road 15 metres south of its junction with Crewe Road.

• Work No. 11 A tramroad 1,046 metres in length (double line) commencing by a junction with the termination of Work No. 10 and running thence in a southerly direction across Altrincham Road, Royal Oak Road and over the existing railway line to a point 30 metres north of Floatshall Road.

• Work No. 11A A new road commencing on Altrincham Road opposite Moor Road and terminating on the existing Southmoor Road immediately south of Timpson Road.

• Work No. 11B A new road commencing on Royal Oak Road opposite the existing parking bay and terminating on Southmoor Road 90 metres south of Timpson Road.

• Work No. 12 A street tramway 649 metres in length (double line) commencing by a junction with the termination of Work No. 11 and running thence in a southerly direction along Southmoor Road and across Floatshall Road and Hollyhedge Road before terminating 125 metres south of the junction of Hollyhedge Road with Southmoor Road.

• Work No. 13 A tramroad 901 metres in length (double line) commencing by a junction with the termination of Work No. 12 and running thence in a southerly direction across Hollyhedge Road and Mill Brook by the entrance to Wythenshawe Hospital, alongside to the west of Clay Lane, across Floats Road and terminating at a point 150 metres north of the junction of Barnacre Avenue and Newall Road.

In the city of Manchester and borough of Trafford—

• Work No. 14 A tramroad 1,210 metres in length (double line) commencing by a junction with the termination of Work No. 13 and running thence in a south-westerly and southerly direction across Whitecarr Lane and Fairywell Brook and terminating at a point on the north-eastern side of Thorley Lane 180 metres north-west of the M56.

In the borough of Trafford and city of Manchester—

• Work No. 15 A street tramway 331 metres in length (double line) commencing by a junction with the termination of Work No. 14 and running thence in a south-easterly direction along Thorley Lane and over the M56 before terminating at a point on the north-eastern side of Thorley Lane 20 metres north of its junction with Runger Lane.

In the city of Manchester—

• Work No. 16 A tramroad 1,639 metres in length (double line) commencing by a junction with the termination of Work No. 15, running thence in an easterly, then south-easterly, then easterly direction within Manchester Ringway Airport before terminating 120 metres to the east of Outwood Lane adjacent to the Hilton Hotel.

• Work No. 17 A tramroad 1,269 metres in length (double line) commencing by a junction with the termination of Work No. 16, running thence in an easterly direction across Ringway Road West, Woodhouse Lane and Shadowmoss Road before terminating at a point on the north-eastern side of the junction of Shadowmoss Road and Ringway Road.

• Work No. 18 A tramroad 902 metres in length (double line) commencing by a junction with the termination of Work No. 17, running thence in a north-easterly direction alongside to the east of Shadowmoss Road across Mollington Road before terminating at a point on the south side of the junction of Shadowmoss Road and Simonsway.

• Work No. 19 A street tramway 1,200 metres in length (double line) commencing by a junction with the termination of Work No. 18, running thence in a north-westerly direction across Shadowmoss Road and alongside to the south of Simonsway before terminating at a point on the south side of the junction of Simonsway and Fleming Road.

• Work No. 20 A street tramway 748 metres in length (double line) commencing by a junction with the termination of Work No. 19, running thence in a northerly direction along Fleming Road and along Ainley Road, and then in an easterly direction alongside to the south of Poundswick Lane and alongside to the south of Crossacres Road before terminating at a point 80 metres west of the junction of Crossacres Road and Brownley Road.

• Work No. 20A A new road commencing on Ainley Road at its junction with the access road to Wythenshawe Forum and terminating on the existing Poundswick Lane 45 metres east of Gladeside Road.

• Work No. 21 A tramroad 706 metres in length (double line) commencing by a junction with the termination of Work No. 20, running thence in an easterly direction alongside to the south of Crossacres Road and then in a northerly direction alongside to the west of Brownley Road before terminating at a point on the southern side of the junction of Brownley Road and Hollyhedge Road.

• Work No. 22 A street tramway 1,091 metres in length (double line) commencing by a junction with the termination of Work No. 21, running thence in a northerly direction alongside to the west of Brownley Road and then in a westerly direction along Hollyhedge Road before terminating at a point on the north-western side of the junction of Hollyhedge Road and Greenwood Road.

• Work No. 23 A tramroad 320 metres in length (double line) commencing by a junction with the termination of Work No. 22, running thence in a north-westerly direction by bridge over the M56 alongside to the north of Hollyhedge Road before terminating at a point on the north-western side of the junction of Hollyhedge Road and Wendon Road.

• Work No. 24 A street tramway 683 metres in length (double line) commencing by a junction with the termination of Work No. 23, running thence in a westerly direction alongside to the north of Hollyhedge Road before terminating at a point 20 metres east of Marden Road.

• Work No. 25 A street tramway 203 metres in length (double line) commencing at a point adjacent to Hollyhedge Road 185 metres east of Southmoor Road, running thence in a westerly direction across Marden Road and alongside to the north of Hollyhedge Road and then in a northerly direction alongside to the east of Southmoor Road before terminating at a point 55 metres north of Hollyhedge Road.

• Work No. 25A A street tramway 195 metres in length (double line) commencing at a point adjacent to Hollyhedge Road 185 metres east of Southmoor Road, running thence in a westerly direction across Hollyhedge Road and alongside to the south of Hollyhedge Road and then in a southerly direction alongside to the east of Southmoor Road before terminating at a point adjacent to Fouracres Road 45 metres south of Hollyhedge Road.

Articles 6 and 24

SCHEDULE 2ACQUISITION OF CERTAIN LAND

Article 6

SCHEDULE 3CONDITIONS OF DEEMED CONSENT UNDER SECTION 37 OF THE ELECTRICITY ACT 1989

1.  The undertaker shall give notice in writing to the Secretary of State of the commencement of construction of Work No. 7A.

2.  Subject to regulations 50, 51, 71 and 72 of the Conservation (Natural Habitats, &c.) Regulations 1994(1), the Secretary of State may review this consent at any time after a period of ten years from the coming into force of this Order or five years from the commencement of construction of Work No. 7A, whichever is the earlier and upon such review after giving all persons concerned an opportunity of being heard he may vary or revoke his consent.

3.  If the Secretary of State revokes this consent any line comprised in Work No. 7A shall be removed within such period as the Secretary of State may direct.

Article 8

SCHEDULE 4STREETS SUBJECT TO ALTERATION OF LAYOUT

Articles 11 and 12

SCHEDULE 5STREETS TO BE PERMANENTLY STOPPED UP

PART ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART IISTREETS OVER WHICH VEHICULAR RIGHTS ONLY ARE TO BE STOPPED UP

Article 12

SCHEDULE 6STREETS TO BE TEMPORARILY STOPPED UP

Article 18

SCHEDULE 7LEVEL CROSSINGS

PART ITRAMROAD LEVEL CROSSINGS

PART IISTREET TRAMWAY LEVEL CROSSINGS

Article 26

SCHEDULE 8MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without prejudice to the generality of paragraph 1 above, the Land Compensation Act 1973(2) shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below—

(a)for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”, and

(b)for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 below—

(a)for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,

(b)for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”,

(c)for the words “part proposed” there shall be substituted the words “right proposed”, and

(d)for the words “part is” there shall be substituted the words “right is”.

Adaptation of the 1965 Act

3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired, or

(b)the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section:—

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”.

5.  For section 8 of the 1965 Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following:—

(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a)a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (“the tribunal”); and

(b)before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or

(ii)where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 (“the Order”) shall, in relation to that person cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a)section 9(4) (failure by owners to convey),

(b)paragraph 10(3) of Schedule 1 (owners under incapacity),

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners), and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 30

SCHEDULE 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Articles 10, 11, 33 and 36

SCHEDULE 10PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc. on land acquired

1.—(1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land acquired or appropriated by the undertaker under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.

(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above, references to the appropriate Minister are references to the Secretary of State.

(3) Where any apparatus of public utility undertakers or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(4) Sub-paragraph (3) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

(a)the owner or occupier of premises the drains of which communicated with that sewer, or

(b)the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(5) The provisions of the 1990 Act mentioned in sub-paragraph (1) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the 1991 Act applies.

(6) In this paragraph—

“the 1990 Act” means the Town and Country Planning Act 1990(3);

“public telecommunications operator” means—

“public utility undertakers” has the same meaning as in the Highways Act 1980(5).

Apparatus of statutory undertakers, etc. in stopped up streets

2.—(1) Where a street is stopped up under article 11 of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(2) The undertaker shall give not less than 28 days’ notice in writing of their intention to stop up any street under article 11 of this Order to any statutory utility whose apparatus is under, in, upon, over, along or across the street.

(3) Where notice under sub-paragraph (2) above has been given any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by the undertaker, shall—

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it, or

(b)provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.

(4) Subject to the following provisions of this paragraph, the undertaker shall pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with:—

(a)the execution of relocation works required in consequence of the stopping up of the street, and

(b)the doing of any other work or thing rendered necessary by the execution of relocation works.

(5) If in the course of the execution of relocation works under sub-paragraph (3) above—

(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest available type, capacity or dimension, or

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.

(6) For the purposes of sub-paragraph (5) above—

(a)an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus, and

(b)where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7.5 years earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the code of practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992 as revised and re-issued from time to time.

(8) Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the 1991 Act, but instead—

(a)the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and

(b)the allowable costs shall be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(9) In this paragraph—

“apparatus” has the same meaning as in Part III of the 1991 Act;

“relocation works” means works executed, or apparatus provided, under sub-paragraph (2) above; and

“statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.

Railway and navigation undertakings

3.—(1) Subject to the following provisions of this paragraph, the powers under article 10 of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980):—

(a)is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or

(b)forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.

(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.