The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998

Article 5

SCHEDULE 1SCHEDULED WORKS

ASHTON-UNDER-LYNE EXTENSION

In the City of Manchester—

• Work No. 1 A tramroad 910 metres in length (double line) commencing by a junction with the existing light rapid transit system at the Sheffield Street portal of Piccadilly undercroft and running eastward across Sheffield Street, Portugal Street East, Fletcher Square, Fair Street and Longacre Street, under Great Ancoats Street, then alongside and to the north of Pollard Street across Boond Street and Munday Street before terminating at a point 7 metres west of the junction of Pollard Street with Carruthers Street.

• Work No. 1B A new highway (road) 230 metres in length diverting and replacing Sheffield Street.

• Work No. 1C A new highway (road) 38 metres in length diverting and replacing Baird Street at its junction with Sheffield Street.

• Work No. 1D A reinstatement of Longacre Street 168 metres in length.

• Work No. 1E A new pedestrian bridge over the Ashton Canal 18 metres in length.

• Work No. 1F A new highway (road) 42 metres in length replacing Munday Street.

• Work No. 1G A new highway (road) 112 metres in length replacing an access to the Victoria Industrial Estate off Pollard Street.

• Work No. 2 A street tramway 294 metres in length (double line) commencing by a junction with the termination of Work No. 1 and running eastward across the junction of Pollard Street with Carruthers Street and along Merrill Street before terminating at a point 7 metres east of the junction of Beswick Street and Merrill Street.

• Work No. 2A A new highway (road) 24 metres in length connecting Price Street with Every Street.

• Work No. 2B A new highway (road) 83 metres in length connecting Beswick Street with Work No. 2.

• Work No. 2C A new highway (road) 22 metres in length connecting Work No. 2B with the rear of the Mitchell Arms Public House.

• Work No. 3 A tramroad 137 metres in length (double line) commencing by a junction with the termination of Work No. 2 and running in an easterly direction before terminating along Holt Town at a point 40 metres east of the junction with Cavalier Street.

• Work No. 3A A new highway (road) 167 metres in length commencing at Cavalier Street and running south and east before terminating at a point 55 metres west of Cambrian Street viaduct.

• Work No. 4 A street tramway 121 metres in length (double line) commencing by a junction with the termination of Work No. 3 and running in a easterly direction before terminating at Cambrian Street viaduct.

• Work No. 5 A tramroad 1,257 metres in length (double line) commencing by a junction with the termination of Work No. 4 and running in an easterly direction under the Cambrian Street viaduct, over the River Medlock, under New Viaduct Street and the Ardwick Branch railway line, across Broming Street, alongside and to the south of the Ashton Canal, under Forge Lane, under Alan Turing Way, under Gibbon Street and then alongside to the south of Gibbon Street and Corbett Street, terminating 70 metres to the north of Ashton New Road.

• Work No. 5A A new highway (road) 73 metres in length connecting Upper Helena Street with the Holt Town Industrial Estate.

• Work No. 6 A tramroad 795 metres in length (double line) commencing by a junction with the termination of Work No. 5 and running in a southerly direction before turning east to cross Corbett Street then under the mineral railway viaduct, over the Ashton Canal, across Ashton New Road, across the western end of Croft Street, crossing Linfield Street and Clayton Lane terminating on the eastern side of that street 110 metres east of its junction with Ashton New Road.

• Work No. 6A A new cycle track 60 metres in length running from Linfield Street to Clayton Lane.

• Work No. 6B A new cycle track 65 metres in length running from Eccleshall Street to Ashton New Road.

In the City of Manchester and Borough of Tameside

• Work No. 7 A street tramway 1,073 metres in length (double line) commencing by a junction with Work No. 6 and running eastward along Ashton New Road and Manchester Road before terminating on the northern side of Manchester Road at a point 50 metres east of the junction of Manchester Road with Edge Lane. In the Borough of Tameside

• Work No. 8 A tramroad 110 metres in length (double line) commencing by a junction with Work No. 7 and running alongside and to the north of Manchester Road before terminating on the northern side of that road 15 metres to the west of the junction of Manchester Road with Cooper Street.

• Work No. 9 A street tramway 541 metres in length (double line) commencing by a junction with Work No. 8 and running eastward along Manchester Road before terminating on the southern side of that road 45 metres west of the junction of Manchester Road with John Street.

• Work No. 9A A new highway (road) 40 metres in length, connecting Kershaw Street with Manchester Road by the Jolly Carter Public House.

• Work No. 10 A tramroad 163 metres in length (double line) commencing by a junction with Work No. 9 and running alongside and to the south of Manchester Road before terminating on the southern side of that road 40 metres west of the junction of Manchester Road with Clegg Street.

• Work No. 11 A street tramway 551 metres in length (double line) commencing by a junction with Work No. 10 and running eastward along Manchester Road before terminating on the north east side of the junction of Manchester Road with Market Street and Ashton Road.

• Work No. 11A A new taxi standing area in front of Villemomble Square.

• Work No. 12 A tramroad 104 metres in length (double line) commencing by a junction with Work No. 11 and running alongside and to the north of Ashton Road across Henry Street before terminating on the northern side of Ashton Road 106 metres east of Market Street.

• Work No. 12A A new highway (road) 36 metres in length connecting Church Street to Pickmere Close.

• Work No. 13 A street tramway 808 metres in length (double line) commencing by a junction with Work No. 12 and running eastward along Ashton Road and Droylsden Road to a point on the eastern side of the junction of Lumb Lane with Droylsden Road.

• Work No. 14 A tramroad 119 metres in length commencing by a junction with Work No. 13 and running easterly and to the south of Droylsden Road before terminating at a point 50 metres west of the junction with Assheton Avenue.

• Work No. 15 A street tramway 123 metres in length commencing by a junction with Work No. 14 and running eastward along Droylsden Road and Manchester Road before terminating at a point 55 metres east of the junction of Droylsden Road and Assheton Avenue.

• Work No. 15A A new highway (road) 90 metres in length commencing at a junction with Work No. 15 and running north west to a junction with Assheton Avenue.

• Work No. 16 A tramroad 2,781 metres in length (double line) commencing by a junction with Work No. 15 and running east to the south of Windsor Drive, across Gainsborough Road then running north following the proposed route of Ashton Northern Relief Road, over the proposed M66 extension, over Robinson Lane, across Richmond Street, over the Ashton Moss South Junction railway lines, across Wellington Road and Oldham Road before terminating at a point 120 metres east of Oldham Road.

• Work No. 16A A footpath 136 metres in length commencing from a junction with Work No. 15A and terminating at a junction with Gainsborough Road.

• Work No. 16B A new highway (road) commencing at a point 35 metres south of a junction with Wellington Road and Cavendish Street and running eastward for 51 metres.

Articles 5 and 26

SCHEDULE 2ACQUISITION OF CERTAIN LAND

Article 8

SCHEDULE 3STREETS SUBJECT TO ALTERATION OF LAYOUT

Article 11

SCHEDULE 4STREETS TO BE STOPPED UP OR TO HAVE VEHICULAR RIGHTS EXTINGUISHED

PART ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART IISTREETS OVER WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED

PART IIISTREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED

Article 12

SCHEDULE 5STREETS TO BE TEMPORARILY STOPPED UP

Article 18

SCHEDULE 6LEVEL CROSSINGS

PART ITRAMROAD LEVEL CROSSINGS

PART IITRAMWAY LEVEL CROSSINGS

Article 29

SCHEDULE 7MODIFICATION 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(1) 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 (provisions as to divided land) 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) (Ashton-under-Lyne Extension) Order 1998 (“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 32

SCHEDULE 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Article 40

SCHEDULE 9TRAFFIC REGULATION ORDERS

PART IPROHIBITION OF WAITING AND LOADING/UNLOADING

PART IIDIRECTION OF TRAFFIC

PART IIIPROHIBITION ON ACCESS

Articles 10, 11, 36 and 41

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 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(2);

“public telecommunications operator” means—

“public utility undertakers” has the same meaning as in the Highways Act 1980(4).

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 its 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 that 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 statutory 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 statutory 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 provisions 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 30 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 (3) 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.