The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014

PART 2WORKS PROVISIONS

Principal Powers

Power to construct and maintain works

3.—(1) The promoter may construct and maintain the scheduled work.

(2) Subject to article 4 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the works and land plan and in accordance with the levels shown on the sections.

(3) Subject to paragraph (5), the promoter 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 work, namely—

(a)construct and maintain such offices and other buildings, yards, machinery, plant, apparatus and other works and conveniences as the promoter thinks fit;

(b)make, provide and maintain all such approaches, lifts, stairs, escalators, ramps, passages, means of access, shafts and stagings as the promoter thinks fit;

(c)make and maintain junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way;

(d)construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient;

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

(f)alter the position of apparatus, including mains, sewers, drains, pipes, cables and street furniture;

(g)carry out and maintain landscaping and other permanent mitigation works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled work including the execution of works to alter the layout of streets; and

(h)carry out and maintain works for the benefit or protection of premises affected by the scheduled work.

(4) Subject to paragraph (5), the promoter 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 scheduled work.

(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works within the limits of deviation or the limits of land to be acquired or used.

Power to deviate

4.  In constructing or maintaining the scheduled work, the promoter may—

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

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

(i)to any extent not exceeding 4 metres upwards; or

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

Streets

Stopping up of highways

5.—(1) The promoter may exercise the power conferred by paragraph 1 of Schedule 3 (highways) to the principal Act to stop up London Street in the City of Westminster between points P1, P2, P3, P4 and P1 (which points are shown on the works and land plan) for purposes connected with the authorised works.

(2) Paragraph (1) has effect without affecting article 18 (application of the principal Act to authorised works).

Temporary interference

6.—(1) The promoter may exercise the powers conferred by paragraph 5(1) of Schedule 3 (highways) to the principal Act to temporarily stop up and alter the streets specified in columns (1) and (2) of Schedule 2 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule.

(2) The promoter may exercise the powers conferred by paragraphs 6 to 8 of Schedule 2 (works: further and supplementary provisions) to the principal Act in relation to the streets referred to in paragraph (1).

(3) Paragraph (1) has effect without affecting article 18 (application of the principal Act to authorised works).

Protective works to buildings, roads and apparatus of a statutory undertaker

7.—(1) Subject to the following provisions of this article, the promoter may at its own expense and from time to time carry out such protective works to—

(a)any building; or

(b)any road; or

(c)any apparatus of a statutory undertaker,

lying within the Order limits as the promoter considers to be necessary or expedient.

(2) Protective works may be carried out—

(a)at any time before or during the construction in the vicinity of the building, road or apparatus of any part of the authorised works; or

(b)after the completion of the construction of that part of the authorised works in the vicinity of the building, road or apparatus at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the promoter may, subject to paragraph (5), enter and survey any building, go onto and survey any road or access and survey any apparatus falling within paragraph (1) and any land within the curtilage of the building or on which the apparatus is located.

(4) For the purpose of carrying out protective works under this article to a building, road or apparatus the promoter may (subject to paragraphs (5) and (6))—

(a)enter the building, go onto the road or access the apparatus and any land within the curtilage of the building or on which the apparatus is located; and

(b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building (but outside its curtilage), or adjacent to the road or land on which apparatus is located, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a)a right under paragraph (1) to carry out protective works to a building, road or apparatus;

(b)a right under paragraph (3) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or on which the apparatus is located;

(c)a right under paragraph (4)(a) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or on which the apparatus is located; or

(d)a right under paragraph (4)(b) to enter land,

the promoter must, except in the case of emergency, serve on the owners and occupiers of the building or land or owner of the road or the apparatus not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land or owners of the road or the apparatus concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land, go onto a road or access apparatus to be referred to arbitration under article 31 (arbitration).

(7) The promoter must compensate the owners and occupiers of any building or land or owners of the road or the apparatus in relation to which the powers conferred by this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

(8) Where—

(a)protective works are carried out under this article to a building or road or apparatus falling within paragraph (1); and

(b)within the period of 5 years beginning with the day on which the part of the authorised works constructed in the vicinity of the building, road or apparatus is first opened for use it appears that the protective works are inadequate to protect the building, road or apparatus against damage caused by the construction or operation of that part of the authorised works,

the promoter must compensate the owners and occupiers of the building or road or apparatus for any loss or damage sustained by them.

(9) Without affecting article 30 (no double recovery) nothing in this article relieves the promoter from any liability to pay compensation under section 10(2) of the 1965 Act.

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 of the 1961 Act.

(11) In this article—

“protective works” in relation to a building, road or apparatus means—

“road” includes any structures supporting the road.