PART 3E+W+SACQUISITION AND POSSESSION OF LAND

SupplementaryE+W+S

Extinction or suspension of private rights of wayE+W+S

24.—(1) All private rights of way over land subject to compulsory acquisition under this Order are extinguished—

(a)as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

(b)on the date of entry on the land by Network Rail under section 11(1)(1) (powers of entry) of the 1965 Act,

whichever is the sooner.

(2) All private rights of way over land owned by Network Rail which, being within the Order limits, is required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.

(3) Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right—

(a)as from the date of the acquisition of the right by Network Rail, whether compulsorily or by agreement; or

(b)on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,

whichever is the sooner.

(4) Subject to paragraph (6), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right of way to which section 271 or 272(2) (extinguishment of rights of statutory undertakers etc.) of the 1990 Act applies.

(7) Paragraphs (1), (2), (3) and (4) have effect subject to—

(a)any notice given by Network Rail before—

(i)the completion of the acquisition of;

(ii)Network Rail’s appropriation of;

(iii)Network Rail’s entry onto; or

(iv)Network Rail’s taking temporary possession of,

the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b)any agreement made between Network Rail and the person in or to whom the right of way in question is vested or belongs which makes reference to this article; whether that agreement was made before or after any of the events mentioned in sub-paragraph (a), or before or after the coming into force of this Order.

(8) If any such agreement as is mentioned in sub-paragraph (7)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Extinguishment of private rights over accommodation crossingsE+W+S

25.—(1) Subject to paragraphs (3) and (4) all private rights of way (if any) over the level crossing specified in paragraph (2) are extinguished.

(2) The level crossing referred to in paragraph (1) is Ugley Lane crossing between points P097 and P098 in the Parish of Henham, District of Uttlesford, County of Essex.

(3) Paragraph (1) must not take effect with respect to the extinguishment of the private rights of way by means of the level crossing specified in paragraph (2) until the authorised works relating to that crossing have been completed.

(4) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Grant of rights over level crossingsE+W+S

26.—(1) The level crossings specified in paragraph (2) are subject to continued rights of access for vehicular traffic for authorised users.

(2) The level crossings referred to in paragraph (1) are—

(a)Trinity Lane crossing between points R001 and R002 in the Borough of Broxbourne, County of Hertfordshire; and

(b)Parsonage Lane crossing between points P147 and P148 in the Parish of Margaretting, City of Chelmsford, County of Essex.

(3) In this article, “authorised user” means any person to whom Network Rail grants a permit on written request to use any crossing referred to in paragraph (2) for such purposes or to access such land as may be specified in the permit on such terms and conditions as Network Rail may reasonably specify.

Time limit for exercise of powers of acquisitionE+W+S

27.—(1) After the end of the period of 5 years beginning on the day on which this Order comes into force—

(a)no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 18 (application of Part 1 of the 1965 Act); and

(b)no declaration is to be executed under section 4(3) (execution of declaration) of the 1981 Act as applied by article 19 (application of the 1981 Act).

(2) The powers conferred by article 20 (power to acquire new rights) and article 21 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail from remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.