Channel Tunnel Rail Link Act 1996

Part I — The Channel Tunnel Rail Link

Works

Duty to co-operate.

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• (1) The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (“the scheduled works”), being—

• (a) works for the construction of a railway between St. Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,

• (b) works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and

• (c) works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.

• (2) Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

• (3) In constructing or maintaining any of the scheduled works, the nominated undertaker may—

• (a) deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and

• (b) deviate vertically from the level shown for that work on the deposited sections—

• (i) to any extent not exceeding 3 metres upwards, and

• (ii) to any extent downwards.

Further and supplementary provisions

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Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.

Highways

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Schedule 3 to this Act (which makes provision in relation to highways in connection with the works authorised by this Part of this Act) shall have effect.

Land

Acquisition within limits shown on deposited plans

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• (1) The Secretary of State is authorised by this section to acquire compulsorily—

• (a) so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and

• (b) so much of the land so shown within the limits of land to be acquired or used as may be so required.

• (2) Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.

• (3) Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.

Acquisition outside limits shown on deposited plans

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• (1) The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.

• (2) Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required—

• (a) for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,

• (b) for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or

• (c) for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.

• (3) The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.

• (4) The Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under subsection (1) above; and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (3) above.

• (5) Part I of the Compulsory Purchase Act 1965, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (3) above with the modifications mentioned in paragraph 8(2)(a) and (b) of Schedule 4 to this Act.

• (6) In this section—

• “apparatus” includes a sewer, drain or tunnel and any structure for the lodging therein of apparatus or for gaining access to apparatus;

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; and

• “the relevant limits” means the limits of deviation for the scheduled works and the limits of land to be acquired or used.

Temporary possession and use

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Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.

Extinguishment of private rights of way

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• (1) All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished—

• (a) in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and

• (b) in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.

• (2) For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land—

• (a) is acquired compulsorily, and

• (b) is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,

in which case it is the time of entry under that provision.

• (3) Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.

• (4) Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

• (5) This section does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.

Extinguishment of rights of statutory undertakers etc

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• (1) Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

• (2) In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

• (3) In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—

• (a) in subsection (2), for the words from “with” to “appropriated” there shall be substituted “ authorised by Part I of the Channel Tunnel Rail Link Act 1996 ”, and

• (b) in subsection (5), for the words from “local” to “or undertakers” there shall be substituted “ a person other than a Minister, he ”.

• (4) In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.

• (5) In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—

• (a) in section 274(3), for “local authority or statutory undertakers” there shall be substituted “ person ”, and

• (b) in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

Planning and heritage

Planning: general

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• (1) Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.

• (2) In the case of development consisting of the provision of parking at St. Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which—

• (a) is carried out on land within the limits of deviation for Works Nos. 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and

• (b) does not, when taken together with any other relevant development—

• (i) so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and

• (ii) so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.

• (3) For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis—

• (a) which is carried out on such land as is mentioned in subsection (2)(a) above, and

• (b) for which planning permission is deemed by subsection (1) above to be granted.

• (4) In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which—

• (a) is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and

• (b) does not involve the provision of more than 9,000 parking spaces.

• (5) Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.

• (6) The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.

• (7) The matters referred to above are—

• (a) in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and

• (b) in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.

• (8) Development for which permission is deemed by this section to be granted shall be treated as not being development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) Order 1995 (or any order replacing that order).

• (9) Planning permission which is deemed by this section to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (specific planning permission for the development of statutory undertakers’ land relevant to whether the land is operational land).

• (10) In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.

• (11) In subsection (6) above, “relevant planning authority” means—

• (a) in relation to Greater London, the local planning authority, and

• (b) in relation to Essex or Kent, the district planning authority.

Permitted development: time limits

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• (1) It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to—

• (a) development consisting of the carrying out of a scheduled work, or

• (b) development to which section 9(2) or (4) above applies,

that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

• (2) The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.

• (3) The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.

• (5) Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.

• (6) In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after “permission” of “ deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development, ”.

Fees for planning applications

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• (1) The Secretary of State may by regulations make provision about fees for relevant planning applications.

• (2) Regulations under subsection (1) above may, in particular—

• (a) make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,

• (b) make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,

• (c) make provision for a prescribed fee to be treated as paid in prescribed circumstances,

• (d) make provision about the time for payment of a prescribed fee,

• (e) make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and

• (f) make provision for the resolution of disputes.

• (3) Regulations under subsection (1) above may—

• (a) make such supplementary, incidental or consequential provision as the Secretary of State thinks fit, and

• (b) make different provision for different cases.

• (4) The power to make regulations under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Nothing in regulations under section 303 of the Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.

• (6) In this section—

• . . .

• “prescribed” means prescribed in regulations under subsection (1) above; and

• “relevant planning application” means a request for approval under the planning permission deemed by section 9(1) above to be granted.

Heritage

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Schedule 7 to this Act (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments etc.) shall have effect.

Heritage: rights of entry

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Schedule 8 to this Act (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England) shall have effect.

Operation

Operation and use of authorised works

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• (1) The nominated undertaker may, in relation to the works authorised by this Part of this Act—

• (a) operate them for the purpose of providing infrastructure services, and

• (b) use them for the purpose of providing services for the carriage of passengers or goods.

• (2) In subsection (1) above, the reference to infrastructure services is to services which are network services or station services for the purposes of Part I of the Railways Act 1993.

Bye-laws

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For the purposes of section 129 of the Railways Act 1993 (power of independent railway operator to make bye-laws), the nominated undertaker shall be treated as an independent railway operator.

Application of railway legislation

Licensing

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• (1) Section 6(1) of the Railways Act 1993 (which prohibits any person from acting as the operator of a network, station or train being used on a network unless authorised by a licence under section 8 of that Act) shall not apply in relation to—

• (a) any network comprised in the rail link,

• (b) any rail link station, or

• (c) any train being used, in circumstances in which subsection (2) below applies, on a network comprised in the rail link.

• (2) This subsection applies if—

• (a) the train is being used to provide a service involving travel through the Channel Tunnel, or

• (b) the operator of the train is a rail link undertaker and the train is being used to provide a service for the carriage of goods which does not involve carriage outside the rail link.