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Channel Tunnel Rail Link Act 1996

Type Public General Act

Publication 1996-12-18

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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(4) Any person exercising the power conferred by sub-paragraph (1)(f) above on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.

(5) This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.

(6) Any dispute as to the giving of consent under sub-paragraph (5) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(7) The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.

(8) Any dispute as to a person’s entitlement to compensation under sub-paragraph (7) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

Temporary interference with waterways

11

(1) The powers conferred by this paragraph shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Part of this Act in relation to Work No. 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C, 5D(1), 6, 6G, 10, 10A, 10R(2), 13 or 22J.

(2) The nominated undertaker may—

(a) temporarily interfere with the relevant waterway, at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,

(b) temporarily moor or anchor barges or other vessels or craft in the relevant waterway, or

(3) The power conferred by sub-paragraph (2)(c) above shall be exercised in a way which secures—

(a) that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

(b) that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(4) The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.

(5) In this paragraph, “relevant waterway” means—

(a) in relation to Works Nos. 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C and 5D(1), the Regent’s Canal,

(b) in relation to Works Nos. 6 and 6G, the River Lea,

(d) in relation to Work No. 13, the River Medway.

SCHEDULE 3

Stopping up: non-level crossings

1

(1) Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table.

(2) No highway or part of a highway specified in columns (1) and (2) of Part I of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—

(a) land to which there is no right of access directly from the highway or part to be stopped up,

(b) land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,

(d) land which is in the possession of the Secretary of State.

(3) No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—

(a) where the new highway is provided in exercise of the powers conferred by this Part of this Act, the later of the date of practical completion and the date on which it is first open for public use, and

(b) where it is not, the date on which it is first open for public use.

(4) Where a new highway specified in column (3) of Part II of the following table is provided in exercise of the powers conferred by this Part of this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) above to be what it is taken to be for the purposes of paragraph 11(2) below.

2

(1) Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—

(a) within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and

(b) not specified in columns (1) and (2) of the table in paragraph 1 above.

(2) The power conferred by sub-paragraph (1) above shall not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers upon application by the nominated undertaker.

(3) The appropriate Ministers shall grant an application under sub-paragraph (2) above if, but only if, they are satisfied—

(a) that an alternative bridleway or footpath has been provided,

(b) that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or

(4) Where the appropriate Ministers grant an application under sub-paragraph (2) above, they shall notify the nominated undertaker of the basis on which the application is granted.

(5) Where the basis on which an application under sub-paragraph (2) above is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.

(6) Before making an application under sub-paragraph (2) above, the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—

(a) specifying—

(i) the bridleway or footpath, or part, proposed to be stopped up,

(ii) what, if any, alternative bridleway or footpath is proposed, and

(iii) if no alternative is proposed, the reasons why,

(b) specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“the publication date”),

(c) stating that any person may within that period make representations about confirmation under sub-paragraph (2) above of the proposed stopping up, and

(d) specifying the manner in which such representations may be made.

(7) Not later than the publication date, the nominated undertaker shall—

(a) serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and

(b) cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.

(8) Before granting an application under sub-paragraph (2) above, the appropriate Ministers shall consider any representations made to them in accordance with the nominated undertaker’s notice which have not been withdrawn.

(9) Unless they direct otherwise, the Secretary of State's functions in relation to an application under sub-paragraph (2) above shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(10) In sub-paragraph (6) above, references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.

(11) In sub-paragraph (7)(a) above, “local authority” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the Local Government Act 1985, the London Fire Commissioner, a housing action trust established under Part III of the Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council.

(12) In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

3

(1) On a highway or part of a highway being stopped up under paragraph 1 or 2 above—

(a) all rights of way over or along it shall be extinguished, and

(b) the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.

(2) The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(3) Any dispute as to a person’s entitlement to compensation under sub-paragraph (2) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

(4) The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b) above, with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act.

(5) Part III of Schedule 2 to the Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) above with the following modifications—

(a) references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act,

(b) in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and

(c) in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.

Stopping up: level crossings

4

(1) The nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1), (2) and (3) of the following table.

(2) The nominated undertaker shall construct the footbridges referred to in column (3) of the following table, but the power conferred by sub-paragraph (1) above shall be independent of the duty imposed by this sub-paragraph.

(3) On a highway or part of a highway being stopped up under this paragraph—

(a) all rights of way over or along it shall be extinguished, and

(b) the place where the former highway crossed the railway shall cease to be a level crossing for the purposes of any enactment.

(4) The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

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

(1)	(2)	(3)
Area	Name of highway at crossing	Extent of closure and nature of work
GREATER LONDON	GREATER LONDON	GREATER LONDON
London Borough of Barking and Dagenham	Chequers Lane	Chequers Lane to be stopped up between points H1 and H2. Footbridge to be provided to carry a new footpath between points H3, H4, H5 and H6.
London Borough of Havering	Manor Way	Manor Way to be stopped up between points A1 and A2. Footbridge to be provided to carry a new footpath between points A1, A3, A4, A5, A6 and A2.
	Ferry Lane	Ferry Lane to be stopped up between points F1 and F2. Footbridge to be provided to carry a new footpath between points F3, F4, F5, F6, F7 and F2.
COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX
Borough of Thurrock	A1090 (Tank Hill Road)	A1090 (Tank Hill Road) to be stopped up between points J1 and J7.
COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT
Borough of Ashford, Town of Ashford	Aylesford Place	Aylesford Place to be stopped up between points H1 and H2.

Permanent obstruction

5

(1) The powers conferred by paragraph 1 or 4 of Schedule 2 to this Act may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.

(2) Any dispute with a highway authority under sub-paragraph (1) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(3) If a highway authority which receives an application for consent under sub-paragraph (1) above fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.

Temporary interference

6

(1) For the purposes of the works authorised by this Part of this Act, the nominated undertaker may—

(a) temporarily stop up or alter or divert any highway or part of a highway,

(b) for any reasonable time—

(i) divert traffic from, and

(ii) prevent persons passing along,

any highway or part of a highway, and

(2) The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.

(3) It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) above has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1) above.

Street works

7

(1) The nominated undertaker may, for the purposes of the works authorised by this Part of this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—

(a) place apparatus in it,

(b) maintain apparatus in it,

(d) remove apparatus from it, and

(e) execute any works required for, or incidental to, any works authorised by paragraph (a), (b), (c) or (d) above.

(2) In this paragraph, “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991.

8

(1) Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part III of the New Roads and Street Works Act 1991 (street works) as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or

(b) they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980.

(2) This sub-paragraph applies to any works executed under this Part of this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.

(3) In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.

Construction

9

(1) Where under this Part of this Act the nominated undertaker—

(a) constructs a new highway, or

(b) alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991,

the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.

(2) Where work to which sub-paragraph (1) above applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.

(3) If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) above and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—

(a) issue a certificate under that sub-paragraph, or

(b) notify the nominated undertaker of its decision to refuse to issue such a certificate,

it shall be deemed to have issued such a certificate at the end of that period.

(4) Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

10

(1) Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—

(a) realigns a highway which is constituted by or comprises a carriageway, or

(b) constructs a new highway which is constituted by or comprises a carriageway,

and the highway is one for which a local highway authority is the highway authority.

(2) The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.

(3) Any dispute with a highway authority under sub-paragraph (2) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(4) If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2) above, the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.

Maintenance

11

(1) Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—

(a) constructs a new highway, or

(b) alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991.

(2) Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—

(a) the date of practical completion, and

(b) the date on which it is first open for public use;

and after the end of that period shall be maintained by and at the expense of the highway authority.

(3) Where in relation to a highway to which sub-paragraph (2) above applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.

(4) If the highway authority refuses a request to issue a certificate under sub-paragraph (3) above, or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(5) For the purposes of sub-paragraph (2) above, the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—

(a) where the date has been determined under sub-paragraph (4) above, the date so determined, and

(b) where it has not, the date certified under sub-paragraph (3) above.

(6) Sub-paragraph (2) above shall not have effect to impose any obligation in relation to—

(a) the structure of any bridge carrying a highway over, or

(b) the structure of any tunnel carrying a highway under,

any railway of the nominated undertaker.

(7) Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991.

12

Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.

Bridges carrying highways

13

Each of sections 116 and 117 of the Transport Act 1968 (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.

Agreements with highway authorities etc.

14

(1) Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expense of the construction) of—

(a) any new highway to be provided in substitution,

(b) any alteration of the existing highway, and

(2) The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

Use of subsoil

15

The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Part of this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.

SCHEDULE 4

Part I — Purposes for which Certain Land may be Acquired or Used

Part II — Application of Legislation Relating to Compulsory Purchase

Lands Clauses Consolidation Act 1845

1

The Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.

Compulsory Purchase Act 1965

2

Part I of the Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.

3

(1) In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.

(2) Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.

(3) Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days’ notice) shall have effect—

(a) in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “ one month’s ”, and

(b) in any other case, with the substitution for “fourteen days” of “ three months ”.

(4) In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4

The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.

5

(1) In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.

(2) In section 3 (preliminary notices) for subsection (1) there shall be substituted—

(1) Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is— (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and (b) published in the London Gazette.

(3) In that section, in subsection (2), for “(1)(b)” there shall be substituted “ (1) ”.

(4) In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—

(7) For the purposes of this section, a person has a relevant interest in land if— (a) he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or (b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

(5) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” there shall be inserted “ in the London Gazette ”, and

(b) subsection (2) shall be omitted.

(6) In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.

(7) References to the Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.

Part III — Supplementary Provisions

Acquisition of subsoil

6

(1) In the case of land specified in the following table (non-pedestrian tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

Area	No. on deposited plans
GREATER LONDON	GREATER LONDON
London Borough of Islington	307 to 318, 320 to 330, 332, 335, 338 to 739, 798, 799 and 803 to 1042
London Borough of Hackney	1 to 183, 185 to 211 and 213 to 772
London Borough of Newham	16 to 518, 522 to 540, 542 to 549, 551 to 1207, 1209 to 1223, 1235, 1236, 1238, 1240 to 1243 and 1246 to 1252
London Borough of Redbridge	8 to 14
London Borough of Barking and Dagenham	227 to 765, 767, 769 to 786, 794 and 796
COUNTY OF ESSEX	COUNTY OF ESSEX
Borough of Thurrock	99 and 103
COUNTY OF KENT	COUNTY OF KENT
Borough of Tonbridge and Malling, Parish of Aylesford	51 to 140 and 144 to 183
Borough of Tonbridge and Malling, Parish of Burham	1 to 9

(2) In the case of land specified in the following table (pedestrian tunnels and ground anchors), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 2 metres beneath the level of the surface of the land.

Area	No. on deposited plans
GREATER LONDON	GREATER LONDON
London Borough of Camden	178
London Borough of Islington	740 to 771
COUNTY OF KENT	COUNTY OF KENT
Borough of Ashford, Parish of Mersham	39

(3) In the case of any other land, the power conferred by section 4(1) above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

(4) Section 8(1) of the Compulsory Purchase Act 1965 (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by section 4(1) above is exercised in relation to the subsoil or under-surface of land only.

(5) For the purposes of sub-paragraphs (1) and (2) above, the level of the surface of the land shall be taken—

(a) in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Acquisition of existing tunnels

7

In the case of land specified in the following table (existing railway tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the land as is comprised in an existing railway tunnel.

Acquisition of new rights

8

(1) The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.

(2) Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—

(a) with the modifications specified in paragraph 9 below, and

(b) with such other modifications as may be necessary.

9

(1) The modifications referred to in paragraph 8(2)(a) above are as follows.

(2) For section 7 of the Compulsory Purchase Act 1965 there shall be substituted—

(7) 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 purchased 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.

(3) In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—

(1) This subsection applies where— (a) 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”) has been served on a person under section 5 of this Act, (b) in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Upper Tribunal, and (c) before the Upper Tribunal has determined that question, the person on whom the notice has been served satisfies the Upper Tribunal that the relevant conditions are met. (1A) The relevant conditions are— (a) that he has an interest which he is able and willing to sell in the whole of the relevant land; (b) where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and (c) where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house. (1B) Where subsection (1) above applies— (a) the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served— (i) cease to authorise the purchase of the right to which the notice relates, and (ii) be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and (b) the notice to treat shall be deemed to have been served in respect of that interest on such date as the Upper Tribunal directs. (1C) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Upper Tribunal. (1D) Where the Upper Tribunal determines that the person on whom a notice to treat has been served has satisfied the Upper Tribunal as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination. (1E) Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.

(4) The following provisions of that 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) namely—

section 9(4) (failure of owners to convey),

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

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

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 purchased compulsorily is vested absolutely in the acquiring authority.

(5) Section 11 of that 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 enforcement officer's or sheriff's warrant in the event of obstruction) of that Act shall be modified correspondingly.

(6) Section 20 of that Act (compensation for short term tenants) 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 of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(7) Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) 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.

(8) References in that Act to land are, in appropriate contexts, to be 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.

(9) In the Land Compensation Act 1973, for section 44 there shall be substituted—

(44) (1) Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable. (2) In this section “compensation for injurious affection” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.

(10) For section 58 of that Act there shall be substituted—

(58) In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether— (a) a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or (b) a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house, the Upper Tribunal shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

10

(1) The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.

(2) This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any 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.

(3) The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.

Acquisition of part only of certain properties

11

(1) Where—

(a) a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and

(b) a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.

(2) The person on whom the notice to treat is served (“the owner”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“the land subject to the notice to treat”) and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).

(3) If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.

(4) If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(5) If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the Upper Tribunal.

(6) If, on a reference under sub-paragraph (5) above, the Upper Tribunal determines that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice, and

(b) where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,

the owner shall be required to sell the land subject to the notice to treat.

(7) If, on such a reference, the Upper Tribunal determines that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.

(8) Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Upper Tribunal determines that that land can be taken without seriously affecting the amenity and convenience of the relevant house.

(9) If, on such a reference, the Upper Tribunal determines—

(a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b) that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(10) If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Upper Tribunal determines on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(11) If, on such a reference, the Upper Tribunal determines—

(a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

(b) that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(12) For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“the relevant house”) or any part of it.

12

(1) Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of theUpper Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

(2) If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the Upper Tribunal.

(3) Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.

(4) A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.

Minerals

13

(1) Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

(2) In their application by virtue of sub-paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—

(a) references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and

(b) references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.

Power to require acquisition where time limit extended

14

(1) If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.

(2) If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—

(a) enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,

(b) exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or

(c) serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.

(3) Where—

(a) a person gives the Secretary of State notice under sub-paragraph (2) above, and

(b) the Secretary of State—

(i) fails to comply with the requirements of that sub-paragraph,

(ii) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

(iii) serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.

(4) Where—

(a) a person gives the Secretary of State notice under sub-paragraph (2) above, and

(b) the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.

(5) In this paragraph—

“lessee” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,

“owner”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and

references to the relevant powers of compulsory acquisition are to—

(a) the power to serve a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

(b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.

15

(1) Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.

(2) In sub-paragraph (1) above, the reference to the relevant distance is—

(a) in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and

(b) in the case of any other work, 9 metres.

(3) For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—

(a) in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Compensation

16

Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.

SCHEDULE 5

Occupation and use for construction of works

1

(1) The nominated undertaker may, in connection with the construction of the scheduled work or works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with that work or those works)—

(a) enter upon and take possession of the land specified in relation to that work or those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and

(b) for such purposes as are so specified—

(i) remove from the land any structure or vegetation, and

(ii) construct on the land temporary works (including the provision of means of access) and structures.

(1)	(2)	(3)	(4)
Works	Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken
GREATER LONDON	GREATER LONDON	GREATER LONDON	GREATER LONDON
1A, 1B, 1C, 1D, 1F and 5D(1)	London Borough of Camden	79	The provision of access for construction purposes.
1A, 1B, 1C, 1D and 1F		87	The provision of a working site and access for construction purposes.
1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1K, 3, 3B, 3C and 5A		182 and 189 to 192	The provision of access for construction purposes.
1HH, 3B and 3C		203 and 204	The provision of access for construction purposes.
1JJ, 2AA and 2BB	London Borough of Islington	782 and 1050	The provision of access for construction purposes.
1AA, 1BB and 3E		787 and 788	The provision of access for construction purposes.
6	London Borough of Hackney	778 and 779	The provision of barge moorings and barge loading facilities.
6		780	The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work No. 6, a working site and access for construction purposes.
6		781 and 782	The provision of access for construction purposes.
22	London Borough of Newham	1237 and 1239	The provision of a working site.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1253 and 1254	The provision of barge moorings and barge loading facilities, spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1255 to 1260	The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1261	The provision of spoil handling plant and machinery and a conveyor.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1262 and 1263	The provision of access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1269	The provision of a working site and access for construction purposes.
6D and 6E	London Borough of Waltham Forest	6	The provision of access for construction purposes.
6D and 6E		10	The provision of access for construction of drainage works.
8Q	London Borough of Barking and Dagenham	205	The provision of access for construction purposes.
8H, 8P(3) and 8P(4)		195, 201 and 202	The provision of access for construction purposes.
8L and 8R		215 and 226	The provision of accesses for construction purposes.
8, 8G, 8J and 8R		217 to 219	The provision of access for construction purposes.
22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)		829 and 830	The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.
22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)		839	The use of a jetty and provision of moorings in the River Thames.
8, 8G, 8J and 8R	London Borough of Havering	1 to 4	The provision of access for construction purposes.
8 and 8S		25 to 30 and 45	The provision of a working site and access for construction purposes.
8 and 8U(7)		55 and 56	The provision of access for construction purposes.
COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX
9	Borough of Thurrock	52 and 56 to 67	The provision of access for construction purposes.
9, 9C, 9D, 9F(1) and 10		81, 83, 84, 89, 93, 94, 96 and 98	The provision of a working site and access for construction purposes.
COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT
10, 10A, 10B, 10C and 10J	Borough of Dartford, Parish of Swanscombe and Greenhithe	13 and 14	The provision of access for construction purposes.
10B, 10D, 10F(1) and 10R(2)		21 to 23	The provision of access for construction purposes.
10, 10T(1), 10T(3), 10T(8), 10R, 10P, 10Q and 11 to 11F	Borough of Dartford, Parish of Southfleet	12 and 13	The provision of access for construction purposes.
10T(6), 10T(7) and 10T(8)		26	The provision of access for construction purposes.
11		53	The provision of a working site.
10J and 10J(2)	Borough of Gravesham, Town of Gravesend	2 to 4	The provision of access for construction purposes.
10, 10B, 10C, 10D, 10E and 10F(1)		12 to 14	The provision of access for construction purposes.
10R(2)		42	The provision of access for construction purposes.
10B, 10C and 10N		70	The provision of access for construction purposes.
12, 12F and 12H	Borough of Gravesham, Parish of Cobham	28	The provision of a working site and temporary road diversion.
20A and 20B	Borough of Gravesham, Parish of Higham	9 and 10	The provision of access to a railhead to be used for construction purposes.
20A and 20B	Borough of Gravesham, Parish of Shorne	18	The provision of access to a railhead to be used for construction purposes.
13, 13B	City of Rochester Upon Medway, Town of Rochester	27 to 29	The provision of a working site and access to the River Medway for construction purposes.
13C and 13D		65, 68, 69 and 71	The provision of access for construction purposes.
13C and 13D	Borough of Tonbridge and Malling, Parish of Wouldham	1 and 2	The provision of access for construction purposes.
13	Borough of Tonbridge and Malling, Parish of Aylesford	1, 4, 29 and 41	The provision of a working site and access for construction purposes.
13	Borough of Maidstone, Parish of Boxley	88	The provision of access for construction purposes.
13 and 13J	Borough of Maidstone, Parish of Detling	1	The provision of a working site and access for construction purposes.
14 and 14A	Borough of Maidstone, Parish of Thurnham	5	The provision of a working site and access for construction purposes.
14	Borough of Maidstone, Parish of Leeds	1	The provision of access for construction purposes.
15	Borough of Ashford, Parish of Hothfield	6	The provision of access for construction purposes.
16, 16A, 16B and 16F		15	The provision of a working site and access for construction purposes.
16, 16A and 16B	Borough of Ashford, Town of Ashford	16	The provision of a working site.
16C and 16H		34 to 37 and 48	The provision of a working site and access for construction purposes.
16 and 16H		59 to 73 and 76	The provision of a working site and access for construction purposes.
16 and 16K		78	The provision of a working site and access for construction purposes.
16A, 16B, 16C, 16K and 16L		46 and 78 to 80	The provision of a working site and access for construction purposes.
16, 16A, 16B, 16C, 16K and 16M		85, 86, 89, 94 and 95	The provision of a working site and access for construction purposes.
16, 16A, 16B 16C and 16D		110, 111, 117 and 122	The provision of a working site and access for construction purposes.
16, 16A, 16B, 16C, 16D and 16E		125 and 131	The provision of a working site and access for construction purposes.
17, 17B and 17C	Borough of Ashford, Parish of Sevington	28	The provision of a working site.
17 and 17H	Borough of Ashford, Parish of Smeeth	24 and 27	The provision of access for construction purposes.
17, 17J(1) and 17K		31	The provision of a working site and access for construction purposes.
17 and 17J(2)	District of Shepway, Parish of Sellindge	44, 45 and 60	The provision of access for construction purposes.
17	District of Shepway, Parish of Stanford	7 and 17 to 19	The provision of access for construction purposes.
17 and 17Q	District of Shepway, Parish of Saltwood	13 to 16	The provision of a working site and access for construction purposes.
17, 17Q and 17P	District of Shepway, Parish of Postling	11 and 14 to 18	The provision of a working site and access for construction purposes.
18B, 18E, 18F and 18G	District of Shepway, Parish of Newington	3 and 4	The provision of a working site and access for construction purposes.
18J		6 and 9	The provision of access for construction purposes.
18A, 18AA, 18B, 18F, 18G and 18K		14 to 16, 19 to 21, 32 and 37	The provision of a working site and access for construction purposes.
18A, 18AA, 18B and 18G		31 and 40	The provision of working sites and access for construction purposes.
18AA		62	The provision of access for construction purposes.
18E	District of Shepway, Parish of Hythe	1	The provision of access for construction purposes.
18AA	District of Shepway, Town of Folkestone	6	The provision of a working site and access for construction purposes.
13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith	District of Thanet, Parish of Minster	2	The provision of access to a railhead to be used for construction purposes.
13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith	District of Dover, Parish of Sandwich	1	The provision of access to a railhead to be used for construction purposes.

(2) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(3) The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the work or works specified in relation to the land in column (1) of the table in sub-paragraph (1) above unless the owners of the land agree.

(4) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

(6) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4) above.

(7) In this paragraph, “structure” includes any erection.

2

(1) Before giving up possession of land of which possession has been taken under paragraph 1 above, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

(2) If, in relation to any land of which possession has been taken under paragraph 1 above, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the work or works specified in relation to the land in column (1) of the table in paragraph 1(1) above, the scheme shall be such as may be determined by the Secretary of State after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.

(3) Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) above shall provide for land to be restored to its former condition.

(4) Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) above shall not provide for the nominated undertaker to replace any structure removed under paragraph 1 above other than a fence.

(5) Where the Secretary of State asks the relevant planning authority for assistance in connection with the carrying out by him of his function under sub-paragraph (2) above, he may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(6) The duty under sub-paragraph (1) above in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.

(7) Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

(a) enter the land concerned and take that step, and

(b) require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a) above.

(8) In this paragraph—

. . .

“relevant planning authority” means—in relation to Greater London, the local planning authority, andin relation to Essex or Kent, the district planning authority; and

“structure” includes any erection.

3

(1) Where the power under paragraph 1 above to take possession of land is exercised in relation to any land to which section 4(1) above applies, the relevant powers of compulsory acquisition shall thereupon cease to be exercisable in relation to that land.

(2) Sub-paragraph (1) above shall not apply to compulsory acquisition by virtue of paragraph 8(1) of Schedule 4 to this Act.

(3) In sub-paragraph (1) above, the reference to the relevant powers of compulsory acquisition is to—

(a) the power to serve a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

(b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 of Schedule 4 to this Act.

Occupation and use for maintenance of works

4

(1) At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—

(a) enter upon and take possession of any land which is—

(i) within 20 metres from that work, and

(ii) within the limits of deviation for the scheduled works or the limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and

(b) construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.

(2) Sub-paragraph (1) above shall not authorise the nominated undertaker to take possession of—

(a) a house,

(b) any other structure which is for the time being occupied, or

(3) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(4) The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

(5) Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.

(6) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

(7) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

(8) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6) above.

(9) In this paragraph—

(a) “the maintenance period”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use,

(b) “structure” includes any erection, and

(c) any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Suspension of private rights of way

5

(1) All private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.

(2) Any person who suffers loss by the suspension of any right under this paragraph shall be entitled to compensation.

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

SCHEDULE 6

Part I — Qualifying Authorities

Specification

1

(1) As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—

(a) had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and

(b) has not subsequently been released from its undertakings.

(2) Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) above is a qualifying authority for the purposes of this Schedule.

(3) The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.

(4) If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.

(5) Before making an order under sub-paragraph (3) or (4) above, the Secretary of State shall consult—

(a) the nominated undertaker, and

(b) unless the authority concerned has requested him to make the order, that authority.

(6) A statutory instrument containing an order under sub-paragraph (3) or (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In sub-paragraph (4) above, the reference to the relevant day is—

(a) in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a) above, and

(b) in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.

(8) For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part II or III of this Schedule in relation to the giving of approval.

Transition

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(1) An order under paragraph 1 above may contain such transitional provision and savings as the Secretary of State thinks fit.

(2) Without prejudice to the generality of sub-paragraph (1) above, provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule.

(3) The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1) above.

Part II — Development in Greater London

Introductory

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This Part of this Schedule has effect in relation to development in Greater London.

Planning regimes

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(1) The requirement set out in paragraph 5 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a London borough council which is not a qualifying authority for the purposes of this Schedule.

(2) For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—

(a) the erection, construction, alteration or extension of any building, or

(b) the formation, laying out or alteration of any means of access to any highway used by vehicular traffic.

(3) The requirements set out in paragraphs 6 to 10 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a London borough council which is a qualifying authority for the purposes of this Schedule.

(4) The requirements set out in paragraph 11 below shall be conditions of the deemed planning permission so far as relating to development in the area of any London borough council.

Conditions: non-qualifying authority

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(1) Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

(2) The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3) Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4) The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

(a) that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

(b) that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.

(5) The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.

Conditions: qualifying authority

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(1) To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

(2) The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3) Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4) The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

Operation or work	Grounds
1.Construction works(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.	That the design or external appearance of the works ought to be modified—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.
2.Minor construction works The erection, construction, alteration or extension of any transformers, electronic communications masts or pedestrian accesses to the railway line.	That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.	That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of any railway comprised in Work No. 1 as lies between the northern end of the roof over St. Pancras station, as it is at the time of erection or construction, and the northern abutment of the existing bridge over the Regent’s Canal.	That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
6.Artificial lighting The erection, construction or installation of lighting equipment.	That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
	That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.
7.Waste and spoil disposal The disposal of waste or spoil.	That—(a) the design or external appearance of disposal sites on land within the relevant limits,(b) the methods by which such sites are worked, or(c) the noise, dust, vibration or screening arrangements during the operation of such sites,ought to be modified and are reasonably capable of being modified.That—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.
8.Borrow pits The excavation of bulk materials from borrow pits.	That—(a) the design or external appearance of borrow pits on land within the relevant limits,(b) the methods by which such pits are worked, or(c) the noise, dust, vibration or screening arrangements during the operation of such pits,ought to be modified and are reasonably capable of being modified.That—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

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(1) Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

(2) The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

(a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b) the ground specified in relation to the matter in the right-hand column of the table.

Matters	Grounds
1.Road transport Means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.	That the arrangements ought to be modified—(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
2.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.	That the arrangements ought to be modified to ensure that the spoil or top soil remain in good condition and are reasonably capable of being so modified.
3.Storage sites Sites on land within the relevant limits at which—(a) minerals, aggregates or other construction materials required for the development, or(b) spoil or top soil,are to be stored until used or re-used in carrying out the development or disposed of as waste.	That the arrangements ought to be modified—(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
4.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.	As item 3.
5.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.	As item 3.
6.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
7.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.	As item 6.
8.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.	As item 6.
9.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.	That the arrangements ought to be modified—(a) to preserve the local environment or local amenity, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
10.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.	That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(3) The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

(4) In this paragraph, “large goods vehicle” has the same meaning as in Part IV of the Road Traffic Act 1988.

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(1) To the extent that development consists of—

(a) the disposal of waste or spoil, or

(b) the excavation of bulk materials from borrow pits,

it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

(2) The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

(3) The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.

(4) In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

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(1) No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.

(2) The works to which this paragraph applies are—

(a) any scheduled work,

(b) any station constructed in exercise of the powers conferred by this Part of this Act, and

(c) any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

(3) The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—

(a) it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

(b) it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

(4) The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

(a) to preserve the local environment or local amenity,

(b) to preserve a site of archaeological or historic interest, or

and that the scheme is reasonably capable of being so modified.

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