Crossrail Act 2008

Works

Construction and maintenance of scheduled works

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

• (a) works for the construction of an underground railway between, in the west, a tunnel portal at Royal Oak in the City of Westminster and, in the east, tunnel portals at Custom House and Pudding Mill Lane in the London Borough of Newham,

• (b) works for the construction of other railways in the London Boroughs of Barking & Dagenham, Bexley, Ealing, Greenwich, Hammersmith and Fulham, Havering, Hillingdon, Newham, Redbridge and Tower Hamlets, the City of Westminster, the Royal Borough of Kensington & Chelsea, the District of Basildon and the Borough of Brentwood in the County of Essex, the Royal Borough of Windsor & Maidenhead and the Borough of Slough in the County of Berkshire and the District of South Bucks in the County of Buckinghamshire,

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

• (2) Subject to subsections (3) to (5), the scheduled works shall be constructed—

• (a) in the lines or situations shown on the deposited plans,

• (b) in accordance with the levels shown on the deposited sections, and

• (c) in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown.

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

• (4) In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate vertically from the level shown for that work on the deposited sections to any extent downwards.

• (5) In constructing or maintaining any of the scheduled works, the nominated undertaker may, subject to subsection (6), deviate vertically from the level shown for that work on the deposited sections to the following extent upwards—

• (a) in the case of the following, to any extent not exceeding 6 metres—

• (i) so much of Work No. 1/3B as lies between a point 10,200 metres from its commencement and its termination;

• (ii) so much of Work No. 1/4B as lies between its commencement and a point 600 metres from its commencement;

• (iii) so much of Work No. 2/1B as lies between its commencement and a point 800 metres from its commencement;

• (b) in the case of the remainder of the scheduled works, to any extent not exceeding 3 metres.

• (6) In the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, the power of deviation under subsection (5) is subject to the limit so shown.

Works: further and supplementary provisions

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Schedule 2 (which contains further and supplementary provisions about works) has effect.

Highways

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

Overhead lines

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• (1) Section 37(1) of the Electricity Act 1989 (c. 29) (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—

• (a) for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works, or

• (b) in pursuance of any of the protective provisions included in this Act,

is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

• (2) Schedule 4 (which makes alternative provision for consent in relation to lines to which subsection (1) applies) has effect.

• (3) On the revocation or expiry of consent under Schedule 4, the line to which the consent relates shall cease to be a line to which subsection (1) applies.

• (4) On granting consent under Schedule 4 to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, and any ancillary development, subject to such conditions (if any) as may be specified in the direction.

• (5) In subsection (4)—

• (a) “electricity undertakers” means the holder of a licence under section 6 of the Electricity Act 1989 (c. 29), and

• (b) the reference to the appropriate Ministers is to the Secretary of State for Energy Security and Net Zero and the Secretary of State for Transport acting jointly.

Land

Temporary possession and use

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

Acquisition of land 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 Act or otherwise for or in connection with Crossrail, 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), 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 1 of Schedule 6 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 of the Schedule as one for which that land may be acquired or used.

• (3) Part 2 of Schedule 6 (application of legislation relating to compulsory purchase) and Part 3 of that Schedule (supplementary provisions) have effect.

• (4) The power conferred by subsection (1) shall not be exercisable in relation to land the surface of which is comprised in a highway where the land is specified in the table in paragraph 15(2) of Schedule 3.

• (5) The power conferred by subsection (1) shall not be exercisable in relation to land specified in the table in paragraph 1(1) of Schedule 5 unless it is also specified in the table in paragraph 11(1) of Schedule 6.

• (6) After the end of the period of 5 years beginning with the day on which this Act is passed—

• (a) no notice to treat shall be served under Part 1 of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under subsection (1), and

• (b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), as applied by paragraph 4 of Schedule 6.

• (7) The Secretary of State may by order extend the period under subsection (6) in relation to any land.

• (8) The Secretary of State may only exercise the power in subsection (7) in relation to any land—

• (a) once, and

• (b) so as to extend the period under subsection (6) by not more than 5 years.

• (9) An order under subsection (7) shall be subject to special parliamentary procedure.

Acquisition of land not subject to the power under section 6(1)

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• (1) The Secretary of State may acquire compulsorily land outside the limits of deviation for the scheduled works and the limits of land to be acquired or used which is required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

• (2) The Secretary of State may acquire compulsorily land within the limits of deviation for the scheduled works or the limits of land to be acquired or used which—

• (a) is required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail, and

• (b) is not land in relation to which the power conferred by section 6(1) is exercisable.

• (3) Subsection (2) shall have effect as if land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule 6, or in columns (1) and (2) of the table in paragraph 10 of that Schedule, were not land in relation to which the power conferred by section 6(1) is exercisable, but the power conferred by subsection (2) shall not be exercisable—

• (a) in the case of land specified in the table in paragraph 8, 9 or 12, in relation to the creation and acquisition of any easement or other right over land in relation to the creation and acquisition of which the power under section 6(1) is exercisable;

• (b) in the case of land specified in columns (1) and (2) of the table in paragraph 10, in relation to so much of the land as falls within the description specified in relation to it in column (3) of the table;

• (c) in the case of land specified in the table in paragraph 11(1) or 12, 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.

• (4) Without prejudice to the generality of subsections (1) and (2), the land which may be compulsorily acquired under those subsections 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 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 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 6(1).

• (5) The power of acquiring land compulsorily under subsection (1) or (2) shall include power to acquire an easement or other right over land by the grant of a new right.

• (6) The Acquisition of Land Act 1981 (c. 67) shall apply to the compulsory acquisition of land under subsection (1) or (2); and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (5).

• (7) Part 1 of the Compulsory Purchase Act 1965 (c. 56), and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (5) above with the modifications mentioned in paragraph 6(2)(a) and (b) of Schedule 6.

• (8) 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.

Extinguishment of private rights of way

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• (1) This section 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 held by the Secretary of State as being required for or in connection with the works authorised by this Act.

• (2) All private rights of way over land to which this section applies shall be extinguished—

• (a) in the case of land held 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 after the coming into force of this Act, at the appropriate time.

• (3) Subsection (2) does not apply to—

• (a) a right of way over land which, were it held otherwise than by the Secretary of State, would not be capable of being acquired under section 6(1), or

• (b) a right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (c. 8) (extinguishment of rights of statutory undertakers etc.) applies.

• (4) Subsection (2)(b) does not apply to a right of way that is excepted from the application of that provision by direction of the Secretary of State given before the appropriate time.

• (5) Subject to subsection (6), the references in subsections (2)(b) and (4) to the appropriate time are to the time of acquisition.

• (6) 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 (c. 56) (power of entry following notice to treat) is exercised,

the references to the appropriate time are to the time of entry under that provision.

• (7) 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.

• (8) 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 1 of the Land Compensation Act 1961 (c. 33).

Extinguishment of rights of statutory undertakers etc.

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• (1) Sections 271 to 273 of the Town and Country Planning Act 1990 (c. 8) (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 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), 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), 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 the Crossrail Act 2008 ”, 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).

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

• (a) in section 274(3), for “local authority or statutory undertaker” 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

Planning: general

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• (1) Subject to subsection (2), planning permission shall be deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act.

• (2) In the case of any development authorised by this Act which consists of the carrying out of a work other than a scheduled work, subsection (1) only applies if—

• (a) the development is not of a kind in relation to which it is necessary to take environmental information into account before granting planning permission, or

• (b) it is development in relation to which information contained in a statement specified for the purposes of this paragraph constituted at the time of the statement's deposit or publication an environmental statement within the meaning of the EIA regulations.

• (3) For the purposes of subsection (2)(a), development is of a kind in relation to which it is necessary to take environmental information into account if—

• (a) it is of a description mentioned in Schedule 1 to the EIA regulations, or

• (b) it is of a description mentioned in column (1) of the table in Schedule 2 to those regulations and likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

and it is not exempt development within the meaning of those regulations.

• (4) The following are the statements specified for the purposes of subsection (2)(b)—

• (a) the statement deposited in connection with the Crossrail Bill in the Private Bill Office of the House of Commons in February 2005 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

• (b) the statements containing additional environmental information published in connection with the Crossrail Bill by the Secretary of State, notice of the publication of which was published in the London Gazette on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th May 2007.

• (5) In relation to development excepted by subsection (2) from the planning permission deemed by subsection (1) to be granted, the EIA regulations shall have effect with the omission, in the definition of “Schedule 2 development” in regulation 2(1), of the words from “where” to the end.

• (6) Schedule 7 (which makes provision about planning conditions) has effect in relation to development for which planning permission is deemed by subsection (1) to be granted.

• (7) Development for which permission is deemed by subsection (1) 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 (S.I. 1995/418) (or any order replacing that order).

• (8) Planning permission which is deemed by subsection (1) 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 (c. 8) (specific planning permission for the development of statutory undertakers' land relevant to whether the land is operational land).

• (9) In this Act, “the EIA regulations” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) (or any regulations replacing those regulations).

Permitted development: time limit

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