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The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998

Type Statutory-Instrument
Publication 1998-08-06
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
(1) (2) (3) (4)
Area Street affected Length Notes
City of Manchester Sheffield Street On the south side of the realigned Sheffield Street to a point 50 m either side of and including the level crossing. Replaces existing traffic order.
On the north side of the realigned Sheffield Street to a point 50 m either side of and including the level crossing including the junction of Baird Street for a distance of 17 m from its junction with the realigned Sheffield Street. For the purposes of maintaining adequate visibility at the level crossing.
Pollard Street access Road On the east and west sides of the new access road from its junction with Pollard Street to and including the level crossing. Replaces existing traffic regulation order.
Pollard Street at Carruthers Street Junction On the west side and from a point 60 m from the junction with Carruthers Street on both sides of Pollard Street. Replaces existing traffic regulation order.
Pollard Street at Carruthers Street On the east side of the junction with Carruthers Street, both sides for a distance of 40 m. Extends and replaces single yellow order on this section.
Carruthers Street North For a distance of 40 m from the junction with Pollard Street, both sides. Extends and replaces single yellow order on this section.
City of Manchester Carruthers Street South For a distance of 40 m south of the junction with Pollard Street and Merrill Street.
Merrill Street From its junction with Pollard Street to its junction with Every Street and Ashton New Road, both sides for a distance of 210 m. Replaces existing traffic regulation order.
Realigned Frost Street From its junction with Merrill Street both sides for a distance of 15 m.
Ashton New Road at Holt Town Bridge From the junction with Every Street, Merrill Street and the realigned Frost Avenue for a distance of 70 m both sides. Extends existing traffic regulation order on Ashton New Road.
Cavalier Street and extension 70 m both sides of level crossing. To provide adequate visibility to the street tramway.
Ashton New Road 35 m either side of the level crossing on both sides. To extend existing order to cover the approaches to the level crossing.
Clayton Street From the junction with Ashton New Road for 70 m both sides. To protect the level crossing.
Ashton New Road For a distance of 60m on both sides, to commence 70 m west of Clayton Hall Road. To keep signalised crossing clear.
Ashton New Road At the junction with Canberra Street, on the north side 55 m west, and 10 m east and on the south side 55 m west and 120 m east. To protect the street tramway operation.
Ashton New Road At the junction with Seymour Road, on the north side, 10 m to the west and 30 m to the east and including the junction itself. To safeguard the operation of the junction.
On the south side for a distance of 70 m west and 10 m east including the unnamed access to the retail park. Replaces existing traffic order.
Manchester Road To the west of Edge Lane, on the north side for a distance of 60 m, on the south side for a distance of 110 m including the junction with Edge Lane. To extend the existing double yellow order to protect the operation of the street tramway.
Borough of Tameside Manchester Road To the east of Edge Lane, on the north side for a distance of 70 m, on the south side for a distance of 55 m including the junction with Edge Lane. To retain the existing traffic regulation order.
Manor Road To the east of Edge Lane, to the north side for a distance of 35 m and on the south side for a distance of 80 m. To protect the operation of the street tramway.
Manchester Road At the junction with Cooper Street, on the north side for a distance of 20 m to the west and 18 m to the east including the junction with Cooper Street. To protect the operation of the street tramway.
On the south side, for a distance of 80 m to the west of Eastwood Avenue.
Manchester Road On the south side, in the parking bay to the east of Buxton Lane for a distance of 30 m. To enable school traffic to set down and pick up only for daytime operation only.
Manchester Road At the junction with Sunnybank Road, on the north side for a distance of 85 m to the west and to the east for a distance of 210 m. On the south side for a distance of 110 m to the east of the junction with Beard Street. To protect the operation of the street tramway.
Manchester Road At the junction with Cemetery Road and Clegg Street, on the north side 15 m west and 10 m east of the junction and on the south side, 25 m west and 15 m east of the junction. To protect the operation of the street tramway.
Manchester Road On the north side from the junction with Water Lane to the junction with Market Street, on the south side from a point 30 m west of the junction with Mellor Street to the junction with Market Street. To extend the existing traffic regulation order to protect the operation of the street tramway.
Borough of Tameside Ashton Road On the north side for a distance of 305 m from the junction with Market Street. To protect the operation of the street tramway.
Ashton Road At the junction with Williamson Lane, on the south side to the west for a distance of 60 m and to the east for a distance of 80 m. To protect the operation of the street tramway.
Droylsden Road On the north side from the junction with North Drive to a point 20 m east of the junction with Lumb Lane. To protect operation of the street tramway.
On the south side from the junction with Kingsley Grove to Lumb Lane, including the junction with Lumb Lane.
Droylsden Road On the north side from the junction with Assheton Avenue for a distance of 60 m eastwards. To protect the operation of the street tramway.
Manchester Road 70 m east of the junction with Gainsborough Road on the north side slip road. To ensure the lane is not blocked.
Gainsborough Road On both sides for a distance of 40 m from the junction with Manchester Road. To protect the level crossing.

PART II — DIRECTION OF TRAFFIC

(1) (2) (3)
Area Street affected Direction
City of Manchester Pollard Street Closure to west bound traffic from Merrill Street.
Carruthers Street Closure to south bound traffic from the Pollard Street junction.
Ronald Street Closure to north bound traffic at the Ashton New Road junction.
Borough of Tameside Cooper Street Opening to two-way traffic from Manchester Road to Manor Road.

PART III — PROHIBITION ON ACCESS

(1) (2) (3)
Area Street affected Description
City of Manchester Carruthers Street Banned right turn movement, BRS1, on exit from Carruthers Street at junction with Merrill Street.
Merrill Street Banned right turn movement, BRS2, on exit from Merrill Street at junction with Pollard Street.
Merrill Street Banned right turn movement, BRS3, on exit from Merrill Street at junction with Every Street.
Borough of Tameside Manor Road Banned left turn movement, BRS4A, into Windsor Road at junction with Manor Road.
Manchester Road Banned right turn movement, BRS5, into Eastwood Avenue at junction with Manchester Road.
Manchester Road Banned right turn movement, BRS6, into Mellor Street at junction with Manchester Road.
Craven Street Banned right turn movement, BRS7, on exit from Craven Street at junction with Manchester Road.
Villemomble Square Banned right turn movement, BRS8, on exit from Villemomble Square at junction with Market Street.
Droylsden Road Banned right turn movement, BRS9, into Kershaw Lane at junction with Droylsden Road.
Droylsden Road Banned right turn movement, BRS10, into North Drive at junction with Droylsden Road.
Droylsden Road Banned left turn movement, BRS11, into Lumb Lane at junction with Droylsden Road.
Park Road Banned right turn movement, BRS12, on exit from Park Road at junction with Manchester Road.
Gainsborough Road Banned right turn movement, BRS13, on exit from Gainsborough Road at junction with Manchester Road.

SCHEDULE 10 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc. on land acquired

1
  • (1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) shall apply in relation to any land acquired or appropriated by the undertaker under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.
  • (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above, references to the appropriate Minister are references to the Secretary of State.
  • (3) Where any apparatus of public utility undertakers or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
  • (4) Sub-paragraph (3) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—
  • (a) the owner or occupier of premises the drains of which communicated with that sewer, or
  • (b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

  • (5) The provisions of the 1990 Act mentioned in sub-paragraph (1) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the 1991 Act applies.
  • (6) In this paragraph—
  • “the 1990 Act” means the Town and Country Planning Act 199036;
  • “public telecommunications operator” means— a person authorised, by a licence to which section 9 of the Telecommunications Act 198437 applies, to run a public telecommunications system, or a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; and
  • “public utility undertakers” has the same meaning as in the Highways Act 198038.

Apparatus of statutory undertakers etc. in stopped up streets

2
  • (1) Where a street is stopped up under article 11 of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.
  • (2) The undertaker shall give not less than 28 days' notice in writing of its intention to stop up any street under article 11 of this Order to any statutory utility whose apparatus is under, in, upon, over, along or across that street.
  • (3) Where notice under sub-paragraph (2) above has been given any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by the undertaker, shall—
  • (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it, or
  • (b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.
  • (4) Subject to the following provisions of this paragraph, the undertaker shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—
  • (a) the execution of relocation works required in consequence of the stopping up of the street, and
  • (b) the doing of any other work or thing rendered necessary by the execution of relocation works.
  • (5) If in the course of the execution of relocation works under sub-paragraph (3) above—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions except where this has been solely due to using the nearest available type, capacity or dimension, or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.

  • (6) For the purposes of sub-paragraph (5) above—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus, and
  • (b) where the provisions of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.
  • (7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7.5 years earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30 June 1992, as revised and re-issued from time to time.
  • (8) Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the 1991 Act, but instead—
  • (a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and
  • (b) the allowable costs shall be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.
  • (9) In this paragraph—
  • “apparatus” has the same meaning as in Part III of the 1991 Act;
  • “relocation works” means works executed, or apparatus provided, under sub-paragraph (3) above; and
  • “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.

Railway and navigation undertakings

3
  • (1) Subject to the following provisions of this paragraph, the powers under article 10 of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—
  • (a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or
  • (b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.

  • (2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.
  • (3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.
  • (4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

Signed

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

A S D Whybrow — Head of Charging and Local Transport Division, — Department of the Environment, Transport and the Regions — 6th August 1998

Explanatory note

(This note is not part of the Order)

This Order authorises Greater Manchester Passenger Transport Executive to construct works and compulsorily to acquire land and rights in land for the purpose of extending the Metrolink light rapid transit system to run from Manchester Piccadilly Station to Ashton-under-Lyne.

Copies of the works plans, the sections, the land plans, the public open space plans and the book of reference are available for inspection free of charge during working hours at—

  • GMPTE, 9 Portland Street, Piccadilly Gardens, Manchester M60 1HX;
  • City Planning Department Reception, Manchester City Council, Level 7, Town Hall Extension, Lloyd Street Entrance, Manchester M60 2JT;
  • Planning and Engineering Department, Tameside Metropolitan Borough Council, Level 5, Council Offices, Wellington Road, Ashton-under-Lyne, OL6 6DL.

Footnotes

1

S.I. 1992/2902.

13

S.I. 1993/1849.

19

S.I. 1969/17.

20

S.I. 1975/148.

26

S.I. 1996/2714.

33

S.I. 1994/1519.

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