The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002

• (b) the land within the Order limits to be occupied and used by DLRL as temporary working sites for the purpose of such construction, the period for which and the manner in which each site shall be used and the steps to be taken by DLRL in order to mitigate any injury to amenity.

3

DLRL shall consult the Council as to—

• (a) the routes in the Council’s area proposed to be used by vehicles, machinery and plant, passing to or from any works under construction; and

• (b) the proposed manner and method of disposing of any soil or waste material resulting from the carrying out of any operation in connection with the authorised works;

and such soil or waste material shall not be disposed of by DLRL in the Council’s area in any manner as shall be objected to in writing by the Council.

4

Before commencing to construct any authorised work which will involve highway operations, DLRL shall consult the Council as to the time when that work will be commenced, as to the extent of the surface of the highway which it may be reasonably necessary for DLRL to occupy in the construction of that work, and as to the conditions under which that work shall be constructed so as not to cause so far as possible inconvenience to the public and to ensure the safety of the public.

5

Any such highway shall be reinstated by DLRL in a manner reasonably approved by the Council and to its reasonable satisfaction.

6

DLRL shall not, except with the consent of the Council, deposit any soil, subsoil or materials or stand any vehicle or plant on any highway (except on so much thereof as is for the time being temporarily stopped up or occupied under the powers of this Order) so as to obstruct the use of such highway by any person or, except with the like consent, deposit any soil, subsoil or materials on any highway except within a hoarding.

7

Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction shall be given by the Council to the contractors, servants or agents of DLRL regarding any highway operations without the prior consent in writing of DLRL; but the Council shall not be liable for any additional costs which may be incurred as a result of the giving of instructions or directions pursuant to this paragraph.

8

DLRL shall, if reasonably so required by the Council, provide and maintain during such time as DLRL may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994 in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

9

DLRL shall indemnify the Council against any claim which may arise as a result of any subsidence of, or damage to, any highway or any retained sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith or any other property or work belonging to, or under the jurisdiction or control of, the council on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of DLRL, its contractors, servants or agents but the Council shall give to DLRL reasonable notice of any such claim and no settlement or compromise of it shall be made without DLRL’s prior consent.

10

Wherever in this Schedule provision is made with respect to the approval or consent of the Council, that approval or consent shall be in writing and may be given subject to such reasonable terms and conditions as the Council may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but shall not be unreasonably withheld.

11

Unless otherwise agreed between the parties any difference arising between DLRL and the Council under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration.

SCHEDULE 13 — FOR PROTECTION OF THE ENVIRONMENT AGENCY

1

The following provisions of this Schedule shall, unless otherwise agreed in writing between DLRL and the Environment Agency, have effect.

2

Before applying for any consent under section 109 of the Water Resources Act 1991 in respect of the Royal Albert and Victoria Docks Cut, DLRL shall undertake a condition survey of the existing culvert within the limits of deviation and shall provide the Environment Agency with a copy of the report of that survey contemporaneously with the application for consent.

3

In carrying out any works under the powers conferred by this Order along the River Thames, Bow Creek, Pontoon Dock, Royal Albert Dock or King George V Dock, DLRL shall do nothing to affect the tidal defences.

4

In carrying out the authorised works, DLRL shall—

• (a) maintain vehicular and pedestrian access to and egress from the Thames Barrier along the Barrier Access Road or provide a reasonably suitable alternative for Environment Agency employees, their vehicles and security vehicles employed in connection with the Thames Barrier;

• (b) maintain reasonable access to and egress from the open channel section of the Royal Victoria Docks Cut between Dock Road and the outfall culvert.

5

If, in an emergency relating to the Thames Barrier or the Barking Barrier and its associated gates, the Environment Agency notifies DLRL that it requires the use of the Barrier Access Road for emergency vehicles and plant and DLRL is at that time undertaking works that cause an obstruction to the Barrier Access Road, DLRL shall immediately upon receipt of such notice take such steps as may be reasonably necessary to ensure the removal of the obstruction, including if necessary the temporary suspension of so much of the authorised works as is causing the obstruction.

6

So much of Work No.1 as crosses the Barrier Access Road or any carriageways at the North Woolwich Roundabout which need to be used to access the Barrier Access Road shall be constructed with a minimum clearance of 5.3 metres to the underside of the permanent viaduct structure and so that no supporting pillar intrudes into the carriageway so as to cause any restriction on access or egress or to the turning arrangements at the junction with Woolwich North Road.

7

DLRL may relocate the turning bay on the Barrier Access Road within the limits of deviation so far as this is necessary to ensure that the authorised works do not prevent an adequate turning bay remaining continuously available during and after the construction of the works.

8

Subject to paragraphs 4 to 7 above, DLRL will not acquire from the Environment Agency under the powers conferred by this Order any rights or interests in the Barrier Access Road and adjacent land beyond those that are reasonably required for or in connection with the construction and operation of the authorised works, including for the avoidance of doubt the airspace occupied by and above the viaduct forming part of Work No.1, associated pillars and rights to protect the safe and efficient operation and use of the authorised works and access for the maintenance of those works.

9

Before carrying out under the powers of this Order—

• (a) any part of the authorised works on or within 8 metres of the banks of any watercourse or within 16 metres in the case of a watercourse which is tidal (including the tidal docks);

• (b) the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991; or

• (c) the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in or through any land within the limits of deviation or the further limits,

DLRL shall supply to the Environment Agency for its approval proper and sufficient plans of its proposals (including, where appropriate, plans for mitigating any adverse effects) and shall not carry out any such operation or work otherwise than in accordance with such plans as are approved.

10

The approval of plans supplied under paragraph 9 above shall not be unreasonably withheld and if, within 2 months of such plans being supplied to the Environment Agency, the Environment Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied.

11

For the purposes of paragraph 9 above, “banks” has the meaning given by section 72 of the Land Drainage Act 1991 and “plans” includes sections, drawings, specifications, calculations and descriptions.

12

Any culvert or any structure designed to contain or divert the flow of any watercourse being a culvert or structure situated within any land within the limits of deviation for the scheduled works, whether constructed under the powers conferred by this Order or in existence prior to the making of this Order, shall be maintained by DLRL in good repair and condition and free from obstruction.

13

Nothing in paragraph 12 above shall have the effect of requiring DLRL to carry out works of maintenance in respect of any culvert or structure which the Environment Agency or another person is liable to maintain.

14

If any operation or work is carried out in contravention of this Schedule DLRL shall upon receiving notice from the Environment Agency take such action as may be necessary to remedy the effect of the contravention to the Environment Agency’s reasonable satisfaction and in default the Environment Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertaker as a debt due from it to the Environment Agency.

SCHEDULE 14 — FOR PROTECTION OF SPECIFIED UNDERTAKERS

Interpretation

1

In this Schedule—

• “apparatus” means—in the case of a specified undertaker which is an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 ) belonging to, or maintained by, that undertaker;in the case of a specified undertaker which is a gas undertaker, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of the transportation and storage of gas;in the case of a specified undertaker which is a water undertaker, mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; andin the case of a specified undertaker which is a sewerage undertaker,any drain or works vested in the undertaker under the Water Industry Act 1991 ; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104;and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

• and includes any structure for the lodging therein of apparatus or for giving access to such apparatus;

• “construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

• “emergency works” has the same meaning as in section 52 of the 1991 Act;

• “in”, in a context referring to apparatus in land, includes under, over, across, along or upon land;

• “necessary alternative apparatus” means alternative apparatus adequate to enable a specified undertaker to fulfil its statutory or licensed functions in a manner no less efficient than previously;

• “plans” includes sections, specifications and method statements;

• “specified work” means any of the authorised works which—will or may be situated over, or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus; orwherever situated, imposes any load upon any sewer;the removal of which has not been required under paragraph 8; and

• “specified undertaker” means—Transco plc, whose registered office is 130 Jermyn Street, London SW1Y 4UR;Scottish and Southern Energy plc, whose registered office is Inveralmond House, 200 Dunkeld Road, Perth PH1 3AQ; orThames Water Utilities Limited, whose registered office is Gainsborough House, Manor Farm Road, Reading, Berkshire, RG2 0JN,or any person succeeding any such company as a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas transporter within the meaning of Part I of the Gas Act 1986 , a water undertaker within the meaning of the Water Industry Act 1991 or as a sewerage undertaker within the meaning of Part I of that Act, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.

Application of Schedule 10

2

Paragraphs 1(1) and 2 of Schedule 10 to this Order shall not apply in relation to a specified undertaker and paragraphs 1(3) and 1(4) of that Schedule shall have effect as if they referred to apparatus removed under this Schedule.

Apparatus in stopped up streets

3

Where any street is stopped up under article 10 of this Order, any specified undertaker whose apparatus is in the street shall have the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up, but nothing in this paragraph shall affect any right of DLRL or of the specified undertaker to require the removal of that apparatus under paragraph 8 below or the power of DLRL to carry out works under paragraphs 20 to 29 below.

4

DLRL shall give not less than 28 days’ notice in writing of its intention to stop up any street under article 10 of this Order to any specified undertaker whose apparatus is in that street.

On-street apparatus

5

This Schedule shall not apply to anything done or proposed to be done in relation to or affecting any apparatus in so far as the relations between DLRL and the specified undertaker are regulated by the provisions of Part III of the 1991 Act.

Acquisition of land

6

DLRL shall not acquire any apparatus from a specified undertaker pursuant to this Order otherwise than by agreement.

7

DLRL may in exercise of the powers of this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus shall be extinguished but no apparatus shall be removed nor shall any right of the specified undertaker to use, maintain, repair, renew or inspect any apparatus be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the specified undertaker.

Removal of apparatus

8

Paragraphs 9 to 12 below apply where—

• (a) DLRL requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the specified undertaker not less than 56 days’ written notice of that requirement together with a plan of the proposed work and of the proposed position of the alternative apparatus to be provided or constructed; or

• (b) in consequence of the exercise or proposed exercise of any of the powers of this Order, the specified undertaker reasonably requires to remove any apparatus.

9

DLRL shall, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by DLRL for the purpose of its undertaking or in which it has sufficient rights or interests and thereafter for the use, maintenance, repair, renewal and inspection of such apparatus and, if DLRL is unable to obtain those rights and facilities, the specified undertaker shall, on receipt of a written notice to that effect from DLRL, use its best endeavours to obtain the necessary rights and facilities.

10

The obligation imposed upon the specified undertaker by paragraph 9 above shall not extend to the exercise by the specified undertaker of any power to acquire any land or rights in land by compulsory purchase order.

11

Any alternative apparatus to be constructed by the specified undertaker pursuant to paragraph 9 above shall be constructed in such manner, and in such line or situation, as may be agreed between the specified undertaker and DLRL or, in default of agreement, determined by arbitration.

12

The specified undertaker shall, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined and after the grant to or obtaining by the specified undertaker of any such facilities and rights as are referred to in paragraph 9 above, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by DLRL to be removed in accordance with paragraph 8 above.

Removal of apparatus and construction of alternative apparatus by DLRL

13

Paragraphs 14 to 16 below apply to so much of the work necessary in connection with the construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land held or used, or intended for use, by DLRL for the purpose of its undertaking.

14

If DLRL gives notice in writing to the specified undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the specified undertaker, may be carried out by DLRL with the prior written consent of the specified undertaker (which shall not be unreasonably withheld and shall be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the specified undertaker and DLRL or, in default of agreement, determined by arbitration, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the specified undertaker.

15

In carrying out any work under paragraph 14 above DLRL shall comply with all statutory obligations which would have been applicable had the works been carried out by the specified undertaker.

16

Nothing in paragraph 14 above shall authorise DLRL to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 600 millimetres (measured in any direction) of the apparatus.

Facilities and rights for alternative apparatus

17

Where, in accordance with the provisions of this Schedule, DLRL affords to the specified undertaker facilities and rights for the construction, use, maintenance, repair, renewal and inspection in land of DLRL of alternative apparatus in substitution for apparatus to be removed as aforesaid, those facilities and rights shall be granted upon such terms and conditions as may be agreed between DLRL and the specified undertaker or, in default of agreement, determined by arbitration.

18

In determining the terms and conditions mentioned in paragraph 17 above in respect of alternative apparatus to be constructed across or along the authorised works the arbitrator shall—

• (a) give effect to all reasonable requirements of DLRL for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any such works; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions applicable to the apparatus (if any) constructed across or along the authorised works for which the alternative apparatus is to be substituted and to any other reasonable requirements of the specified undertaker.

19

If the facilities and rights to be afforded by DLRL in respect of any alternative apparatus under paragraph 17 above and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the specified undertaker than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by DLRL by or to the specified undertaker in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the case.

Retained apparatus: protection and plan approval

20

Not less than 56 days before commencing to construct or renew any specified work, DLRL shall submit to the specified undertaker plans of the works.

21

In relation to a work which is a specified work because of its proximity to or effect on a sewer, the plans to be submitted to the specified undertaker under paragraph 20 above shall be detailed plans describing—

• (a) the exact position of the specified work;

• (b) the level at which it is proposed to be constructed or renewed;

• (c) the manner of its construction or renewal;

• (d) the position of all sewers within 15 metres of the specified work or upon which the specified work will impose a load; and

• (e) by way of detailed drawings, every alteration proposed to be made to any such sewer.

22

DLRL shall not commence the construction or renewal of any specified work to which paragraph 21 above applies until the specified undertaker has given written approval of the plans so submitted.

23

Any approval of the specified undertaker required under paragraph 22 above—

• (a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 24 below;

• (b) shall not be unreasonably withheld; and

• (c) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

24

In relation to a work to which paragraph 21 above applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.

25

A specified work shall be constructed (and in the case of any temporary work removed) only in accordance with—

• (a) the plans submitted as aforesaid (and, in the case of plans relating to sewers approved, deemed to have been approved or settled by arbitration, as amended from time to time by agreement between DLRL and the specified undertaker); and

• (b) all reasonable requirements made by the specified undertaker for the alteration, or otherwise for the protection, of the apparatus, or for securing access thereto;

and the specified undertaker shall be entitled by its officer to watch and inspect the carrying out of the work.

26

If within 42 days after the submission to it of any plans under paragraph 20 above, in consequence of the works proposed by DLRL the specified undertaker reasonably requires the removal of any apparatus and gives written notice to DLRL of that requirement, the foregoing provisions of this Schedule shall have effect as if the removal of such apparatus had been required by the specified undertaker under paragraph 8 above.

27

Nothing in paragraphs 20 or 26 above shall preclude DLRL from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any specified work, a new plan thereof in lieu of the plan previously submitted, and thereupon the provisions of those paragraphs shall apply to, and in respect of, such new plan save that the reference in paragraph 26 above to 42 days shall be treated as a reference to 21 days.

28

DLRL shall not be required to comply with paragraph 20 above in a case where it is necessary to carry out emergency works but, in such a case, it shall give to the specified undertaker notice so soon as reasonably practicable, and a plan of the works so soon as reasonably practicable thereafter, and shall comply with paragraph 25 above so far as reasonably practicable in the circumstances.

29

Nothing in paragraph 28 above shall entitle DLRL to carry out works to any apparatus but, upon receipt of notice from DLRL, the specified undertaker shall proceed to carry out such works as may be required with all reasonable despatch.

Co-operation

30

Where in consequence of the proposed construction of any of the authorised works, DLRL or a specified undertaker requires the removal of apparatus under paragraph 8 above or a specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 25 above, DLRL shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each specified undertaker shall use its best endeavours to co-operate with DLRL for that purpose.

Access

31

If in consequence of the exercise of the powers of this Order the access to any apparatus is materially obstructed DLRL shall provide such alternative means of access to such apparatus as will enable the specified undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Expenses

32

Subject to the provisions of the following paragraphs of this Schedule, DLRL shall repay to the specified undertaker the reasonable expenses incurred by the specified undertaker in, or in connection with—

• (a) the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

• (b) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by DLRL of any power under this Order;

• (c) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by DLRL of any power under this Order; and

• (d) any other work or thing rendered reasonably necessary in consequence of the exercise by DLRL of any such power,

within a reasonable time of being notified by the specified undertaker that it has incurred such expenses.

33

There shall be deducted from any sum payable under paragraph 32 above the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

34

If in pursuance of the provisions of this Schedule—

• (a) alternative apparatus of better type, or 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 currently available type; or

• (b) apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated;

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 DLRL or, in default of agreement, is not determined by arbitration to be necessary having regard, inter alia, to the nature of the authorised works, then, if such placing involves cost in the construction of works under paragraphs 9 to 12 above 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 paragraph would be payable to the specified undertaker by virtue of paragraph 32 above shall be reduced by the amount of that excess.

35

For the purposes of paragraph 34 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 except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

• (b) where the provision of a joint in a pipe or 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.

36

An amount which apart from this paragraph would be payable to the specified undertaker in respect of works by virtue of paragraphs 32 to 35 above shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the specified undertaker any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part 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 30th June 1992, as revised and re-issued from time to time.

37

In any case where work is carried out by DLRL pursuant to paragraphs 14 to 16 above and, if such work had been carried out by the specified undertaker, the repayment made to the specified undertaker under paragraph 32 above would fall to be reduced pursuant to paragraphs 34 to 36 above, the specified undertaker shall pay to DLRL such sum as represents the amount of that reduction.

Indemnity

38

If, by reason or in consequence of the construction, maintenance or failure of any of the authorised works, including any works carried out by DLRL pursuant to paragraph 14 above or protective works required by a condition imposed under paragraph 23(a) above or required under paragraph 25(b) above, or any subsidence resulting from any of those works, any damage shall be caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or other property of the specified undertaker, or there is any interruption in any service provided by the specified undertaker, DLRL shall repay the cost reasonably incurred by the specified undertaker in making good such damage, or restoring the supply, and shall—

• (a) make reasonable compensation to the specified undertaker for any loss sustained by it; and

• (b) indemnify the specified undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the specified undertaker;

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the specified undertaker on behalf of DLRL or in accordance with plans approved by the specified undertaker or in accordance with any requirement of the specified undertaker or under its supervision shall not, subject to paragraph 39 below, excuse DLRL from any liability under the provisions of this paragraph.

39

Nothing in paragraph 38 above shall impose any liability on DLRL with respect to any damage or interruption to the extent that such damage or interruption is attributable to the neglect or default of the specified undertaker, its officers, servants, contractors or other agents.

40

The specified undertaker shall give to DLRL reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of DLRL which shall not be unreasonably withheld.

Exercise of safeguarding and survey powers

41

DLRL shall, so far as is reasonably practicable, so exercise the powers conferred by article 16 of this Order as not to obstruct or render less convenient the access to any apparatus.

42

DLRL shall not, in the exercise of the powers of section 11(3) of the 1965 Act, as applied by this Order, or of article 18 of this Order, make any trial holes which interfere with any apparatus without the consent of the specified undertaker (which shall not be unreasonably withheld).

Arbitration

43

Any difference arising between DLRL and a specified undertaker under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration in the manner provided by article 48 of this Order and in determining any difference under this Schedule the arbitrator may, if he thinks fit, require DLRL to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

Transfer of powers

44

DLRL shall give notice to every specified undertaker if any of the powers of DLRL under this Order are transferred to another person in accordance with article 41 of this Order and any such notice shall be given within 14 days of any such transfer becoming effective and shall describe or give (as appropriate)—

• (a) the nature of the functions to be transferred;

• (b) the extent of that transfer;

• (c) the geographical area to which the transfer relates;

• (d) the name and address of the transferee; and

• (e) the effective date of the transfer.

45

The obligation to give notice under paragraph 44 above to a successor in title to a specified undertaker named in paragraph 1 above shall only apply to the extent that DLRL has been informed by notice in writing by that named undertaker, or by a successor in title to that named undertaker, as the case may be, of the name and address of that successor in title.

Notices

46

Any notice in writing to be given by DLRL to a specified undertaker under this Schedule shall be deemed effectively given if sent by recorded delivery or by registered letter addressed to the registered office of that specified undertaker.

Signed

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

Ellis Harvey — Head of the Transport and Works Act Processing Unit — Department for Transport, Local Government and the Regions. — 2002-04-09

Explanatory note

(This note is not part of the Order)

Footnotes

In the London Borough of Newham

• Work No. 1—A railway (3,326 metres in length) commencing at a junction with the DLR Poplar to Beckton railway at a point 314 metres south of the centre of Canning Town DLR station platform, passing southwards under Work No. 5, through the existing underpass beneath the (A1020) Lower Lea Crossing, across the area known as the Thames Wharf site, over the Royal Albert and Victoria Docks Cut, then passing south-eastwards along the south-western side of North Woolwich Road, over Bell Lane, Fisons Road, Knights Road and Bradfield Road, then passing eastwards along the south side of North Woolwich Road over Barrier Park Road and Thames Road, then passing north-eastwards across North Woolwich Roundabout and the area known as the Silvertown triangle site, then passing eastwards over the Railtrack Stratford to North Woolwich railway, over Connaught Road, Work No. 16, Camel Road and Hartmann Road, and along the north side of Hartmann Road, then passing south-eastwards, over Hartmann Road again and terminating at a point 25 metres north of the junction of Drew Road and Leonard Street, adjacent to the terminal of London City Airport, including two lengths of viaduct, the first over the Jubilee Line tunnels at the Thames Wharf site (108 metres in length), commencing 437 metres south of the commencement of this work and terminating 545 metres south of the commencement of this work, the second (2,662 metres in length) commencing at a point 664 metres from the commencement of this work and terminating at the termination point of this work.

• Work No. 2—A railway (442 metres in length) being a realignment of the tracks of part of the DLR Poplar to Beckton railway, commencing at a junction with that railway at a point 226 metres south of the centre of Canning Town DLR station platform, passing southwards under Work No. 5, then south-eastwards and terminating at a junction with that railway at a point 1 metre east of the centre of the viaduct carrying Silvertown Way over that railway.

• Work No. 3—A railway (1,023 metres in length) commencing at a junction with Work No. 1 at its point of termination, passing south-eastwards across Hartmann Road and then passing eastwards along the north side of Newland Street and Brixham Street and terminating at a point 40 metres north-east of the junction of Pier Road and Claremont Close, including a viaduct across Works Nos. 20 and 21.

• Work No. 4—An access road (139 metres in length) commencing at a new junction with the eastbound carriageway of the (A1020) Lower Lea Crossing 280 metres north-west of the Lower Lea Roundabout, passing northwards and terminating at a point 139 metres north of its commencement, together with a turning head at the point of its termination.

• Work No. 5—A reconstruction of the existing London Underground Jubilee Line footbridge over the Poplar to Beckton railway 385 metres south of the centre of Canning Town DLR station platform, to carry that footbridge over Works Nos. 1 and 2, commencing at a point 24 metres south of the termination of Work No. 4 and terminating 25 metres east of its commencement, adjacent to the facility known as the Jubilee Line portal plant building.

• Work No. 6—An access road (152 metres in length) commencing at a junction on the Lower Lea Crossing 59 metres north-west of the Lower Lea roundabout passing north-eastwards and then north-westwards and terminating at a point 152 metres north-west of its commencement, adjacent to the facility known as the Jubilee Line access shaft, together with a turning head at the point of termination.

• Work No. 7—An access road for the proposed Thames Wharf Station (212 metres in length) commencing at a junction with Dock Road 36 metres south-west of the Lower Lea Roundabout passing south-westwards under Work No. 1, then passing south-eastwards and terminating at a point 212 metres south of its commencement, together with a turning head at the point of termination.

• Work No. 8—An access road (111 metres in length) being a realignment of the existing access road between Dock Road and Thames Wharf, commencing at its existing junction with Dock Road, passing south-westwards under Work No. 1 and terminating at a point 111 metres south-west of its commencement.

• Work No. 9—An access road (82 metres in length) being a realignment of the existing access road between Dock Road and the north-west side of the area currently known as the former Barge Lock, commencing at its junction with Dock Road, passing south-westwards under Work No. 1 and terminating at a point 82 metres from its commencement.

• Work No. 10—An access road (51 metres in length) being a realignment of the existing access road between North Woolwich Road and the south-east side of the area currently known as the former Barge Lock, commencing at its junction with North Woolwich Road passing south-westwards under Work No. 1 and terminating 51 metres south-west of its commencement.

• Work No. 11—A cycle track and footway (86 metres in length) being a realignment of the existing cycle track and footway, commencing at a junction with the east side of Knights Road 17 metres south of the centre of North Woolwich Road, passing eastwards along the south side of North Woolwich Road and terminating at a junction with the west side of Bradfield Road 13 metres south of the centre of North Woolwich Road.

• Work No. 12—A cycle track and footway (418 metres in length) being a realignment of the existing cycle track and footway, commencing at a junction with the east side of Bradfield Road 13 metres south of the centre of North Woolwich Road and terminating at a junction with the west side of Barrier Park Road, 13 metres south of the centre of North Woolwich Road.

• Work No. 13—A road (125 metres in length) being a realignment of Barrier Park Road commencing at a junction with that road at a point 50 metres south-east of its junction with North Woolwich Road, passing eastwards under Work No. 1 and terminating at a junction with the Barrier Park car park at a point 125 metres east of its commencement.

• Work No. 14—A cycle track and footway (152 metres in length) being a realignment of the existing cycle track and footway, commencing at a junction with the east side of Barrier Park Road, 13 metres south of the centre of North Woolwich Road, passing eastwards and terminating at a junction with the existing cycle track and footway 135 metres east of Barrier Park Road.

• Work No. 15—A road (496 metres in length) being a realignment and improvement of Hartmann Road, commencing at a junction with Connaught Road at a point 24 metres south-east of the junction between Camel Road and Connaught Road, passing north-eastwards over Camel Road, then eastwards and terminating at a junction with Hartmann Road 20 metres north-east of the junction between Drew Road and Leonard Street, adjacent to the terminal of London City Airport.

• Work No. 16—An access road (44 metres in length) being a realignment and extension of the existing access road to the facility known as the London City Airport fuel farm, commencing at a junction with Work No. 15 at a point 43 metres north-east of the commencement of Work No. 15, passing north-westwards across Camel Road and passing under Work No. 1 and terminating at a junction with the existing access road 44 metres north-west of its commencement at the gates to the fuel farm.

• Work No. 17—A road (25 metres in length) to connect Camel Road with Work No. 15, commencing at a junction with Work No. 15 at a point 103 metres from the commencement of Work No. 15, passing south-eastwards and terminating at a junction with Camel Road 25 metres south-east of its commencement.

• Work No. 18—A road (119 metres in length) being a realignment of Hartmann Road, commencing at a junction with Hartmann Road at a point 82 metres east of the roundabout at the junction of Hartmann Road and Connaught Road, passing south-eastwards and terminating at a junction with Work No. 15 at a point 140 metres north-east of the junction between Work No. 15 and Connaught Road.

• Work No. 19—A road (43 metres in length) commencing at a junction with Work No. 15 at a point 384 metres east of the junction between Work No. 15 and Connaught Road, passing north-eastwards under Work No. 1 and terminating at a junction with Hartmann Road 43 metres north-east of its junction with Work No. 15.

• Work No. 20—A road (306 metres in length) being a realignment of the extension of Hartmann Road, commencing at a junction with Work No. 15 at its termination point, passing south-eastwards under Work No. 3, then passing eastwards and terminating at a junction with the extension of Hartmann Road 55 metres north-west of the junction between Newland Road and Kennard Street, adjacent to the London City Airport car park entrance.

• Work No. 21—An access road (43 metres in length) being a realignment and extension of the existing access road for the facility known as the London City Airport remote plant room, commencing at a junction with Work No. 20 at a point 77 metres south-east of the junction between Work No. 15 and Work No. 20, passing south-westwards under Work No. 3 and terminating at a junction with the existing access road 43 metres south-west of its junction with Work No. 20.

• Work No. 22—A footway (145 metres in length) commencing at a junction with Parker Street, at a point 67 metres north of the junction of Parker Street and Drew Road, passing south eastwards and terminating at a point 17 metres north-east of the junction of Saville Road and Drew Road, including a ramped footway from its point of commencement up to the realigned and improved Hartmann Road (Work No. 15).

(1)	(2)	(3)
Area	Location of proposed station	Number of land shown on deposited plans
London Borough of Newham	Thames Wharf	33, 36 and 37 to 41
	West Silvertown	53, 61, 62, 63 and 65 to 69
	Pontoon Dock	70, 89, 90, 91 and 93
	London City Airport	133, 165, 166, 177, 178, 181, 183, 184, 187 and 195
	King George V	204, 211, 212, 214, 217 and 218

Key to Schedules 4 and 5

• FS Footpath diversion

• RS Realignment of street

• SS Stopping up of street

• WE Kerb line modification

Compensation enactments

Adaptation of the 1965 Act

Apparatus of statutory undertakers, etc. on land acquired

Apparatus of statutory undertakers, etc. in stopped up streets

Interpretation

Application of Schedule 10

Apparatus in stopped up streets

On-street apparatus

Acquisition of land

Removal of apparatus

Removal of apparatus and construction of alternative apparatus by DLRL

Facilities and rights for alternative apparatus

Retained apparatus: protection and plan approval

Co-operation

Access

Expenses

Indemnity

Exercise of safeguarding and survey powers

Arbitration

Transfer of powers

Notices

Editorial notes