The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004

Made: 12th March 2004

Coming into force: 2nd April 2004

Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992 (“the 1992 Act”), for an Order under sections 1, 3 and 5 of the 1992 Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;

And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part 2 of Schedule 4 to this Order is not required;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 2nd March 2004;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1, 3 and 5 of, and paragraphs 1 to 4, 7, 8, 10, 11 and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 and shall come into force on 2nd April 2004.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961 ;

• “the 1965 Act” means the Compulsory Purchase Act 1965 ;

• “the 1984 Act” means the Road Traffic Regulation Act 1984 ;

• “the 1990 Act” means the Town and Country Planning Act 1990 ;

• “the 1991 Act” means the New Roads and Street Works Act 1991 ;

• “the 1992 Act” means the Transport and Works Act 1992 ;

• “the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 ;

• “the authorised railway” means the railways authorised by this Order or any part of them;

• “authorised works” means the scheduled works and any other works authorised by this Order or any part of them;

• “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

• “carriageway” has the same meaning as in the Highways Act 1980 ;

• “the deposited plans” means the composite plans certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 12(5) of the Application Rules;

• “the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

• “DLRL” means Docklands Light Railway Limited, a company limited by shares and registered in England and Wales under number 2052677;

• “highway” and “highway authority” have the same meaning as in the Highways Act 1980;

• “the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 5(1)(a);

• “the limits of land for safeguarding works” means the limits so shown and described on the deposited plans;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

• “mooring” means any buoy, pile, pontoon, chain or other apparatus used for the mooring of vessels;

• “occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent Agriculture Act 1976) ;

• “the open space and exchange land plan” means the plan so headed and attached to the deposited plans;

• “the Order limits” means the limits of deviation and the limits of additional land to be acquired or used shown on the deposited plans;

• “owner”, in relation to 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 land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

• “parking place” has the same meaning as in section 32 of the 1984 Act;

• “RoDMA” means the company registered by the name of the Royal Docks Management Authority Limited with the registered number 2363622 or any other person or body exercising functions under the London Docklands Development Corporation Act 1994 as successor to RoDMA;

• “the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;

• “street” includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;

• “tidal work” means so much of any temporary authorised work as is in, on, over or under the River Thames or King George V Dock or involves cutting their banks and walls;

• “the tribunal” means the Lands Tribunal; and

• “the tunnels” means the tunnels under the River Thames forming part of Work No. 1.

• (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.

• (3) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.

• (4) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points marked on the deposited plans.

• (5) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “ or thereabouts ” were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.

Application of 1991 Act

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• (1) Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part III of the 1991 Act (street works) as major transport works if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e) 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 by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts).

• (2) Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the power of this Order.

• (3) The provisions of the 1991 Act mentioned in paragraph (4) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by DLRL under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

• (4) The provisions of the 1991 Act referred to in paragraph (3) are—

• section 54 (advance notice of certain works);

• section 55 (notice of starting date of works);

• section 57 (notice of emergency works);

• section 59 (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 75 (inspection fees);

• section 76 (liability for cost of temporary traffic regulation);

• section 77 (liability for cost of use of alternative route); and

all such other provisions as apply for the purposes of the provisions mentioned above.

• (5) Nothing in article 13 of this Order shall—

• (a) prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and DLRL shall not by reason of any duty under that article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act; or

• (b) have effect in relation to street works as respects which the provisions of Part III of the 1991 Act apply.

PART 2 — WORKS PROVISIONS

Principal Powers

Power to construct works

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• (1) DLRL may construct and maintain the scheduled works.

• (2) Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

• (3) Subject to paragraph (6), DLRL may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely—

• (a) works required for the strengthening, improvement, repair or reconstruction of any street;

• (b) works for the strengthening, alteration or demolition or any building or structure;

• (c) works to alter the position of any street furniture or apparatus, including mains, sewers, drains, cables and lights;

• (d) works to alter the course of, or otherwise interfere with, rivers, streams or watercourses;

• (e) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and

• (f) facilities and works for the benefit or protection of land or premises affected by the other authorised works.

• (4) Subject to paragraph (6), DLRL may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

• (5) DLRL may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.

• (6) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works—

• (a) within the limits of deviation for the scheduled works shown on the deposited plans;

• (b) on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule (being land shown on the deposited plans as lying within the limits of additional land to be acquired or used); and

• (c) on land specified in columns (1) and (2) of Schedule 10 to this Order for the purpose specified in relation to that land in column (3) of that Schedule (being land shown on the deposited plans as lying within the limits of land to be used temporarily).

• (7) In constructing and maintaining the scheduled works DLRL may lay and install such number of railway lines, switches and crossings as may be necessary or expedient.

• (8) The following enactments shall not apply to anything done under or in pursuance of this Order—

• (a) sections 70 and 73 of the Port of London Act 1968 (works not to be constructed, etc., without works licence and Licensing of dredging, etc.);

• (b) section 109 of the Water Resources Act 1991 , section 23 of the Land Drainage Act 1991 and any byelaws made under those Acts; and

• (c) section 13 of the London Docklands Development Corporation Act 1994 .

• (9) In exercising the powers of paragraph (3)(b) to demolish the building constructed on the land numbered 288 on the deposited plans, DLRL shall—

• (a) dismantle the Greens End facçade of that building in such a manner as will enable it to be re-used elsewhere; and

• (b) thereafter securely store that dismantled facçade until such time as the Council of the London Borough of Greenwich (or any person or body nominated by that council) requests DLRL to transfer the facçade to it or to him, which DLRL shall do forthwith and for no charge;

but if no such request has been made within one year of completion of the station authorised by article 6 DLRL shall be relieved of its obligations under sub-paragraph (b) and may dispose of the facçade.

Power to deviate

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• (1) In constructing or maintaining any of the scheduled works, DLRL may—

• (a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that work shown on those plans; and

• (b) deviate vertically from the levels shown on the deposited sections—

• (i) to any extent not exceeding 5 metres upwards; and

• (ii) to any extent downwards.

• (2) Without prejudice to the generality of paragraph (1), in constructing or maintaining the scheduled works DLRL may, to the extent it thinks fit—

• (a) deviate from their points of commencement and termination shown on the deposited plans;

• (b) in relation to Work No.1, vary the commencement and termination point of any bored or cut and cover tunnel or any tunnel structure shown on the deposited plans, deviate from the design of any such tunnel or tunnel structure shown on the deposited sections and vary the number of tunnels and tunnel structures shown on those sections; and

• (c) in relation to any intended bridge, viaduct, aqueduct, gantry or other structure above ground level, deviate from the design shown on the deposited sections as it thinks fit, including by varying the number of any supporting columns or other structures, the distances between them and the height or clearance above the level of the ground.

Stations

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• (1) DLRL may construct, maintain and operate a station on the specified lands, or on some of them, and DLRL may construct, maintain and operate all necessary works and conveniences connected with that station.

• (2) In paragraph (1) “the specified lands” means the land in the London Borough of Greenwich numbered 249, 255a, 255b, 255c, 255d, 255e, 255f, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 273, 280, 281, 282, 283, 284, 285, 286, 287 and 288 on the deposited plans.

Streets

Power to alter layout of streets

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• (1) DLRL may alter the layout of any street specified in columns (1) and (2) of Schedule 3 to this Order in the manner specified in relation to that street in column (3) of that Schedule.

• (2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3), DLRL may for the purpose of constructing, maintaining or using any scheduled work, alter the layout of any street within the limits of deviation and the layout of any street having a junction with such a street; and, without prejudice to the generality of the foregoing, DLRL may—

• (a) increase the width of the carriageway of the street by reducing the width of any kerb, footway, cycle track or verge within the street;

• (b) alter the level or increase the width of any such kerb, footway, cycle track or verge;

• (c) reduce the width of the carriageway of the street; and

• (d) carry out works for the provision or alteration of parking places and bus laybys.

• (3) The powers in paragraph (2) shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.

Power to keep apparatus in streets

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• (1) DLRL may, for the purposes of or in connection with the construction, maintenance and use of the authorised works, place and maintain in any street within the limits of deviation and in any street having a junction with such a street any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, road islands, substations, electric lines and any electrical or other apparatus,

• (2) In this article—

• (a) “apparatus” has the same meaning as in Part III of the 1991 Act;

• (b) “electric line” has the meaning given by section 64(1) of the Electricity Act 1989 ; and

• (c) the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.

Power to execute street works

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DLRL may, for the purpose of exercising the powers conferred by article 8 or any other provision of this Order, enter upon any street within the limits of deviation and any street having a junction with such a street and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.

Stopping up of streets

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• (1) Subject to the provisions of this article DLRL may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of Part 1 and Part 2 of Schedule 4 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of Parts 1 and 2 of that Schedule.

• (2) No street specified in columns (1) and (2) of Part 1 of Schedule 4 to this Order (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either—