The Network Rail (Norton Bridge Area Improvements) Order 2014

Type Statutory-Instrument
Publication 2014-03-31
Last updated 2017-12-28
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API
  • In the county of Staffordshire and the Borough of Stafford Work No. 2 — The formation of a right hand turn lane on the A5013, north of Great Bridgeford, and the re-modelling of its junction with Chebsey Lane, including the diversion and protection of telecommunications cables; Work No. 3 — The remodelling of the junction of the A5013 with Chebsey Lane, including a widening of Chebsey Lane up to the bellmouth entrance to the temporary construction compound, a passing place and the diversion and protection of telecommunications cables, followed by a reinstatement to the existing width of the widened lane and remodelled junction; Work No. 4 — A compacted stone access track with passing places from Chebsey Lane to a fenced compound adjacent to the new railway (Work No. 1) at Little Bridgeford Junction, with parking facilities, including the diversion/protection of a water main in the area of the fenced compound; Work No. 5 — A diversion of the River Sow and a widening of the existing West Coast Main Line bridge (Underbridge 1), including earthworks on the southern side and cutting back the existing river cliff; Work No. 6 — A diversion of the Meece Brook to provide a perpendicular crossing of the proposed railway by means of Underbridge 2; Work No. 7 — A diversion of Searchlight Lane with the diverted road being carried over the proposed railway cutting, including new highway drainage, passing places and the diversion of existing telecommunications and water services along the new alignment, the stopping up of the old alignment where no longer required, the provision of access to adjacent land on both sides of the diverted road to the west of Overbridge 3 including parking facilities and the provision of access to adjacent land on the south side of the diverted road to the east of Overbridge 3; Work No. 9 — A surfaced access track commencing at a compound adjacent to the new railway (Work No. 1) at Searchlight Lane junction and terminating near the diverted B5026 (Work No.11). The compound will include a new Distribution Network Operator power supply, welfare facilities, parking facilities and water supply, a principal supply point and relocatable equipment building; Work No. 10 — A remodelling of the junction of Scamnell Lane with the diverted B5026 (Work No. 11), including new highway drainage and diversion of an existing water main and a new field access on the east side of Scamnell Lane; Work No. 11 — A diversion of the existing B5026 passing above existing ground level, in a false cutting formed by mitigation earthworks bunds, over Work No. 1 by means of Overbridge 10A, continuing east over the existing West Coast Main Line by means of railway Overbridge 5A, then running on embankment, shared with the railway, over the diverted Meece Brook (Work No. 15) by means of Underbridge 6A, then continuing on embankment, with mitigation earthwork bunds, again forming a cutting, and terminating at a new roundabout junction with the diverted Meece Road (Work No. 12), including access to adjacent land on the north side, to the west of bridge 10A, access to adjacent land on the north side of the road to the west of the West Coast Main Line Overbridge 5A (opposite the new access road junction to Searchlight Lane Junction compound (Work No. 9) and access to adjacent land in the south verge on the approach to Meece Road, the diversion to include new highway drainage and partial diversion of existing electricity, telecommunications and water services, and a stopping up of the old alignment where no longer required; Work No. 12 — A diversion of the existing Meece Road including Overbridge 7 carrying the new highway over the proposed cutting and new highway drainage and diversion of an existing telecommunications service along the new alignment and a stopping up of the old alignment where no longer required. Access to adjacent land will also be provided in the western verge between Overbridge 7 and the existing Meece Road roundabout; Work No. 13 — A diversion of the existing Meece Brook to provide a perpendicular crossing of the proposed railway (Work No. 1) at Underbridge 11 and to move the current channel away from the toe of the proposed railway embankment on the west side; Work No. 14 — A diversion of Chebsey Footpath 11 to follow the proposed boundary on the west side of Work No 1 to include a new pedestrian bridge over Meece Brook, passing onto Network Rail property continuing along the access track for the attenuation pond; then passing onto the proposed B5026 (Work No. 11), crossing bridge 10A before leaving the highway alignment turning down the Searchlight Lane maintenance compound access road and crossing over, running along the crest of a mitigation bund and then running parallel to the West Coast Main Line Intersection Bridge 5 before tying back into the existing alignment on the existing B5026 opposite the end of Station Road; Work No. 15 — A diversion of the existing Meece Brook to provide a perpendicular crossing of the proposed railway at Underbridges 6 and 6A; Work No. 16 — A compacted stone access track with passing places, running from the existing layby on the B5026 to a fenced compound adjacent to the new railway (Work No 8) at Yarnfield Junction, to include a new Distribution Network Operator supply; Work No. 17 — Diversion (approximately 610 metres in length) of high pressure gas pipe-line (Feeder No. 21), beneath the railway cutting to the south of Searchlight Lane; Work No. 18 — Diversion (approximately 266 metres in length) of high pressure gas pipe-line (Feeder No. 21), parallel to the railway cutting to the north of Searchlight Lane; Work No. 19A — Diversion (approximately 488 metres in length) of high pressure gas pipeline (Feeder No. 4) by horizontal directional drilling beneath the railway in cutting in the vicinity of Searchlight Lane Junction; Work No. 19B —Diversion (approximately 426 metres in length) of high pressure gas pipeline (Feeder No.4) by opencut or microtunnelling beneath the railway in cutting in the vicinity of Searchlight Lane Junction; Work No. 20 — Diversion (approximately 680 metres in length) of fuel pipe-line beneath the railway in cutting in the vicinity of Searchlight Lane Junction, and such further associated development within Order limits as may be necessary or expedient for the purposes of or in connection with the construction of those works or any of them consisting of— demolition, site clearance, devegetation, remediation, the erection of contractors’ works compounds, the erection of site offices and the erection of fencing to site boundaries; electrical equipment and signalling works; ramps, means of access, footpaths and bridleways; embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, wing walls, fencing and culverts; works to alter the position of apparatus, including mains, sewers, drains and cables; works to alter the course of, or that otherwise interfere with, a watercourse other than a navigable watercourse; landscaping and habitat replacement (including replacement bat accommodation) and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development; works for the benefit or protection of land affected by the authorised development; works required for the strengthening, improvement, maintenance, or reconstruction of any streets and the grubbing up of any former street; working sites and works of demolition; and such other work as may be necessary or expedient for the purposes of or in connection with the construction of those works and which falls within the scope of the environmental impact assessment recorded in the Environmental Statement.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

  • “CEMP” means the Construction Environmental Management Plan to be submitted to and approved by the relevant planning authority, a draft of which is included in Appendix 6, Volume 2 (Folder 2) of the Environmental Statement; and
  • “Staffordshire Alliance” means the alliance formed by Network Rail with its contractors to progress and implement the works authorised by this Order.

In accordance with approved details

2

The authorised development must be carried out in accordance with the design drawings subject to such non-material amendments as are approved in writing by the relevant planning authority; provided that such approval is not given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Construction Environmental Management Plan

3
  • (1) The authorised development must not be commenced until the following aspects of the CEMP have been submitted to and approved by the relevant planning authority.
  • (2) The CEMP must incorporate the findings and recommendations of the Environmental Statement and the design brief.
  • (3) The authorised development must be carried out in accordance with the CEMP.
  • (4) The CEMP must incorporate the following plans and programmes—
  • (a) External Communications Management Plan—
  • (i) External communications programme;
  • (ii) External complaints procedure;
  • (b) Pollution Incident Prevention and Control Plan—
  • (i) Identification of potential pollution source, pathway and receptors;
  • (ii) Control measures to prevent pollution release to water, ground and air (including detail of the surface/ground water management plan);
  • (iii) Control measures for encountering potential contaminated land;
  • (iv) Monitoring regime;
  • (v) Emergency environmental incident response plan;
  • (vi) Incident investigation and reporting;
  • (vii) Review/change management and stakeholder consultation;
  • (c) Site Waste Management Plan—
  • (i) Management of excavated material and other waste arising;
  • (ii) Waste minimisation;
  • (iii) Material re-use;
  • (d) Materials Management Plan—
  • (i) Material classification;
  • (ii) On site re-use criteria and measures;
  • (iii) Hazardous waste management;
  • (iv) Disposal measures;
  • (e) Traffic Management Plan—
  • (i) Roles and responsibilities;
  • (ii) Permitted and banned construction traffic routes and the mechanisms to be put in place by Network Rail and its contractors to enforce their compliance;
  • (iii) Procedures for working on the highway;
  • (iv) Road signage plans;
  • (v) Monitoring and reporting measures;
  • (vi) Access strategy and traffic management at the access off the roadside lay-by (off the B5026 between the roundabout and Stone);
  • (vii) The interfaces between the haul road and public highway (the crossing points at Searchlight Lane and the B5026);
  • (f) Travel Plan—
  • (i) Measures to manage contractor travel to the site compounds such as on-site or remote car parking management, car sharing, works shuttle bus etc.;
  • (ii) Mechanisms for reviewing and monitoring;
  • (g) Nuisance Management Plan (Noise, Vibration, Dust, Air Pollution and Lighting)—
  • (i) Roles and responsibilities;
  • (ii) Specific risk assessment – identification of sensitive receptors and predicted impacts;
  • (iii) Standards and codes of practice;
  • (iv) Specific control and mitigation measures;
  • (v) Details of any section 61 consent;
  • (vi) Monitoring regime – dust and noise;
  • (vii) Review/change management and stakeholder consultation;
  • (viii) Notification of working hours;
  • (h) Landscape and Ecology Management Plan (“LEMP”)—
  • (i) Roles and responsibilities;
  • (ii) Protection controls for retained landscape features, habitats and species;
  • (iii) Controls for protection of Doxey and Tillington Marshes SSSI;
  • (iv) Detailed mitigation for Meece Brook and Yelds Rough SBI;
  • (v) Detailed plans and specifications for ecological and landscape mitigation;
  • (vi) 5 year establishment, maintenance and monitoring plans for planting, ecology and geomorphology;
  • (vii) Aftercare and maintenance plans for habitats on Network Rail land (post 5 years);
  • (viii) Aftercare and maintenance guidelines for habitats on Staffordshire County Council highways land (post 5 years);
  • (ix) Aftercare and maintenance guidelines for habitats on other land (post 5 years);
  • (x) Habitat and protected species monitoring plans (to include scope, methods and reporting mechanism);
  • (xi) Bat roost replacement plans;
  • (xii) Soil Management Plan interface strategy;
  • (xiii) Change control, review and consultation processes;
  • (xiv) Tree survey validation and tree protection plan in accordance with BS 5837: 2012 (trees in relation to design, demolition and construction);
  • (i) Archaeological management plan—
  • (i) Roles and responsibilities;
  • (ii) Review/change management and stakeholder consultation protocols;
  • (iii) Procedures for dealing with unexpected significant archaeological discoveries;
  • (iv) Programme of archaeological mitigation;
  • (v) Post excavation reporting and archiving;
  • (j) Soil Management Plan—
  • (i) Soil resource survey;
  • (ii) Soil resource plan – including protection of in situ soils, handling and storage codes of practice;
  • (iii) On site re-use criteria and measures;
  • (iv) Hazardous waste management;
  • (v) Strategy for interface with LEMP.
  • (5) The CEMP must require—
  • (a) adherence to the relevant Environment Agency Pollution Prevention Guidelines PPG1, PPG5, PPG6, PPG21 and PPG22; and
  • (b) adherence to working hours of 7am to 7pm on Mondays to Fridays and 7am to 1pm on Saturdays except that:
  • (i) work on or adjacent to the operational railway may be carried out at other times if it would otherwise interfere with the operation of the railway; and
  • (ii) work may be carried out on Sundays, Bank Holidays and Public Holidays and after 1pm on Saturdays after prior notification to the relevant planning authority and affected residents in accordance with a notification procedure agreed by the relevant planning authority.

Landscaping and habitat replacement

4
  • (1) No authorised development may commence in any geographical area, those areas to be identified on a plan previously submitted to the relevant planning authority, unless and until a written landscaping and habitat replacement scheme for that area has been submitted to and approved by the relevant planning authority.
  • (2) The submitted scheme must incorporate—
  • (a) the mitigation measures described in section 8 (Mitigation) of Technical Appendix Report 8 (Landscape and Visual Technical Report) to Volume 3 of the Environmental Statement and in the design brief; and
  • (b) details of—
  • (i) location, number, species, size, planting density and planting method and protection of any proposed planting;
  • (ii) cultivation, other amelioration where appropriate, importing of materials and other operations to ensure plant establishment;
  • (iii) implementation timetables for all landscaping and habitat replacement;
  • (iv) temporary fencing that complies with best practice to protect trees and hedgerows adjacent to the works; and
  • (v) a 5 year aftercare programme including weed control and pruning, if required, to promote establishment and timely rectification of defects.

Implementation and maintenance of landscaping and habitat replacement

5
  • (1) All landscaping and habitat replacement work must be carried out in accordance with the scheme and implementation timetable approved under requirement 4.
  • (2) Any tree or shrub or other habitat replacement planted as part of an approved landscaping and habitat replacement scheme or ecological management plan that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, or has failed to become established, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the relevant planning authority gives consent to any variation.

Highway works

6

Prior to and during the carrying out of any highway work and during any defects period applicable to that work, Network Rail must afford the highway authority the opportunity to inspect, monitor, survey, and comment upon the carrying out of the work and the remedying of any defects resulting from the work and to approve the standard to which such work (including the remedying of any defects) is carried out, by—

  • (a) using the quality processes of the Staffordshire Alliance, as agreed from time to time by Network Rail, including inspection and test plans for all elements of the works under which the highway authority is to be an inspection authority;
  • (b) providing shared working facilities, including access to welfare and office facilities, for the highway authority at the Chebsey Lane works compound and the B5026/Meece Road works compound;
  • (c) giving the highway authority access to the documents in the Staffordshire Alliance’s electronic document management system that relate to the highway works authorised by this Order; and
  • (d) allowing the highway authority such access to any highway work as it may reasonably require.
7

Network Rail must carry out stage 2, 3 and 4 road safety audits of the highway works authorised by this Order in accordance with the Standard HD 19/03 of the Department for Transport’s Design Manual for Roads and Bridges or in accordance with any standard that supersedes that Standard and must remedy to the reasonable satisfaction of the highway authority any defects identified in any such road safety audits.

Alteration, reconstruction or replacement of buildings or bridges

8

No alteration, reconstruction or replacement of a building or bridge is to be carried out under article 5 (maintenance of authorised development) except in accordance with plans and specifications approved by the relevant planning authority.

Amendments to approved details

9

With respect to any requirement which requires the authorised development to be carried out in accordance with details approved by the relevant planning authority, the approved details are taken to include any amendments that may subsequently be approved in writing by the relevant planning authority.

SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Street subject to alteration of layout (2) Description of alteration
B5026 Construction of turning head where B5026 is to be stopped up at point W on the street plans
Station Road/B5026 Change in road markings/right of way designation between points X and Y on the street plans

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area (2) Street subject to street works
County of Staffordshire, Borough of Stafford Eccleshall Road A5013 Chebsey Lane Worston Lane Searchlight Lane Station Road Scamnell Lane Stone Road B5026 Eccleshall Road B5026 Meece Road

SCHEDULE 5 — STREETS TO BE STOPPED UP

(1) Area (2) Street to be stopped up (3) Extent of stopping up (4) New street to be substituted
County of Staffordshire, Borough of Stafford B5026 (Stone Road) Stopping up of highway between points R and S and V and W Provision of new highway between points M and Q
County of Staffordshire, Borough of Stafford Searchlight Lane Stopping up of Searchlight Lane between points H and K Provision of new access over highway between points H and L
County of Staffordshire, Borough of Stafford Meece Road Stopping up of Meece Road between points AA and Z and BA and CA Provision of new access over highway between points AA and EA
County of Staffordshire, Borough of Stafford Footpath 11 Stopping up of Chebsey Footpath 11 between points 1 and 8 New footpath to be created between points 1 and 8 via points 9A to 22
County of Staffordshire, Borough of Stafford Footpath 10 Stopping up of Chebsey Footpath 10 between points 26, 27, 28 and 29 New footpath to be created between points 26 to 29 via point 30, then over new footbridge and then via point 31

SCHEDULE 6 — REPLACEMENT AND CLOSURE OF LEVEL CROSSING

(1) Area (2) Level crossing to be discontinued (3) Street to be stopped up (4) New street to be substituted
County of Staffordshire, Borough of Stafford Footpath 10 across the Stone railway line at Mid Norton Between points 27 and 28 on the street plans A new footbridge 15 metres from existing level crossing

SCHEDULE 7 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

PART 1 — NETWORK RAIL

(1) Number of land shown on land plans (2) Purpose for which rights may be acquired
11a, 29a, 30a, 42, 52a, 55, 130a, 141, 156a, 170, 174, 175, 178a and 211 Vehicular access
210a and 212 Vehicular access and power supply

PART 2 — NATIONAL GRID

(1) Number of land shown on land plans (2) Purpose for which rights may be acquired
30, 30a, 33, 34, 37, 38, 56, 58, 59, 61, 65, 67 and 71 Construction and maintenance of pipe-line

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right, and in the case of the imposition of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2
  • (1) Without limitation on the scope of paragraph 1, the 1973 Act has effect subject to the modifications set out in sub-paragraphs (2) and (3).
  • (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—
  • (a) for the words “land is acquired or taken” there are substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and
  • (b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.
  • (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—
  • (a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over or restrictive covenant affecting land consisting”;
  • (b) for the word “severance” there are substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;
  • (c) for the words “part proposed” there are substituted the words “right or restrictive covenant proposed”; and
  • (d) for the words “part is” there are substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3
  • (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
  • (a) the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or
  • (b) the land over which the right is or is to be exercisable.
  • (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or in relation to the imposition of a restrictive covenant with the modifications specified in the following provisions of this Schedule.
4

For section 7 of the 1965 Act (measure of compensation) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard is to be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the Network Rail (Norton Bridge Area Improvements) Order 2014[^f00025] (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

  • (a) section 9(4) (failure by owners to convey);
  • (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
  • (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
  • (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land);

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

PART 1 — NETWORK RAIL

(1) Number of land shown on land plans (2) Purpose for which temporary possession may be taken (3) Relevant part of the authorised development (4) Element of Work in respect of which land is not required to be re-instated
1 A5013 signage Access to works Work No.2 Work Nos. 17, 18, 19A and 19B
2 A5013 improvement Access to works Work No.2 Work Nos. 17, 18, 19A and 19B
4 Storage and overspill parking Work Nos. 2 and 3
5 Road widening Work No.3
6 Access to works Work No.3
7 Vehicle passing place Access to works Work No.3 Work Nos. 17, 18, 19A and 19B
8 Works compound Access to works Work Nos. 3 and 4 Work Nos. 17, 18, 19A and 19B
9 For West Coast Main Line connection Work No.1
11a Part of compound Access to works Work No.4 Work Nos. 17, 18, 19A and 19B Access for maintenance vehicles
12, 14, 21 River diversion Work No.5 Diverted river and earthworks
13 Works compound Access to works Work Nos. 4 and 5 Work Nos. 17, 18, 19A and 19B
15 Access to works Work Nos. 3 and 4
16 Part of compound Work Nos. 1 and 3
19 Access to works Access to works Work No.1 Work Nos. 17, 18, 19A and 19B
20 Part of compound Work Nos. 1 and 3
22, 47 Access to works Work No.1
24, 28 River diversion Work No.6 Diverted river and earthworks
29 Access to works Work Nos. 1 and 6
29a Access to works Work No.1 Access track
30 Access to works Access to works Work No.1 Work Nos. 17, 18, 19A and 19B
30a Access to works Work Nos. 1, 17, 18, 19A and 19B Access track and backfill of marl pit to support access track
33, 34, 38 Construction and maintenance of pipe-line Work No.17 Pipe-line
34a, 36 Tree planting Work No.1 Replacement woodland
35 Working area for tree planting Work No.1
37a Works compound Access to works Work No. 1 Work Nos. 17, 18, 19A and 19B
40 Access to works Work No.1 Access track and fencing
42 Access to works Access to works Work No.1 Work Nos. 17, 18, 19A and 19B Access track
43, 51 Road works Work No.7 Roadway
52 Road works Access to works Work No.7 Work Nos. 17, 18, 19A and 19B
52a Access to works Work Nos.17, 18, 19A and 19B Access track
53, 55 Access to works Access to works Work No.7 Work Nos. 17, 18, 19A and 19B
56 Works compound and construction of pipe-line Work Nos. 1, 18, 19A and 19B Pipe-line and access road
57 Grub up highway Work No.7 Removal of road surface
59 Access to works Work Nos. 1, 18, 19A and 19B Pipe-line
61, 65, 67 Construction of pipe-line Work Nos. 19A and 19B Pipe-line
62, 63 Access to Works Work No.1
64 Environmental mitigation Work No.1 Replacement newt habitat
71 Access to works Work No.19A
72, 73, 82, 82a, 84 Access to works Work No.20
77 Access to works Work Nos. 1, 19A and 19B
78, 83, 103, 107, 107a, 108 Earthworks Work No.1 Earthworks and landscaping
85, 91, 92 Earthworks Work Nos. 1 and 8 Earthworks and landscaping
94, 116, 121, 122 Works compound Work Nos. 1, 8 and 9 Earthworks and landscaping
97, 99, 176, 201 Access to works Work No.8
98 Earthworks Work No.1 Earthworks, landscaping and replacement bat accommodation
102 Drainage works Work No.1 Drainage
105, 105a Junction remodelling Work No.10 Roadway
110 Remodel B5026 Work No.8 Roadway and turning head
114, 120 Grub up highway Work Nos. 1 and 8 Removal of road surface
115 Works compound Work Nos. 1, 8 and 9
127 Grub up highway Work No.11 Removal of road surface
128 Roadworks Work No.11 Roadway
130a, 141 Access to works Work No.1 Access track
131, 132 Works compound Work No.1 Earthworks and landscaping
133, 136 Access to works Work Nos. 1 and 13
134 Mitigation work and river diversion Work Nos. 1 and 13 Fen and swamp habitat replacement and diverted river
140, 142 Access to works Work No.1
143 Access to works Work Nos. 1, 13 and 14
144, 145 Working area for earthworks Work Nos. 8 and 11
149 Remodel Station Road junction Work No.8 Roadway
151 Road works Work Nos. 8 and 11
152 Works to utilities Work Nos. 8 and 11 Landscaping
153, 154 Access to compounds and works Work No.8
155 Works compound Work No.8 Landscaping
156a Access to works Work No.8 Access track
162, 163 Access to works Work Nos. 11 and 15 Habitat creation
164 Access to works and river diversion Work Nos. 11 and 15 Diverted river and habitat creation
170, 171 Access to works Work Nos. 8 and 15 Access
172, 173 Access to works Work Nos. 8 and 15
174, 175, 178a Access to works Work No.8 Access track
177 Works compound and formation of access Work Nos. 8 and 11 Earthworks landscaping, access and access track
179 Access to works Work Nos. 8, 11 and 15
180, 182 Earthworks Work Nos. 8 and 11 Earthworks and landscaping
181 Works to utilities Work Nos. 8 and 11
184, 193, 194, 195 Road works Work No.12 Roadway
186 Works compound Work No.12
187 Grub up highway Work No.12 Removal of road surface
189 Earthworks Work Nos. 8, 11 and 12 Earthworks and landscaping
192, 196, 199 Earthworks Work No.12 Earthworks and landscaping
198 Access to severed land Work No.12 Access to severed land
203 Fencing Work Nos. 8 and 12
204, 206, 208 Access to works Work No.8
209 Access to works Work No.16
210a, 212 Access to works and installation of power supply Work No.16 Power cables
211 Access to works Work No.16 Access track

PART 2 — NATIONAL GRID

(1) Number of land shown on land plans (2) Purpose for which temporary possession may be taken (3) Relevant part of the authorised development
1, 2, 3, 5, 7, 8, 11, 11a, 13, 19, 30, 30a, 37a, 42, 49, 50, 54, 55 Worksites and access to works Work Nos. 17, 18, 19A and 19B
33, 34, 37, 38 Construction and maintenance of pipe-line Work No.17
34a (part) Construction of pipe-line Work No.17
52, 52a Worksites and access to works Work Nos. 17, 18, 19A and 19B
56 Construction of pipe-line Work Nos. 18, 19A and 19B
57 Worksites and access to works Work Nos. 18, 19A and 19B
58, 59, 65, 67 Construction of pipe-line Work Nos. 19A and 19B
61, 66, 77 Worksites and access to works Work Nos. 19A and 19B
71 Construction of pipe-line Work No.19A
76, 80, 87, 90, 96 Worksites and access to works Work Nos. 18, 19A and 19B

SCHEDULE 10 — PROTECTIVE PROVISIONS

PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the undertakers referred to in this Part of this Schedule the following provisions, unless otherwise agreed in writing between Network Rail and the undertaker concerned, have effect.

2

In this Part of this Schedule—

  • “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
  • “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00026]), belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the undertaker under the Water Industry Act 1991[^f00027]; and any 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 of that Act, 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 in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • “functions” includes powers and duties;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and
  • “undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00028]; a water undertaker within the meaning of the Water Industry Act 1991; a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and UKOP, for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.
3

This Part of this Schedule does not apply to apparatus in respect of which the relations between Network Rail and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

Regardless of any provision in this Order or anything shown on the land plans, Network Rail must not acquire any apparatus otherwise than by agreement.

5
  • (1) If, in the exercise of the powers conferred by this Order, Network Rail acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, Network Rail requires the removal of any apparatus placed in that land, it must give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) Network Rail must, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of Network Rail and subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of Network Rail, or Network Rail is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question must, on receipt of a written notice to that effect from Network Rail, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (4) Any alternative apparatus to be constructed in land of Network Rail under this Part of this Schedule is to be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and Network Rail or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
  • (5) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 43, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by Network Rail to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if Network Rail gives notice in writing to the undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of Network Rail, that work, instead of being executed by the undertaker, must be executed by Network Rail without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.
  • (7) Nothing in sub-paragraph (6) authorises Network Rail to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.
6
  • (1) Where, in accordance with the provisions of this Part of this Schedule, Network Rail affords to an undertaker facilities and rights for the construction and maintenance in land of Network Rail of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between Network Rail and the undertaker in question or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
  • (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in or along any railway of Network Rail, the arbitrator must—
  • (a) give effect to all reasonable requirements of Network Rail for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of Network Rail or the traffic on the railway; and
  • (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.
  • (3) If the facilities and rights to be afforded by Network Rail in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by Network Rail to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
7
  • (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 5(2), Network Rail must submit to the undertaker in question a plan, section and description of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by an undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.
  • (4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by Network Rail, reasonably requires the removal of any apparatus and gives written notice to Network Rail of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by Network Rail under paragraph 5(2).
  • (5) Nothing in this paragraph precludes Network Rail from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
  • (6) Network Rail is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
8
  • (1) Subject to the following provisions of this paragraph, Network Rail must repay to an undertaker the reasonable expenses incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).
  • (2) The value of any apparatus removed under the provisions of this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (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; 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 Network Rail or, in default of agreement, is not determined by arbitration in accordance with article 43 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

  • (4) For the purposes of sub-paragraph (3)—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
  • (b) where the provision 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 is to be treated as if it also had been agreed or had been so determined.
  • (5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works under sub-paragraph (1) must, 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 undertaker 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.
9
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), any damage is 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 property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, Network Rail must—
  • (a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

  • (2) Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.
  • (3) An undertaker must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of Network Rail which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
10

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Network Rail and an undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 2 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

11
  • (1) For the protection of any operator, the following provisions, unless otherwise agreed in writing between Network Rail and the operator, have effect.
  • (2) In this Part of this Schedule—
  • ...
  • “electronic communications apparatus” has the same meaning as in the electronic communications code;
  • “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00029];
  • “electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; andan electronic communications network which the Secretary of State is providing or proposing to provide;
  • “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and
  • “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;
  • “operator” means the operator of an electronic communications code network.
12

The exercise of the powers conferred by article 31 (statutory undertakers) is subject to Part 10 of Schedule 3A to the Communications Act 2003.

13
  • (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of the works comprised in the authorised development—
  • (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purpose of the authorised development) or other property of an operator; or
  • (b) there is any interruption in the supply of the service provided by an operator,
14

This Part of this Schedule does not apply to—

  • (a) any apparatus in respect of which the relations between Network Rail and an operator are regulated by the provisions of Part 3 of the 1991 Act; or
  • (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.
15

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Network Rail and an operator in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

SCHEDULE 11 — PLANS AND DRAWINGS

Note:

In this Schedule a reference to a Regulation is to the quoted Regulation in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009[^f00031].

PART 1 — DESIGN DRAWINGS

Drawing Title Drawing Number Revision
Design Drawings [Regulation 5(2)(o)] Key Plan 124130-EMF-DRG-ATK-910001 A01
Design Drawings [Regulation 5(2)(o)] Works Overview Sheet 1 of 4 124130-EMF-DRG-ATK-910002 A02
Design Drawings [Regulation 5(2)(o)] Works Overview Sheet 2 of 4 124130-EMF-DRG-ATK-910003 A02
Design Drawings [Regulation 5(2)(o)] Works Overview Sheet 3 of 4 124130-EMF-DRG-ATK-910004 A03
Design Drawings [Regulation 5(2)(o)] Works Overview Sheet 4 of 4 124130-EMF-DRG-ATK-910005 A02
Design Drawings [Regulation 5(2)(o)] Track Longitudinal Sections Down Slow 124130-EMF-DRG-ATK-910006 A01
Design Drawings [Regulation 5(2)(o)] Track Longitudinal Section Up Norton Bridge 124130-EMF-DRG-ATK-910007 A01
Design Drawings [Regulation 5(2)(o)] Highways Longitudinal Sections 124130-EMF-DRG-ATK-910008 A01
Design Drawings [Regulation 5(2)(o)] Highways Longitudinal Sections 124130-EMF-DRG-ATK-910014 A01
Design Drawings [Regulation 5(2)(o)] Footpath Longitudinal Sections 124130-EMF-DRG-ATK-910009 A02
Design Drawings [Regulation 5(2)(o)] Typical Earthworks Cross Sections Sheet 1 of 4 124130-EMF-DRG-ATK-910010 A01
Design Drawings [Regulation 5(2)(o)] Typical Earthworks Cross Sections Sheet 2 of 4 124130-EMF-DRG-ATK-910011 A01
Design Drawings [Regulation 5(2)(o)] Typical Earthworks Cross Sections Sheet 3 of 4 124130-EMF-DRG-ATK-910012 A01
Design Drawings [Regulation 5(2)(o)] Typical Earthworks Cross Sections Sheet 4 of 4 124130-EMF-DRG-ATK-910013 A01
Design Drawings [Regulation 5(2)(o)] Underbridge 1 – LEC4 / 13 Widening Plans and Elevations 124130-EMF-DRG-ATK-910015 A02
Design Drawings [Regulation 5(2)(o)] Underbridge 1A Plans and Elevations 124130-EMF-DRG-ATK-910016 A01
Design Drawings [Regulation 5(2)(o)] Underbridge 2 – Meece Brook South Plans and Elevations 124130-EMF-DRG-ATK-910017 A02
Design Drawings [Regulation 5(2)(o)] Overbridge 3 – Searchlight Lane Plans and Elevations 124130-EMF-DRG-ATK-910018 A02
Design Drawings [Regulation 5(2)(o)] Intersection Bridge 5, WCML Plans and Elevations 124130-EMF-DRG-ATK-910020 A02
Design Drawings [Regulation 5(2)(o)] Overbridge 5A – WCML / B5026 Plans and Elevations 124130-EMF-DRG-ATK-910021 A02
Design Drawings [Regulation 5(2)(o)] Underbridges 6 & 6A – Meece Brook North Plan 124130-EMF-DRG-ATK-910022 A02
Design Drawings [Regulation 5(2)(o)] Underbridges 6 & 6A – Meece Brook North Sections and Elevations 124130-EMF-DRG-ATK-910023 A02
Design Drawings [Regulation 5(2)(o)] Overbridge 7 – Meece Road Plans and Elevations 124130-EMF-DRG-ATK-910024 A02
Design Drawings [Regulation 5(2)(o)] Underbridge 8 – NBS/9 Widening Plans and Elevations 124130-EMF-DRG-ATK-910025 A01
Design Drawings [Regulation 5(2)(o)] Footbridge 9 – Mid Norton Plans and Elevations 124130-EMF-DRG-ATK-910026 A01
Design Drawings [Regulation 5(2)(o)] Overbridge 10A – B5026 West Plans and Elevations 124130-EMF-DRG-ATK-910027 A02
Design Drawings [Regulation 5(2)(o)] Underbridge 11 – Meece Brook West Plans and Elevations 124130-EMF-DRG-ATK-910028 A02
Design Drawings [Regulation 5(2)(o)] Earthworks Cross Sections Sheet 1 of 5 124130-EMF-DRG-ATK-910115 A01
Design Drawings [Regulation 5(2)(o)] Earthworks Cross Sections Sheet 2 of 5 124130-EMF-DRG-ATK-910116 A01
Design Drawings [Regulation 5(2)(o)] Earthworks Cross Sections Sheet 3 of 5 124130-EMF-DRG-ATK-910117 A01
Design Drawings [Regulation 5(2)(o)] Earthworks Cross Sections Sheet 4 of 5 124130-EMF-DRG-ATK-910118 A01
Design Drawings [Regulation 5(2)(o)] Earthworks Cross Sections Sheet 5 of 5 124130-EMF-DRG-ATK-910119 A01
Highway Diversion and Maintenance Access Key Plan 124130-ECV-DRG-ATK-038101 B03
B5026 Diversion Plan and Longsection Sheet 1 of 8 124130-ECV-DRG-ATK-038311 B03
B5026 Diversion Plan Sheet 2 of 8 124130-ECV-DRG-ATK-038312 B03
B5026 Diversion Plan Sheet 3 of 8 124130-ECV-DRG-ATK-038313 B03
B5026 Long Section Sheet 4 of 8 124130-ECV-DRG-ATK-038314 B03
B5026 Diversion Plan and Long Section Sheet 5 of 8 124130-ECV-DRG-ATK-038315 B03
B5026 Diversion Plan and Long Section Sheet 6 of 8 124130-ECV-DRG-ATK-038316 B03
B5026 Diversion Plan and Long Section Sheet 7 of 8 124130-ECV-DRG-ATK-038317 B03
B5026 Diversion Plan and Long Section Sheet 8 of 8 124130-ECV-DRG-ATK-038318 B04
Searchlight Lane Diversion Plan and Long Section Sheet 1 of 2 124130-ECV-DRG-ATK-038319 B04
Searchlight Lane Diversion Plan and Long Section Sheet 2 of 2 124130-ECV-DRG-ATK-038320 B04
Searchlight Lane Junction Maintenance Compound General Arrangement 124130-ECV-DRG-ATK-038386 B03
Yarnfield Junction Maintenance Compound General Arrangement 124130-ECV-DRG-ATK-038387 B03
Little Bridgeford Maintenance Compound General Arrangement 124130-ECV-DRG-ATK-038388 B03
Highway Standard Details 124130-ECV-DRG-ATK-038001 B03
B5026 Diversion Fencing and Road Restraint Systems 124130-ECV-DRG-ATK-038341 B03
B5026 Diversion Fencing and Road Restraint Systems 124130-ECV-DRG-ATK-038342 B03
B5026 Diversion Fencing and Road Restraint Systems 124130-ECV-DRG-ATK-038343 B03
B5026 Diversion Fencing and Road Restraint Systems 124130-ECV-DRG-ATK-038344 B03
Searchlight Lane Fencing and Road Restraint Systems 124130-ECV-DRG-ATK-038345 B04
B5026 Diversion Pavement, Footways and Paved Areas Sheet 1 of 4 124130-ECV-DRG-ATK-038351 B03
B5026 Diversion Pavement, Footways and Paved Areas Sheet 2 of 4 124130-ECV-DRG-ATK-038352 B03
B5026 Diversion Pavement, Footways and Paved Areas Sheet 3 of 4 124130-ECV-DRG-ATK-038353 B03
B5026 Diversion Pavement, Footways and Paved Areas Sheet 4 of 4 124130-ECV-DRG-ATK-038354 B03
Searchlight Lane Diversion Pavement, Footways and Paved Areas 124130-ECV-DRG-ATK-038355 B04
B5026 Diversion Kerbs Sheet 1 of 4 124130-ECV-DRG-ATK-038361 B03
B5026 Diversion Kerbs Sheet 2 of 4 124130-ECV-DRG-ATK-038362 B03
B5026 Diversion Kerbs Sheet 3 of 4 124130-ECV-DRG-ATK-038363 B03
B5026 Diversion Kerbs Sheet 4 of 4 124130-ECV-DRG-ATK-038364 B03
Searchlight Lane Kerbs 124130-ECV-DRG-ATK-038365 B04
B5026 Diversion Traffic Signs & Road Markings 124130-ECV-DRG-ATK-038371 B03
B5026 Diversion Traffic Signs & Road Markings 124130-ECV-DRG-ATK-038372 B03
B5026 Diversion Traffic Signs & Road Markings 124130-ECV-DRG-ATK-038373 B03
Searchlight Lane Traffic Signs & Road Markings 124130-ECV-DRG-ATK-038375 B04
B5026 Diversion Traffic Signs Details 124130-ECV-DRG-ATK-038003 B03
B5026 Diversion Traffic Signs Details 124130-ECV-DRG-ATK-038004 B03
B5026 Diversion Traffic Signs Details 124130-ECV-DRG-ATK-038005 B03
B5026 Diversion Traffic Signs Details 124130-ECV-DRG-ATK-038006 B03
B5026 Diversion Traffic Signs Details 124130-ECV-DRG-ATK-038007 B03
B5026 Diversion Proposed Street Lighting Layout 124130-ECV-DRG-ATK-038381 B03
B5026 Diversion Proposed Street Lighting Wiring Diagram 124130-ECV-DRG-ATK-038382 B03
Scamnell Lane Sections 124130-ECV-DRG-ATK-038395 B03
Drainage Key Plan 124130-ECV-DRG-ATK-020100 B03
Drainage Network Layout Sheet 1 of 2 124130-ECV-DRG-ATK-020150 B03
Drainage Network Layout Sheet 2 of 2 124130-ECV-DRG-ATK-020151 B03
B5026 Diversion Drainage Sheet 1 of 4 124130-ECV-DRG-ATK-028311 B03
B5026 Diversion Drainage Sheet 2 of 4 124130-ECV-DRG-ATK-028312 B03
B5026 Diversion Drainage Sheet 3 of 4 124130-ECV-DRG-ATK-028313 B03
B5026 Diversion Drainage Sheet 4 of 4 124130-ECV-DRG-ATK-028314 B03
Searchlight Lane Drainage 124130-ECV-DRG-ATK-028315 B04
Chebsey Lane General Arrangement (Temporary Situation) NBSAIP-ASA-DRG-EHW-035310 B01
Chebsey Lane Fencing, Pavement & Kerbs (Temporary Situation) NBSAIP-ASA-DRG-EHW-035311 B01
Chebsey Lane Lighting (Temporary Situation) NBSAIP-ASA-DRG-EHW-035312 B01
Chebsey Lane Drainage NBSAIP-ASA-DRG-EHW-035313 B01
Chebsey Lane Traffic Signs, Road Markings & Signals (Temporary Situation) NBSAIP-ASA-DRG-EHW-035314 B01
Chebsey Lane Extent of Temporary 40 mph Speed Limit (TRO) NBSAIP-ASA-DRG-EHW-035315 B01
Chebsey Lane General Arrangement (Permanent Situation) NBSAIP-ASA-DRG-EHW-035320 B01
Chebsey Lane Pavement And Kerbing (Permanent Situation) NBSAIP-ASA-DRG-EHW-035321 B01
Chebsey Lane Traffic Signs, Road Markings & Signals (Permanent Situation) NBSAIP-ASA-DRG-EHW-035323 B01
Chebsey Lane Traffic Signals Layout (Temporary Situation) NBSAIP-ASA-DRG-EHW-035354 B01
Chebsey Lane Traffic Signals Ducting Layout (Temporary Situation) NBSAIP-ASA-DRG-EHW-035355 B01
Lighting and Electrical Standard Details Sheet1 of 2 (Chebsey Lane / A5013 Eccleshall Road Junction) 124130-ECV-DRG-ATK-038385 B03
Lighting and Electrical Standard Details Sheet2 of 2 (Chesbey Lane / A5013 Eccleshall Road Junction) 124130-ECV-DRG-ATK-038394 B03

PART 2 — LAND PLANS

Drawing Title Reference
Land Plans Land Plans
Key Plan 30 August 2013 (Revision B)
Sheet 1 29 November 2012
Sheet 2 29 November 2012
Sheet 3 29 November 2012
Sheet 4 29 November 2012
Sheet 5 29 November 2012
Sheet 6 29 November 2012
Sheet 7 30 August 2013 (Revision C)
Sheet 8 29 November 2012
Sheet 9 29 November 2012
Sheet 10 29 November 2012
Sheet 11 29 November 2012
Land Affected Plans Land Affected Plans
Key Plan 124130-EMF-DRG-ATK-910125 (Rev: A02) (20 September 2013)
Sheet 1 124130-EMF-DRG-ATK-910126 (Rev: A01) (23 November 2012)
Sheet 2 124130-EMF-DRG-ATK-910127 (Rev: A02) (20 September 2013)
Sheet 3 124130-EMF-DRG-ATK-910128 (Rev: A02) (20 September 2013)
Sheet 4 124130-EMF-DRG-ATK-910129 (Rev: A01) (23 November 2012)

PART 3 — STREET PLANS

Drawing Title Drawing Number Revision
Street Plans [Regulation 5(2)(k)] Key Plan 124130-EMF-DRG-ATK-910045 A01
Street Plans [Regulation 5(2)(k)] Sheet 1 of 4 124130-EMF-DRG-ATK-910046 A01
Street Plans [Regulation 5(2)(k)] Sheet 2 of 4 124130-EMF-DRG-ATK-910047 A01
Street Plans [Regulation 5(2)(k)] Sheet 3 of 4 124130-EMF-DRG-ATK-910048 A02
Street Plans [Regulation 5(2)(k)] Sheet 4 of 4 124130-EMF-DRG-ATK-910049 A01

PART 4 — WORKS PLANS

Drawing Title Drawing Number Revision
Works Plans [Regulation 5(2)(j)] Key Plan 1:10000 124130-EMF-DRG-ATK-910030 A01
Works Plans [Regulation 5(2)(j)] 1:2500 Plan Sheet 1 of 4 124130-EMF-DRG-ATK-910031 A01
Works Plans [Regulation 5(2)(j)] 1:2500 Plan Sheet 2 of 4 124130-EMF-DRG-ATK-910032 A01
Works Plans [Regulation 5(2)(j)] 1:2500 Plan Sheet 3 of 4 124130-EMF-DRG-ATK-910033 A02
Works Plans [Regulation 5(2)(j)] 1:2500 Plan Sheet 4 of 4 124130-EMF-DRG-ATK-910034 A01
Works Plans [Regulation 6(2)] Track Longitudinal Sections Work No.1 – Down Slow 124130-EMF-DRG-ATK-910035 A01
Works Plans [Regulation 6(2)] Track Longitudinal Section Work No.8 – Up Norton Bridge 124130-EMF-DRG-ATK-910036 A01
Works Plans [Regulation 6(2)] Highways Longitudinal Sections 124130-EMF-DRG-ATK-910037 A01
Works Plans [Regulation 6(2)] Footpath Longitudinal Sections 124130-EMF-DRG-ATK-910038 A02
Works Plans [Regulation 6(2)] Highways Longitudinal Sections 124130-EMF-DRG-ATK-910039 A01
Works Plans [Regulation 6(2)] Rivers Longitudinal Sections 124130-EMF-DRG-ATK-910040 A01
Fuel Pipeline Diversion Long Section (Regulation 5(2)(o)) Sheet 1 of 5 BPA-7385-X-MAP 1
Fuel Pipeline Diversion Long Section (Regulation 5(2)(o)) Sheet 2 of 5 BPA-7386-X-MAP A
Fuel Pipeline Diversion Long Section (Regulation 5(2)(o)) Sheet 3 of 5 BPA-7387-X-MAP A
Fuel Pipeline Diversion Long Section (Regulation 5(2)(o)) Sheet 4 of 5 BPA-7388-X-MAP A
Fuel Pipeline Diversion Long Section (Regulation 5(2)(o)) Sheet 5 of 5 BPA-7389-X-MAP A
Gas Pipeline Diversion, Long Sections [Regulation 5(2)(o)] B1086521/9020 A
Works Plans [Regulation 6(2)] Earthworks Cross Sections 1 of 5 124130-EMF-DRG-ATK-910120 A01
Works Plans [Regulation 6(2)] Earthworks Cross Sections 2 of 5 124130-EMF-DRG-ATK-910121 A01
Works Plans [Regulation 6(2)] Earthworks Cross Sections 3 of 5 124130-EMF-DRG-ATK-910122 A01
Works Plans [Regulation 6(2)] Earthworks Cross Sections 4 of 5 124130-EMF-DRG-ATK-910123 A01
Works Plans [Regulation 6(2)] Earthworks Cross Sections 5 of 5 124130-EMF-DRG-ATK-910124 A01
Works Plans [Regulation 6(2)] Underbridge 1 – LEC4 / 13 Widening Plans and Elevations 124130-EMF-DRG-ATK-910050 A02
Works Plans [Regulation 6(2)] Underbridge 1A – Plans and Elevations 124130-EMF-DRG-ATK-910051 A01
Works Plans [Regulation 6(2)] Underbridge 2 – Meece Brook South Plans and Elevations 124130-EMF-DRG-ATK-910052 A02
Works Plans [Regulation 6(2)] Overbridge 3 – Searchlight Lane Plans and Elevations 124130-EMF-DRG-ATK-910053 A02
Works Plans [Regulation 6(2)] Intersection Bridge 5, WCML Plans and Elevations 124130-EMF-DRG-ATK-910054 A02
Works Plans [Regulation 6(2)] Overbridge 5A – WCML / B5026 Plans and Elevations 124130-EMF-DRG-ATK-910055 A02
Works Plans [Regulation 6(2)] Underbridges 6 & 6A – Meece Brook North Plan 124130-EMF-DRG-ATK-910056 A02
Works Plans [Regulation 6(2)] Underbridges 6 & 6A – Meece Brook North Sections and Elevations 124130-EMF-DRG-ATK-910057 A02
Works Plans [Regulation 6(2)] Overbridge 7 – Meece Road Plans and Elevations 124130-EMF-DRG-ATK-910058 A02
Works Plans [Regulation 6(2)] Underbridge 8 – NBS9 Widening Plans and Elevations 124130-EMF-DRG-ATK-910059 A01
Works Plans [Regulation 6(2)] Footbridge 9 – Mid Norton Plans and Elevations 124130-EMF-DRG-ATK-910060 A01
Works Plans [Regulation 6(2)] Overbridge 10A – B5026 West Plans and Elevations 124130-EMF-DRG-ATK-910061 A02
Works Plans [Regulation 6(2)] Underbridge 11 – Meece Brook West Plans and Elevations 124130-EMF-DRG-ATK-910062 A02
Works Plans [Regulation 5(2)(j)] National Grid 1:2500 Plan Sheet 1 of 2 124130-EMF-DRG-ATK-910100 A01
Works Plans [Regulation 5(2)(j)] National Grid 1:2500 Plan Sheet 2 of 2 124130-EMF-DRG-ATK-910101 A01
Gas Pipeline Diversion, Long Sections [Regulation 5(2)(o)] B1086521/9020 A

PART 5 — TRAFFIC REGULATION ORDER PLANS

Drawing Title Drawing Number Revision
Chebsey Lane Extent of Temporary 40 mph Speed Limit (TRO) NBSAIP-ASA-DRG-EHW-035315 B01
B5026 and Meece Road TRO Plan NBSAIP-ASA-DRG-EHW-035360 A01
B5026 and Meece Road TRO Plan NBSAIP-ASA-DRG-EHW-035361 A01
B5026 and Meece Road TRO Plan NBSAIP-ASA-DRG-EHW-035362 A01
B5026 and Meece Road TRO Plan NBSAIP-ASA-DRG-EHW-035363 A01

SCHEDULE 12 — TRAFFIC REGULATION

(1) Road (2) Speed limit (miles per hour (mph)) (3) Extent
A5013 40 mph The area hatched red on the traffic regulation order plan NBSAIP-ASA-DRG-EHW-035315 (Rev. B01)
Chebsey Lane 40 mph The area hatched red on the traffic regulation order plan NBSAIP-ASA-DRG-EHW-035315 (Rev. B01)
Worston Lane 40 mph The area hatched red on the traffic regulation order plan NBSAIP-ASA-DRG-EHW-035315 (Rev. B01)
B5026 50 mph The area hatched red on the traffic regulation order plans NBSAIP-ASA-DRG-EHW-035360 (Rev. A01) to NBSAIP-ASA-DRG-EHW-035363 (Rev. A01)
Meece Road 50 mph The area hatched red on the traffic regulation order plans NBSAIP-ASA-DRG-EHW-035360 (Rev. A01) to NBSAIP-ASA-DRG-EHW-035363 (Rev. A01)

Signed

Signed by authority of the Secretary of State for Transport

Martin Woods — Head of the Transport and Works Act Orders Unit — Department for Transport — 31st March 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Network Rail Infrastructure Limited (referred to in this Order as Network Rail) to construct and operate new sections of railway in the vicinity of Norton Bridge, Staffordshire.

The railway works comprise:

  • (a) a new railway, partly two track and partly single track from Little Bridgeford Junction on the West Coast Main Line to a junction adjacent to Heamies Bridge on the West Coast Main Line; and
  • (b) a new two track railway from the Searchlight Lane Junction on the above work, passing over the West Coast Main Line, to the Yarnfield Junction on the Norton Bridge to Stone branch railway,

the combined effect of which will be to remove an at-grade crossing and provide greater capacity and efficiency for trains using the West Coast Main Line.

In order to accommodate these railway works, the Order also authorises National Grid Gas plc (referred to in this Order as National Grid) to divert a high pressure gas pipe-line in one location and another high pressure gas pipe-line in two locations.

The Order permits Network Rail to acquire, compulsorily or by agreement, land and rights in land and to use land for these purposes and National Grid to acquire compulsorily rights in land and to use land in connection with the diversion of its gas pipe-lines.

The Order also makes provision in connection with the maintenance of the new section of railway.

A copy of the plans and sections, book of reference, design brief, design drawings and environmental statement mentioned in this Order and certified in accordance with article 41 of this Order (certification of plans etc.) may be inspected free of charge during working hours at the offices of the Company Secretary to Network Rail Infrastructure Limited at Kings Place, 90 York Way, London N1 9AG.

Footnotes

[^f00001]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/722, S.I. 2013/755.

[^f00002]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00003]: S.I. 2010/103.

[^f00004]: 1961 c. 33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c. 65). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00005]: 1965 c. 56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 (c. 34). Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c. 39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00006]: 1973 c. 26. Section 20 was amended by subsections (6) and (12) of section 146 of, and Schedule 13 to, the 1984 Act. Subsection (10) of section 20 was repealed by section 343(3) of, and Schedule 25 to, the 1980 Act and subsection (11) was repealed by section 155 of, and Schedule 25 to, the Rent Act 1977 (c. 42). There are other amendments to the 1973 Act which are not relevant to this Order.

[^f00007]: 1980 c. 66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c. 22); sections 1(2), (3) and (4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c. 51); section 1(2A) was inserted by, and section 1(3) was amended by, section 259(1), (2) and (3) of the Greater London Authority Act 1999 (c. 29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c. 71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11), by section 64(1), (2) and (3) of the Transport and Works Act 1992 (c. 42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c. 37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c. 51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00008]: 1984 c. 27.

[^f00009]: 1990 c. 8. Section 206(1) was amended by section 192(8) to, and paragraphs 7 and 11 of Schedule 8 to, the 2008 Act. There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00010]: 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 79(4), 80(4) and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00011]: 2003 c. 21. There are amendments to this Act which are not relevant to this Order.

[^f00012]: 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.

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