Legalize / United Kingdom / Statutory-Instrument

The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

Type Statutory-Instrument

Publication 2016-09-02

Last updated 2017-11-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

SCHEDULE 4 — TEMPORARY STOPPING UP OF STREETS

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
Rights of Way and Access Plans – Sheet 1	Rights of Way and Access Plans – Sheet 1	Rights of Way and Access Plans – Sheet 1
None
Rights of Way and Access Plans – Sheet 2	Rights of Way and Access Plans – Sheet 2	Rights of Way and Access Plans – Sheet 2
In the parish of Bray; in the unitary authority of the Royal Borough of Windsor and Maidenhead	Public right of way; Bray 75/1 Monkey Island Lane and Thames Bray Bridge	From a point starting at its intersection with Monkey Island Lane and continuing in a north westerly direction for a distance of 140 metres then continuing in a generally easterly direction for a distance of 355 metres
In the parishes of Dorney; in the district of South Bucks in the County of Buckinghamshire	Public right of way; DOR 18/5 Thames Bray Bridge	From a point in-line with the southern edge of the existing bridge carrying the M4 motorway and continuing generally north westwards for a distance of 50 metres
In the parishes of Taplow; in the district of South Bucks in the County of Buckinghamshire	Public right of way; TAP 16/4 Thames Bray Bridge	From a point 50 metres (generally north eastwards) from the southern edge of the existing bridge carrying the M4 motorway and continuing generally north westwards for a distance of 30 metres
In the parishes of Dorney and Taplow; in the district of South Bucks in the County of Buckinghamshire	Part of Marsh Lane.	A length commencing 33 metres to the north west of its junction with Oak Stubbs Lane and extending along the existing highway for a distance of 310 metres
Rights of Way and Access Plans – Sheet 3	Rights of Way and Access Plans – Sheet 3	Rights of Way and Access Plans – Sheet 3
None
Rights of Way and Access Plans – Sheet 4	Rights of Way and Access Plans – Sheet 4	Rights of Way and Access Plans – Sheet 4
In the parishes of Cippenham St Andrew; in the unitary authority of Slough Borough Council	Public right of way; Slough 14/5	Existing path for a length of 15 metres commencing at a point measuring 80 metres from its intersection with Slough 49 along the existing path in an easterly/northerly direction initially before returning southwards
	Public right of way; Slough 9	Existing path for a length of 48 metres commencing at a point measuring 42 metres from its intersection with Slough 49 along the existing path in a north westerly direction
Rights of Way and Access Plans – Sheet 5	Rights of Way and Access Plans – Sheet 5	Rights of Way and Access Plans – Sheet 5
None
Rights of Way and Access Plans –Sheet 6	Rights of Way and Access Plans –Sheet 6	Rights of Way and Access Plans –Sheet 6
In the parish of Upton-cum-Chalvey; in the unitary authorities of Slough Borough Council and Royal Borough of Windsor and Maidenhead Council	Public right of way: Slough 32 Windsor Rail	From a point commencing 44 metres to the south west of the western side of the rail level crossing and extending along the existing path in a south westerly direction for a distance of 130m
	Public right of way: Local cycle route – Chalvey High Street to Jubilee River (east) Windsor Rail	From a point commencing 30 metres to the south west of the eastern side of the rail level crossing and extending along the existing path in generally a south westerly direction for a distance of 125 metres
	Public right of way: Local cycle route – Chalvey High Street to Jubilee River (west) Windsor Rail	From a point at its intersection with private right of way Slough 32 at Windsor Branch Railway Bridge and extending along the existing path in generally a western direction for a distance of 625 metres up to the connection with National Cycle Route 62
	Public right of way: Slough 33A Windsor Rail	From a point commencing 30 metres to the south west of the eastern side of the rail level crossing and extending along the existing path, initially in a south westerly direction before changing direction generally to the east for a distance, overall, of 215 metres
Rights of Way and Access Plans – Sheet 7	Rights of Way and Access Plans – Sheet 7	Rights of Way and Access Plans – Sheet 7
In the parishes of Datchet and Upton-cum-Chalvey; in the unitary authorities of Slough Borough Council and Royal Borough of Windsor and Maidenhead Council	Public rights of way; Slough 78 Datchet Road	A length commencing at the eastern side of the turning area at the northern end of The Myrke and extending for 168 metres along the existing path, generally easterly on a zig-zag alignment to connect with Datchet Road
Rights of Way and Access Plans – Sheet 8	Rights of Way and Access Plans – Sheet 8	Rights of Way and Access Plans – Sheet 8
None
Rights of Way and Access Plans – Sheet 9	Rights of Way and Access Plans – Sheet 9	Rights of Way and Access Plans – Sheet 9
In the parish of Iver; in the unitary authority of Slough Borough Council and the district of South Bucks in the County of Buckinghamshire	Public right of way; IVE 20/3	A length commencing at its connection with Old Slade Lane and extending in a southerly and westerly direction for a distance of 190 metres
	Public right of way: IVE 31/2	A length commencing 9 metres from the eastern edge of the carriageway of Old Slade Lane at a distance of 105 metres north west of IVE 20/3 intersection with Old Slade Lane and continuing for a distance of 195 metres along the existing path in a south easterly/easterly direction
Rights of Way and Access Plans – Sheet 10	Rights of Way and Access Plans – Sheet 10	Rights of Way and Access Plans – Sheet 10
In the parish Colnbrook; in the unitary authority of Slough Borough Council	Public right of way; Slough 9 Langley Interchange	Total length of existing path carried by ramps, footbridge and subway commencing from the end (at ground level) of the spiral access ramp on the southern side of the roundabout forming part of Junction 5 of the M4 to the end (at ground level) of the spiral ramp on the northern side of the roundabout
In the parish of Colnbrook; in the unitary authority of Slough Borough Council	Public right of way; Slough 8 Site Compound	A length commencing at a point located 14 metres south of the access to Colnbrook Landfill Site at the eastern edge of the existing footway along the eastern side of Sutton Lane, for a distance of 190 metres along the existing path up to its intersection with the existing fence line along the northern side of London Road (A4) at a location 118 metres east of the junction with Sutton Lane

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot reference number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 2	Land Plans – Sheet 2
02–20, 02–22, 02–23, 02–25	At river level: permanent access for inspection and maintenance of the bridge
Land Plans –Sheet 19	Land Plans –Sheet 19
19-19, 19-19b, 19-20, 19-20a, 19-25, 19-27, 19-28a, 19-30, 19-30a, 19-33, 19-33a, 19-35, 19-35a, 19-37, 19-37a, 19-38, 19-39	At river level: permanent access for inspection and maintenance of the bridge.
19–80	At river level and river bank level: permanent access for inspection and maintenance of the bridge.

SCHEDULE 6 — 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 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 Land Compensation Act 1973³⁶ 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 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 4—

(a) for “land is acquired or taken” substitute “a right over land is purchased”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable”.

(3) For section 58(1)³⁷ (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) of the 1965 Act as substituted by paragraph 5, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or (b) a right over affecting land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

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 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

(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 (compulsory purchase under the Acquisition of Land Act of 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(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 is depreciated by the acquisition of the right 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 (provisions as to divided land) of the 1965 Act substitute—

(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 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 land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016³⁸ (“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) (owners under incapacity) of Schedule 1;

(d) paragraphs 2(3) and 7(2) (common land) of Schedule 4,

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 is vested absolutely in the acquiring authority.

7

Section 11³⁹ (powers of entry) of the 1965 Act 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 (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12⁴⁰ (penalty for unauthorised entry) and 13⁴¹ (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20⁴² (protection for interests of tenants at will, etc.) of the 1965 Act 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 in question.

9

Section 22 (interests omitted from purchase) of the 1965 Act 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, subject to compliance with that section as respects compensation.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Plot reference number(s) shown on Land Plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Land Plans - Sheet 2	Land Plans - Sheet 2	Land Plans - Sheet 2	Land Plans - Sheet 2
Section 1. District of West Berkshire	02–16, 02–17, 02–18	At railway level: temporary land required for access for inspection and possible refurbishment of bridge	1a, 1b, 2a, 2b
Section 1. District of West Berkshire	02–02a, 02–05	Land within existing highway boundary used for access to Scheme construction site and construction compound including traffic management	All works within Schedule 1
Section 1. District of West Berkshire	02–20, 02–20a, 02–20b, 02–22, 02–22a, 02–22b, 02–23, 02–23a, 02–23b, 02–25, 02–25a, 02–25b	At river and river bank level: temporary use for inspection and possible refurbishment of bridge	1a, 1b
Section 1. District of West Berkshire	02–08, 02–12	Temporary land required for use as construction compound	All works within Schedule 1
Section 1. District of West Berkshire	02–09, 02–10, 02–11	Temporary land required for use for access to construction compound	All works within Schedule 1
Land Plans - Sheet 3	Land Plans - Sheet 3	Land Plans - Sheet 3	Land Plans - Sheet 3
Section 1. District of West Berkshire	03–07, 03–12	Temporary use for improvement and realignment of sliproads including traffic management and cross carriageway ducting	3a, 3b, 3c, 3d
Land Plans - Sheet 4	Land Plans - Sheet 4	Land Plans - Sheet 4	Land Plans - Sheet 4
Section 1. District of West Berkshire	04–06, 04–08, 04–10	At railway level: temporary land required for access for inspection and possible refurbishment of bridge	1a, 1b
Section 1. District of West Berkshire	04–03, 04–04	Temporary use for inspection and possible refurbishment of culvert	1a, 1b
Land Plans - Sheet 6	Land Plans - Sheet 6	Land Plans - Sheet 6	Land Plans - Sheet 6
Section 3. Borough of Reading	06–03, 06–04, 06–05, 06–08	Temporary traffic management and for access to Scheme construction site	All works within Schedule 1
Section 3. Borough of Reading	06–10, 06–10a, 06–12, 06–12a, 06–12b	Temporary traffic management, including lane restrictions, to create working space for construction of the Scheme including a gantry Type 1 and realignment of Junction 11 Eastbound on slip	1a, 4b
Section 2. Borough of Wokingham	06–09b, 06–10b, 06–13, 06–14, 06–14a, 06–14b, 06–20	Temporary traffic management, including lane restrictions, to create working space for construction of the Scheme including a gantry Type 1 and realignment of Junction 11 Eastbound on slip	1a, 4b
Land Plans - Sheet 7	Land Plans - Sheet 7	Land Plans - Sheet 7	Land Plans - Sheet 7
Section 2. Borough of Wokingham	07–04, 07–05, 07–06, 07–08	Temporary use to create working space for construction of improved access to Cutbush Lane transmission station	1a
Section 2. Borough of Wokingham	07–11	Temporary use to create working space for removal of existing police observation platform	1a
Land Plans - Sheet 10	Land Plans - Sheet 10	Land Plans - Sheet 10	Land Plans - Sheet 10
Section 2. Borough of Wokingham	10–07, 10–08, 10–09	At railway level: temporary use for inspection and possible refurbishment of bridge	1a, 1b, 5a
Land Plans - Sheet 17	Land Plans - Sheet 17	Land Plans - Sheet 17	Land Plans - Sheet 17
Section 4. Royal Borough of Windsor and Maidenhead	17–12	Temporary use as construction compound	All works within Schedule 1
Land Plans - Sheet 18	Land Plans - Sheet 18	Land Plans - Sheet 18	Land Plans - Sheet 18
Section 4. Royal Borough of Windsor and Maidenhead	18–02, 18–03	Temporary use as construction compound	All works within Schedule 1
Section 4. Royal Borough of Windsor and Maidenhead	18–07, 18–08	Temporary land required for access and working space to construct realigned Ascot Road and new Ascot Road overbridge including retaining wall to east side of Ascot Road	7a, 7b
Section 4. Royal Borough of Windsor and Maidenhead	18–09, 18–10, 18–17, 18–17a, 18–17b, 18–19	Temporary land required for access and working space to construct realigned Ascot Road and new Ascot Road overbridge	7a
Land Plans - Sheet 19	Land Plans - Sheet 19	Land Plans - Sheet 19	Land Plans - Sheet 19
Section 4. Royal Borough of Windsor and Maidenhead	19–19, 19–19b, 19–20, 19–20a, 19–25, 19–27, 19–28a, 19–30, 19–30a, 19–33, 19–33a	At river and river bank level: temporary land required for widening Thames Bray underbridge	1a, 1b, 9a, 9b
Section 6. County of Buckinghamshire, District of South Bucks	19–35, 19–35a, 19–37, 19–37a, 19–38, 19–39	At river and river bank level: temporary land required for widening Thames Bray underbridge	1a, 1b, 9a, 9b
Section 4. Royal Borough of Windsor and Maidenhead	19-02, 19-02a, 19-02b, 19-06, 19-10	Temporary land required for access and working space for online reconstruction of Monkey Island Lane and Monkey Island Lane overbridge	8c
Section 4. Royal Borough of Windsor and Maidenhead	19–11, 19-14	Temporary land required for access and working space for online reconstruction of Monkey Island Lane and Monkey Island Lane overbridge and for widening of Thames Bray underbridge, including widening of the M4 and M4 embankment	8a, 8b, 8c, 9b
Section 6. County of Buckinghamshire, District of South Bucks	19-34, 19-36, 19-40, 19-41, 19-45, 19-46, 19-47, 19-49, 19-51, 19-53, 19-54, 19-55	Temporary land for access and working space for widening of Thames Bray underbridge to the North, including widening of the M4 and M4 embankment	9a, 9b
Section 4. Royal Borough of Windsor and Maidenhead	19-11a, 19-14a, 19-16, 19-18, 19-28, 19-29, 19-21, 19-22, 19-23, 19-24, 19-26, 19-31, 19-32	Temporary land for access and working space for widening of Thames Bray underbridge to the North, including widening of the M4 and M4 embankment	8a, 8b, 9a, 9b
Section 6. County of Buckinghamshire, District of South Bucks	19–56, 19–57, 19–57a	Temporary land for access and working space for widening the M4 and M4 embankment	10b
Section 6. County of Buckinghamshire, District of South Bucks	19-58, 19–59, 19–61, 19–62, 19–65, 19–73, 19–75, 19–76, 19–77, 19–79	Temporary land required for access and working space for online reconstruction of Marsh Lane and Marsh Lane overbridge	10c
Section 6. County of Buckinghamshire, District of South Bucks	19–80	At river level: temporary land required for access for inspection and possible refurbishment work to Jubilee River Bridge	1a, 1b
Land Plans - Sheet 20	Land Plans - Sheet 20	Land Plans - Sheet 20	Land Plans - Sheet 20
Section 6. County of Buckinghamshire, District of South Bucks	20–02, 20–03, 20–03a, 20–07, 20–08, 20–09, 20–10, 20–12, 20–17, 20–20	Temporary land required for access and working space to construct realigned Lake End Road and new Lake End Road overbridge	11a, 11b, 11c
Section 7. Borough of Slough	20–27, 20–28	Temporary land required for access and working space to construct realigned Huntercombe Spur and new Huntercombe Spur overbridge	12b, 12e, 12f
Section 6. County of Buckinghamshire, District of South Bucks	20–22,	Temporary land required for access and working space to construct realigned Huntercombe Spur and new Huntercombe Spur overbridge	12b, 12c, 12d, 12e
Section 7. Borough of Slough	20–30, 20–31, 20–32, 20–32a, 20–33, 20–34, 20–35, 20–36, 20–37, 20–37a, 20–37b, 20–37c, 20–38, 20–41b, 20–41c	Temporary land required for access and working space for online reconstruction of Oldway Lane and Oldway Lane overbridge	13, 13b, 13c
Section 7. Borough of Slough	20–41, 20–41a	Temporary land required to enable temporary diversion of Rights of Way between Oldway Lane and Wood Lane	13c, 14c
Land Plans - Sheet 21	Land Plans - Sheet 21	Land Plans - Sheet 21	Land Plans - Sheet 21
Section 7. Borough of Slough	21–01, 21–02, 21–02a	Temporary land required to enable temporary diversion of Rights of Way between Oldway Lane and Wood Lane	13c, 14c
Section 7. Borough of Slough	21–02b, 21–02c	Temporary land required to enable temporary diversion of Rights of Way between Oldway Lane and Wood Lane and for access and working space to construct and realign Wood Lane and new Wood Lane overbridge	13a, 13c, 14a, 14c
Section 7. Borough of Slough	21–02d, 21–04, 21–05, 21–06, 21–07, 21–12a, 21–13, 21–14, 21–15, 21–16, 21–17, 21–18	Temporary land required for access and working space to construct realigned Wood Lane and new Wood Lane overbridge	14a, 14b, 14c
Section 7. Borough of Slough	21–20, 21–21	Temporary land required for access and working space for the extension of Chalvey Culvert	15
Land Plans - Sheet 22	Land Plans - Sheet 22	Land Plans - Sheet 22	Land Plans - Sheet 22
Section 7. Borough of Slough	22–22, 22–23, 22–24, 22–25	At railway level: temporary land required for access and working space for widening Windsor Branch railway underbridge to the South, including realignment of M4 and Junction 6 Westbound off-slip and embankment strengthening and widening	1a, 1b, 16b, 16c, 17
Section 7. Borough of Slough	22–01	Temporary access for inspection and possible refurbishment of culvert	1a, 1b
Section 4. Royal Borough of Windsor and Maidenhead	22–10	Temporary use for access to construction compound	All works within Schedule 1
Section 7. Borough of Slough	22–09	Temporary use for access to construction compound and to Scheme construction site	All works within Schedule 1
Section 4. Royal Borough of Windsor and Maidenhead	22–11	Temporary use as construction compound	All works within Schedule 1
Section 7. Borough of Slough	22–12, 22–26	Temporary land required for access and working space for widening Windsor Branch Railway underbridge to the South, including realignment of M4 and Junction 6 Westbound off-slip and embankment strengthening and widening	1b, 16c, 17
Section 7. Borough of Slough	22–18, 22–21	Temporary land required for access and working space for widening Windsor Branch Railway underbridge to the South, including realignment of M4 and Junction 6 Eastbound on-slip	1a, 16b, 17
Land Plans - Sheet 23	Land Plans - Sheet 23	Land Plans - Sheet 23	Land Plans - Sheet 23
Section 7. Borough of Slough	23–02, 23–03, 23–04	Temporary land for access and working space to extend Water Main and Gas Main subway	18
Section 4. Royal Borough of Windsor and Maidenhead	23–12	Temporary land required for access and working space to construct realigned Datchet Road and new Datchet Road overbridge	19a, 19c
Section 7. Borough of Slough	23–11	Temporary land required for access and working space to construct realigned Datchet Road and new Datchet Road overbridge	19a, 19c
Section 7. Borough of Slough	23–07, 23–08	Temporary land for possible realignment of private means of access to Datchet Road	19c
Section 4. Royal Borough of Windsor and Maidenhead	23–32	Temporary land required for access and working space for online reconstruction of Recreation Ground overbridge	20a, 20c
Section 7. Borough of Slough	23–33	Temporary land required for access to finishing works on Recreation Ground road and Recreation Ground overbridge	20c
Section 4. Royal Borough of Windsor and Maidenhead	23–34, 23–35	Temporary land required for access and working space to extend Water Main subway	21
Section 4. Royal Borough of Windsor and Maidenhead	23–29	Temporary use as construction compound and temporary land required for access and working space to construct realigned Datchet Road and new Datchet Road overbridge, and temporary land required for access and working space for online reconstruction of Recreation Ground overbridge	19c, 20c, All works within Schedule 1
Section 7. Borough of Slough	23–19	Temporary use as construction compound and temporary land required for access and working space to construct realigned Datchet Road and new Datchet Road overbridge	19c, All works within Schedule 1
Land Plans - Sheet 24	Land Plans - Sheet 24	Land Plans - Sheet 24	Land Plans - Sheet 24
Section 4. Royal Borough of Windsor and Maidenhead	24-02, 24-03, 24-04, 24-05, 24-06, 24-07, 24-08, 24-09, 24-10, 24-11, 24-12, 24-13, 24-14, 24-15, 24-16, 24-17, 24-18, 24-20, 24-21, 24-22, 24-23, 24-24, 24-25, 24-29, 24-30, 24-32, 24-33, 24-34a	Temporary land required for access and working space to construct realigned Riding Court Road and new Riding Court Road overbridge	22a, 22b, 22c
Section 4. Royal Borough of Windsor and Maidenhead	24-34, 24-36, 24-40	Temporary traffic management, including lane restrictions on Riding Court Road, to create working space for construction of the Scheme	1a, 23a, 23b
Section 4. Royal Borough of Windsor and Maidenhead	24-37, 24-38	Temporary traffic management, including lane restrictions on Majors Farm Road, to create working space for construction of the Scheme	1b
Land Plans - Sheet 25	Land Plans - Sheet 25	Land Plans - Sheet 25	Land Plans - Sheet 25
Section 4. Royal Borough of Windsor and Maidenhead	25-01, 25-02	Temporary traffic management, including lane restrictions on Riding Court Road, to create working space for construction of the Scheme	1a, 24a
Section 7. Borough of Slough	25-03, 25-06, 25-09	Temporary traffic management, including lane restrictions on Riding Court Road, to create working space for construction of the Scheme	1a, 24a
Section 4. Royal Borough of Windsor and Maidenhead	25-11	Temporary traffic management, including lane restrictions on Majors Farm Road, to create working space for construction of the Scheme	1b, 24d
Section 7. Borough of Slough	25-15, 25-19	Temporary traffic management, including lane restrictions on Majors Farm Road, to create working space for construction of the Scheme	1b, 24d
Section 7. Borough of Slough	25-20, 25-22	Temporary traffic management and access to Scheme construction site	All works within Schedule 1
Section 7. Borough of Slough	25-30, 25-31, 25-32, 25-33, 25-34	Temporary use as construction compound	All works within Schedule 1
Land Plans - Sheet 26	Land Plans - Sheet 26	Land Plans - Sheet 26	Land Plans - Sheet 26
Section 7. Borough of Slough	26-03, 26-06, 26-09, 26-10, 26-19	Temporary land required for access and working space for online reconstruction of Old Slade Lane and Old Slade Lane overbridge	25, 26a, 26b
Section 6. County of Buckinghamshire, District of South Bucks	26-02, 26-18	Temporary land required for access and working space for online reconstruction of Old Slade Lane and Old Slade Lane overbridge	25, 26a
Section 7. Borough of Slough	26-09a, 26-10a, 26-11, 26-12, 26-13	Possible temporary access or diversion route for Old Slade Lane	25
Land Plans - Sheet 27	Land Plans - Sheet 27	Land Plans - Sheet 27	Land Plans - Sheet 27
Section 6. County of Buckinghamshire, District of South Buckinghamshire	27-12a, 27-12b, 27-12c, 27-12d, 27-12e, 27-12f	At motorway level; land within existing motorway boundaries retained for construction and operation of the Scheme. At railway level: temporary access for inspection and possible refurbishment of the bridge.	1a, 1b, 27a, 27b
Section 7, Borough of Slough	27-13a, 27-13b, 27-13c, 27-13d	At motorway level; land within existing motorway boundaries retained for construction and operation of the Scheme. At railway level: temporary access for inspection and possible refurbishment of the bridge.	1a, 1b, 26a, 26b
Land Plans - Sheet 28	Land Plans - Sheet 28	Land Plans - Sheet 28	Land Plans - Sheet 28
Section 8. London Borough of Hillingdon	28-04, 28-05, 28-06, 28-07, 28-09, 28-10, 28-11, 28-12	Temporary access and working space for extension of Sipson Road subway	28, 29a, 29d
Land Plans - Sheet 29	Land Plans - Sheet 29	Land Plans - Sheet 29	Land Plans - Sheet 29
Section 8. London Borough of Hillingdon	29-01, 29-02, 29-03	Temporary use as construction compound	All works within Schedule 1
Land Plans - Sheet 30	Land Plans - Sheet 30	Land Plans - Sheet 30	Land Plans - Sheet 30
Section 8. London Borough of Hillingdon	30-03	For inspection and possible refurbishment to St Dunstans Subway	1a,1b

SCHEDULE 8 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development
Area Order TPO 239/1983 (Wokingham District Council), contains a mixture of Oak (Quercus robur), Ash (Fraxinus excelsior) and other indigenous tree species together with a secondary storey of Hawthorn (Crataegus monogyna)	Possibility of localised disturbance to tree roots where they extend into the adjacent Scheme order limits, leading to possible need for lopping or felling. However, damage or loss to these trees will be avoided through detailed design where possible.	Work No. 1a
Area Order TPO 576/1993 (Wokingham District Council), mixed woodland containing Oak (Quercus robur), Birch (Betula pendula), Beech (Fagus sylvatica)	Possibility of localised disturbance to tree roots where they extend into the adjacent Scheme order limits, leading to possible need for lopping or felling. However, damage or loss to these trees will be avoided through detailed design where possible.	Work No. 5c
Area Order TPO 432 (Bracknell Forest Council), consists of mixed sapling and mature tree species including: Alder, Birch, Oak, Fir, Sweet Chestnut, Larch, Holly, Pine, Willow, Hemlock, Cypress, Hazel, Poplar, Aspen, Hawthorn, Sallow and Spruce	Possibility of localised disturbance to tree roots where they extend into the adjacent Scheme order limits, leading to possible need for lopping or felling. However, damage or loss to these trees will be avoided through detailed design where possible.	Work No. 1a
Individual Trees TPO 13/1979 (Royal Borough of Windsor and Maidenhead). Species data not available	Possible felling or lopping of individual trees along Ascot Road due to construction work in close proximity. However, subject to detail design it may be possible to retain and protect these trees during construction.	Work No. 7a
Area Order TPO 1962 (South Bucks District Council). Species data not available	Felling small part in the southern part of the TPO area where it overlaps with the Order limits.	Work No. 9a; Work No. 9b
Individual tree (Lime) TPO 14/2000 (South Bucks District Council)	Possible felling or lopping of this tree due to construction work in close proximity. However, subject to detail design it may be possible to retain and protect this tree during construction.	Work No. 1a
Area Order TPO 12 of 2006, Datchet Meadows (Slough Borough Council). Species data not available	Possibility of localised disturbance to tree roots where they extend into the adjacent Scheme order limits, leading to possible need for lopping or felling. However, damage or loss to these trees will be avoided through detailed design where possible.	Work No. 19c
Area Order TPO 7 of 1952 Old Wood (Slough Borough Council). Species data not available	Possibility of localised disturbance to tree roots where they extend into the adjacent Scheme order limits, leading to possible need for lopping or felling. However, damage or loss to these trees will be avoided through detailed design where possible.	Work No. 1b
Individual Trees TPO 3 of 1982 Old Slade Road (Slough Borough Council). Species data not available	Possible felling or lopping of three individual trees along Old Slade Lane due to construction work in close proximity. However, subject to detail design it may be possible to retain and protect these trees during construction.	Work No. 25
Area Order TPO 549 (London Borough of Hillingdon), consists mainly of London Plane, Wild Cherry and Sycamore	Possibility of localised disturbance to tree roots where they extend into the adjacent Scheme order limits, leading to possible need for lopping or felling. However, damage or loss to these trees will be avoided through detailed design where possible.	Work No. 29b

SCHEDULE 9 — PROTECTION OF INTERESTS

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

1

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

2

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the protected person 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 1989⁴³, 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 within the meaning of Part 1 (gas supply) of the Gas Act 1986⁴⁴ 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; andin the case of a sewerage undertaker—any drain or works vested in the undertaker under the Water Industry Act 1991⁴⁵; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreement to adopt sewers, drains or sewage disposal works at future date) of that Act⁴⁶,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works; andin the case of the Oil and Pipelines Agency, any oil apparatus,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;

“oil apparatus” means any pipe-line, apparatus and works as described in section 65(2) (meaning of “pipe-line”) of the Pipe-lines Act 1962⁴⁷ and all protective wrappings, sleeves and slabs, together with ancillary cables and markers; and such legal interest, and benefit of property rights and covenants as are vested in the Oil and Pipelines Agency in respect of such items;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

“protected person” means—any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989;a gas transporter within the meaning of Part 1 of the Gas Act 1986;a water undertaker within the meaning of the Water Industry Act 1991;a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991; andthe Oil and Pipelines Agency and its successors in title and function,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.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the protected person are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4

(1) Where any street is stopped up under article 13 (permanent stopping up of streets), any protected person whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the protected person legal easements reasonably satisfactory to the protected person in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the protected person to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 14 (temporary stopping up of streets), a protected person is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

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

Removal of apparatus

7

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the protected person’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a protected person to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the protected person in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the protected person in question 56 days’ written notice of that requirement, together with a plan 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) the undertaker must, subject to sub-paragraph (3), afford to the protected person the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker 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 the undertaker, or the undertaker 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 protected person must, on receipt of a written notice to that effect from the undertaker, 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 the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the protected person in question and the undertaker or in default of agreement settled by arbitration in accordance with article 42 (arbitration).

(5) The protected person in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 42 (arbitration), and after the grant to the protected person of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the protected person in question that the undertaker intends to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the protected person, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the protected person.

(7) Nothing in sub-paragraph (6) authorises the undertaker 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—

(a) 300 millimetres of apparatus other than oil apparatus; and

(b) 3000 millimetres of oil apparatus.

Facilities and rights for alternative apparatus

8

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a protected person facilities and rights for the construction and maintenance in land of the undertaker 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 the undertaker and the protected person in question or in default of agreement settled by arbitration in accordance with article 42 (arbitration).

(2) In settling those terms and conditions in respect of alternative apparatus the arbitrator must—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker or the traffic on the highway; 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 for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by the undertaker 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 protected person 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 the undertaker to that protected person as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9

(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the protected person in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the protected person for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the protected person is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a protected person under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If a protected person in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(5) Nothing in this paragraph precludes the undertaker 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 instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give, to the protected person in question, notice as soon as is reasonably practicable and a plan 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.

Expenses and costs

10

(1) Subject to the following provisions of this paragraph, the undertaker must repay to a protected person all expenses reasonably incurred by that protected person in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2), including any costs reasonably incurred in connection with the acquisition of rights under paragraph 7(3), and in watching and inspecting the execution of works under paragraph 9(2) and in making reasonable requirements under paragraph 9(3).

(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 situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 42 (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 protected person 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)—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.