The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

• (2) Subject to the provisions of this article in respect of land owned by Network Rail and required for the purposes of this Order all private rights of way are extinguished on the appropriation of the land for any of those purposes by Network Rail.

• (3) Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights or the imposition of restrictive or other covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive or other covenant—

• (a) as from the date of the acquisition of the right or the imposition of the restrictive or other covenant by Network Rail, whether compulsorily or by agreement; or

• (b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act in pursuance of the right or enforcement of the restrictive or other covenant,

whichever is the sooner.

• (4) Subject to the provisions of this article all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

• (5) Subject to paragraph (7), any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

• (6) This article does not apply in relation to any right of way to which section 271 (extinguishment of rights of statutory undertakers) or 272 (extinguishment of rights of electronic communications code network operators) of the 1990 Act[^f00070] or paragraph 2 of Schedule 18 (provisions relating to statutory undertakers etc.) applies.

• (7) Paragraphs (1), (2), (3) and (4) have effect subject to—

• (a) any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s appropriation of it, Network Rail’s entry onto it or Network Rail taking temporary possession of it that any or all of those paragraphs do not apply to any right of way specified in the notice; and

• (b) any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

• (8) If any such agreement as is mentioned in sub-paragraph (7)(b) which is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Time limit for exercise of powers of acquisition

40

• (1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

• (a) no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 27 (application of Part 1 of the 1965 Act); and

• (b) no declaration is to be executed under section 4 (execution of declaration) of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 28 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).

• (2) The powers conferred by article 34 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.

PART 4 — MISCELLANEOUS AND GENERAL

Defence to proceedings in respect of statutory nuisance

41

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisances) of the Environmental Protection Act 1990[^f00071] in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00072] of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to authorised works and that the nuisance is attributable to the carrying out of authorised works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61[^f00073] (prior consent for work on construction sites); or

• (b) that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.

• (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within section 79(1)(g) or (ga)[^f00074] of that Act where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b)[^f00075] of that Act, it is a defence to show that the nuisance—

• (a) is a consequence of the construction, operation or maintenance of the works authorised by this Order; and

• (b) cannot reasonably be avoided.

• (4) The provisions of this article do not affect the application to the authorised works of section 122 (statutory authority as a defence to actions in nuisance, etc.) of the Railways Act 1993[^f00076] or any rule of common law having similar effect.

Planning permission

42

Planning permission which is deemed by a direction under section 90(2A)[^f00077] (development with government authorisation) of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land of the purposes of that Act) of that Act.

Power to lop trees overhanging the authorised works

43

• (1) Network Rail may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or

• (b) from constituting a danger to passengers or other persons using the authorised works.

• (2) In exercising the powers conferred by paragraph (1), Network Rail must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Open space and exchange land

44

• (1) Network Rail will not under the powers of this Order take possession of any part of the special category land until Network Rail has taken possession of the exchange land.

• (2) Upon Network Rail taking possession of so much of the special category land as is required for the authorised works that land will be discharged from all rights, trusts and incidents to which it was previously subject.

• (3) Network Rail must lay out as replacement open space, before the end of the period of one year beginning with the date the authorised works are first brought into public use, the exchange land of which possession has been taken under paragraph (1).

• (4) As soon as Kirklees District Council has certified that the exchange land referred to in paragraph (3) has been laid out to its reasonable satisfaction as replacement open space that land will vest in Kirklees District Council subject to—

• (a) the like rights, trusts and incidents as attached to so much of the special category land of which possession has been taken under paragraph (1); and

• (b) such rights as may be required by Network Rail to carry out monitoring, remedial or maintenance works upon the exchange land for the benefit of the exchange land.

• (5) In this article—

• “the special category land” means the land described as open space on the plan entitled “Open Space Plans” attached to the deposited plans, which may be acquired compulsorily under this Order and for which exchange land is to be provided; and

• “the exchange land” means the land described as exchange land on the plan entitled “Open Space Plans” attached to the deposited plans.

Open space land

45

• (1) As from the date on which Network Rail enters onto the open space land under section 11(1) of the 1965 Act (powers of entry) or section 8[^f00078] of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting, and right to enter and take possession) the open space land will be discharged from all rights, trusts and incidents to which it was previously subject.

• (2) In this article “the open space land” means the land numbered 2-044, 7-042 and 8-005 in the district of Kirklees on the deposited plans and forming part of an open space within the meaning of section 19(1) of the 1981 Act which the Secretary of State has certified as not exceeding 209 square metres and that the giving in exchange of other land for the open space land is unnecessary for the purposes of section 19(1) of the 1981 Act.

Power to operate and use railway

46

• (1) Network Rail may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

• (2) Nothing in this Order, or in any enactment incorporated with or applied by this Order, affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993.

Disapplication of the 1887 Agreement

47

• (1) The provisions of the 1887 Agreement will on the day on which this Order comes into force cease to have effect.

• (2) In this article “the 1887 Agreement” means the agreement dated 14th November 1887 between (1) the London and North Western Railway Company (2) the Local Board of the District of Ravensthorpe in the County of York and (3) the Local Board of the District Thornhill in the County of York.

Obstruction of construction of authorised works

48

Any person who, without reasonable excuse—

• (a) obstructs any person acting under the authority of Network Rail in setting out the lines of the scheduled works or in constructing any authorised work; or

• (b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of Network Rail,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Traffic regulation

49

• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the street concerned is situated, which consent must not be unreasonably withheld, Network Rail, may, insofar as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance or operation of the authorised works—

• (a) revoke, amend or suspend in whole or in part any traffic regulation order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the parking, stopping, waiting, loading or unloading of vehicles on any road;

• (c) suspend or authorise the use as a parking place of any road;

• (d) restrict the speed of vehicles along any road;

• (e) make provision as to the direction or priority of vehicular traffic on any road; and

• (f) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by Network Rail.

• (2) The powers conferred by paragraph (1) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised works for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (1) may have effect both before and after the expiry of that period.

• (3) The powers conferred by paragraph (1) may only be exercised after Network Rail has consulted the chief officer of police and the traffic authority in whose area the road concerned before complying with provisions of paragraph (4).

• (4) Network Rail must not exercise the powers conferred by paragraph (1) unless it has—

• (a) given not less than—

• (i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

• (ii) 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the street is situated; and

• (b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of Network Rail’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of Network Rail’s intention in the case of sub-paragraph (a)(ii).

• (5) If within 28 days of receiving an application for consent under paragraph (1) a traffic authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that traffic authority is deemed to have granted consent.

• (6) Any prohibition, restriction or other provision made by Network Rail under paragraph (1)—

• (a) has effect as if duly made by, as the case may be—

• (i) the traffic authority in whose area the street is situated, as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the street is situated, as an order under section 32^f00079 of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

• (b) be deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004[^f00080] (road traffic contraventions subject to civil enforcement).

• (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by Network Rail from time to time by subsequent exercise of the powers conferred by paragraph (1) within a period of 24 months from the opening of the authorised works for public use.

• (8) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (9) The powers conferred on Network Rail by this article with respect to any road have effect subject to any agreement entered into by Network Rail with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Traffic signs

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• (1) Network Rail may, for the purposes of, or in connection with, the construction or operation of, the authorised works, place or maintain traffic signs on any street within the Order limits or which gives access to such a street, or on any street in connection with any instrument made under article 49 (traffic regulation) or any other street as reasonably required for conveying information to traffic.

• (2) Network Rail—

• (a) must consult with the traffic authority as to the placing of traffic signs; and

• (b) may subject to any directions given under section 65[^f00081] (powers and duties of traffic authorities as to placing of traffic signs) of the 1984 Act, enter into arrangements with the consent of the traffic authority for the traffic signs to be placed and maintained by the traffic authority, such consent not to be unreasonably withheld.

• (3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs includes a power to give directions to Network Rail as to traffic signs under this article; and the powers conferred by paragraph (1) are exercisable subject to and in conformity with any directions given under that section.

• (4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on any street referred to in paragraph (1) must consult with Network Rail as to the placing of any traffic signs which may affect the authorised works.

• (5) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Disclosure of confidential information

51

A person who—

• (a) enters a factory, workshop or workplace under the provisions of article 23 (protective works to buildings, roads and apparatus of a statutory undertaker) or article 24 (power to survey and investigate land); and

• (b) discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Statutory undertakers etc.

52

The provisions of Schedule 18 (provisions relating to statutory undertakers etc.) to this Order have effect.

Protection of interests

53

Schedule 19 (protective provisions) to this Order has effect.

Certification of plans etc.

54

Network Rail must, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plans and the deposited sections to the Secretary of State for certification that they are, respectively, true copies of the book of reference, the deposited plans and the deposited sections referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

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• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post; or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00082] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not be taken to exclude the employment of any method of service not expressly provided for by it.

No double recovery

56

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Arbitration

57

Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — SCHEDULED WORKS

In the County of West Yorkshire, District of Kirklees—

Work No. 1A - A railway (990 metres in length) partly in tunnel, on the course of the existing railway (Manchester to Dewsbury line) commencing at a point 300 metres south of the junction of Gledholt Bank with Greenhead Road and terminating at a point 85 metres north of the junction of Upperhead Row with George Street. Work No. 1A includes the lowering of track through Gledholt Tunnel and Huddersfield Tunnel.

Work No. 1B - A railway (1,001 metres in length) partly in tunnel, on the course of the existing railway (Manchester to Dewsbury line) commencing at a point 110 metres north of the junction of Gledholt Bank with Longroyd Place and terminating at a point 60 metres north-east of the junction of Upperhead Row with Half Moon Street. Work No. 1B includes the lowering of track through Gledholt Tunnel and Huddersfield Tunnel.

Work No. 1C - A railway (1,051 metres in length) partly in tunnel and partly on viaduct, on the course of the existing railway (Manchester to Dewsbury and Huddersfield to Dewsbury lines) commencing at a point 65 metres north-west of the junction of Half Moon Street with Sergeantson Street and terminating at a point 32 metres south of the junction of Willow Lane East with Alder Street. Work No. 1C includes the reconfiguration of Huddersfield Station and remedial and reconfiguration works to Huddersfield Viaduct MVL3 Underbridge 92.

Work No. 2 - A railway (2,196 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line) commencing at a point 35 metres south-east of the junction of Willow Lane East with Alder Street and terminating at a point 205 metres east of Peel’s Pit, MVL3 Underbridge 100. Work No.2 includes the infill of Peel’s Pit MVL3 Underbridge 100.

Work No. 2A - A railway (494 metres in length) forming a siding commencing at a point 25 metres east of the junction of Willow Lane East with Alder Street and terminating at a point 110 metres south-east of the junction of Alder Street with Abbey Road.

Work No. 2B - A railway (286 metres in length) forming a spur off the existing railway (Huddersfield to Dewsbury line) commencing at a point 180 metres east of the junction of Hammond Street with Abbey Road and terminating by a junction with the existing railway (Huddersfield to Dewsbury line) at a point 105 metres south of the junction of Aquamarine Drive with Topaz Close.

Work No. 2C - Reconstruction of Red Doles Road MVL3 Underbridge 96 carrying Red Doles Road under Work No.2 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 80 metres south of the junction of Aquamarine Drive with Jacinth Court and terminating at a point 15 metres south-east of its commencement.

Work No. 3 - Reconstruction of Field House MVL3 Overbridge 98 carrying Footpath HUD/42/10 over Work No.2 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 160 metres south-east of the junction of Footpath HUD/42/10 with Footpath HUD/39/10 and terminating at a point 25 metres south-east of its commencement.

Work No. 4 - Reconstruction of Ridings MVL3 Underbridge 99 carrying Footpath HUD/44/30 under Work No.2 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 23 metres south of the junction of Footpath HUD/44/20 with Footpath HUD/44/40 and terminating at a point 20 metres south of its commencement.

Work No. 5 - A railway (1,411 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line) commencing at a point 310 metres north-west of the junction of A62 Leeds Road with Ashgrove Road and terminating at a point 230 metres east of the junction of A62 Leeds Road with Station Road. Work No. 5 includes the reconstruction of Deighton Station.

Work No. 6 - Realignment of Whitacre Street (including a bridge over Work No.5 and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 195 metres south-west of the junction of that road with Deighton Road and terminating at a point 145 metres south-east of its commencement. Work No. 6 includes the demolition of the existing Whiteacre Street MVL3 Overbridge 101 carrying Whitacre Street over the existing railway (Huddersfield to Dewsbury line) and the infill of the existing stone arch of that bridge.

Work No. 7 - Realignment of A62 Leeds Road (including a bridge over Work No.5 and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 210 metres north-east of the junction of A62 Leeds Road with Whitacre Street and terminating at a point 75 metres east of the junction of Deighton Road with Glenfield Avenue. Work No. 7 includes the demolition of the existing A62 Leeds Road MVL3 Overbridge 102 carrying A62 Leeds Road over the existing railway (Huddersfield to Dewsbury line).

Work No. 8 - Reconstruction of Wheatley’s MVL3 Overbridge 103 carrying National Cycle Network Route 66 (Calder Valley Greenway) over Work No.5 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 135 metres south-east of the junction of A62 Leeds Road with Brooklands and terminating at a point 35 metres south-east of its commencement.

Work No. 9A - A railway (692 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 230 metres south-east of the junction of A62 Leeds Road with Station Road and terminating at a point 692 metres north-east of its commencement. Work No.9A includes reconfiguration works to Huddersfield Broad Canal MVL3 Underbridge 108 and Huddersfield Broad Canal MVL3 Underbridge 108S.

Work No. 9B - A railway (1,025 metres in length), partly on viaduct, commencing at a point 200 metres west of Heaton Lodge Sewage Works and terminating at a point 110 metres north-west of the junction of Helm Lane with Wood Lane.

Work No. 9C - A railway (1,107 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 195 metres west of Heaton Lodge Sewage Works and terminating at a point 55 metres south-west of the junction of Waterside Walk with Wood Lane.

Work No. 9D - A railway (655 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line) commencing at a point 110 metres north of the junction of Helm Lane with Wood Lane passing and terminating at a point 310 metres south of the junction of A644 Huddersfield Road with Stocks Bank Road.

Work No. 10 - Realignment of B6118 Colne Bridge Road (including a bridge over Work No.9A and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 160 metres south of the junction of A62 Leeds Road with Bradley Road and terminating at a point 165 metres south-east of its commencement. Work No. 10 includes the demolition of the existing B6118 Bridge Road MVL3 Overbridge 107 carrying B6118 Colne Bridge Road over the existing railway (Huddersfield to Dewsbury line) and the infill of existing spans 1 and 4 of that bridge.

Work No. 11 - Reconstruction of Parks MVL3 Overbridge 110 and MVL4 Overbridge 1 carrying an access road over Work No. 9B, Work No. 9C and the existing railway (Huddersfield to Dewsbury line) commencing at a point 145 metres east of the viaduct carrying the existing railway (Huddersfield to Dewsbury line) over the River Colne and terminating at a point 45 metres south-east of its commencement.

Work No. 11A - Diversion of a high-pressure gas main, commencing beneath a point 170 metres north-west of the junction of Helm Lane with Footpath KIR/240/10 and terminating beneath a point 115 metres south-east of its commencement.

Work No. 11B - Diversion of a high-pressure gas main, commencing beneath a point 210 metres west of the junction of Waterside Walk with Wood Lane and terminating beneath a point 45 metres south of its commencement.

Work No. 12 - Reconstruction of Heaton Lodge Footbridge MVL4 Footbridge 4 carrying Footpath KIR/240/10 over Work No.9C and the existing railway (Huddersfield to Dewsbury line) commencing at a point 215 metres west of the junction of Waterside Walk with Wood Lane and terminating at a point 30 metres south-east of its commencement.

Work No. 13 - Reconstruction of Helm Lane MVN2 Underbridge 188 carrying Footpath KIR/240/10 under Work No.9B and the existing railway (Huddersfield to Dewsbury line) commencing at a point 140 metres west of the junction of Waterside Walk with Wood Lane and terminating at a point 45 metres south of its commencement.

Work No. 14 - A railway (2,588 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 310 metres south of the junction of A644 Huddersfield Road with Stocks Bank Road and terminating at a point 295 metres south-east of the junction of Steanard Lane with Sands Lane. Work No. 14 includes the reconstruction of Mirfield Station.

Work No. 15 - A railway (3,048 metres in length) partly on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 295 metres south-east of the junction of Steanard Lane with Sands Lane and terminating at a point 65 metres south-east of the junction of A644 Huddersfield Road with Pinfold Hill. Work No. 15 includes a viaduct over the Calder and Hebble Navigation and the River Calder, the demolition of Ravensthorpe station, the construction of a station at Ravensthorpe, the reconfiguration of B6117 Fall Lane, Thornhill Road MDL1 Underbridge 9 and the infill of underbridges Occupation MDL1 Underbridge 10, Toad Holes MDL1 Underbridge 12 and Ming Hill MDL1 Underbridge 14.

Work No. 16 - A railway (550 metres in length) commencing at a point 190 metres south-west of Thornhill Power Station and terminating at a point 50 metres west of the bridge carrying the existing railway over the Calder and Hebble Navigation. Work No.16 includes the infill of Lees Hall Farm MVN2 Underbridge 204.

Work No. 17 - Realignment of Calder Road (including a bridge over Work No.15 and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 235 metres east of Thornhill Power Station and terminating at a point 270 metres south of its commencement. Work No. 17 includes the demolition of the existing Calder Road MVN2 Overbridge 202 carrying Calder Road over the existing railway (Huddersfield to Dewsbury line) and the demolition of Gas Pipe MVN2 Pipe Bridge 202A.

Work No. 17A - Realignment of Ravensthorpe Road commencing by a junction with Work No.17 at a point 260 metres south of the bridge carrying Calder Road over the River Calder and terminating at a point 185 metres east of its commencement.

Work No. 17B - An access road, commencing by a junction with Work No.17 at a point 110 metres south of the bridge carrying Calder Road over the River Calder and terminating at a point 55 metres south-east of that junction.

Work No. 18 - A diversion of a high pressure gas main commencing beneath a point 80 metres south-east of Thornhill Power Station and terminating beneath a point 85 metres south of its commencement.

Work No. 19 - Realignment of Fall Lane commencing at a point on that road 105 metres east of the junction of A644 Huddersfield Road with Temple Road and terminating by a junction with Work No.20 at a point 170 metres north of the junction of Thornhill Road with Tenter Fields.

Work No. 20 - Realignment of Thornhill Road commencing at a point on that road 165 metres south of the junction of Cemetery Road with Quarry Road and terminating at a point 70 metres south-east of its commencement.

Work No. 21 - A temporary bridge, carrying an temporary access road over the Calder and Hebble Navigation, commencing at a point 270 metres south-east of the bridge carrying the existing railway over the Calder & Hebble Navigation and terminating at a point 75 metres north-east of its commencement.

SCHEDULE 2 — ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which land may be acquired
County West Yorkshire, District of Kirklees	1-001 and 1-006	Provision of railway infrastructure
	2-002, 2-005, 2-006, 2-007 and 2-008	Provision of railway infrastructure
	2-011, 2-013, 2-019, 2-023, 2-034, 2-044 and 2-046	Provision of railway lighting and track drainage
	2-039, 2-042 and 2-048	Provision of railway infrastructure
	2-043	Railway electrification and ancillary railway works
	3-121 and 3-128	Provision of railway infrastructure
	3-145, 3-148, 3-149 and 3-158	Worksite and access for construction and maintenance compound
	6-004, 6-011, 6-013, 6-021, 6-022, 6-026, 6-029, 6-030, 6-032, 6-038, 6-041, 6-045, 6-047, 6-049, 6-051 and 6-055	Worksite and access for construction and ancillary railway works
	6-027	Worksite and access for construction, ancillary railway works and provision of highway access
	6-028, 6-044, 6-046 and 6-059	Worksite and access for construction, ancillary railway works and access to temporary platform
	6-058 and 7-001	Ancillary railway works and provision of temporary platform
	7-017	Embankment reprofiling works
	9-010 and 9-012	Worksite and access for construction and utility diversions
	9-017, 9-029, 9-033, 9-043, 9-047, 9-050 and 9-053	Railway strengthening and stabilisation works and utility diversions
	9-022, 9-023 and 9-025	Provision of Deighton Station forecourt and access works
	9-024, 9-027, 9-032, 9-034, 9-036, 9-038, 9-040, 9-045 and 9-049	Utility diversions
	9-057	Railway strengthening and stabilisation works, utility diversions and provision of vehicular turning areas
	10-025, 10-026 and 10-028	Track drainage and culvert works
	10-054, 10-058, 11-001, 11-005 and 11-006	Provision of railway infrastructure
	10-056	Provision of railway infrastructure and access for maintenance
	11-037	Utility diversions
	11-050, 11-053 and 11-054	Provision of railway infrastructure, access, for maintenance and utility diversions
	11-051	Provision of railway infrastructure and access for maintenance
	12-021, 12-029, 12-033, 12-035, 12-038, 12-040 and 12-042	Worksite and access for construction and provision of accommodation access
	12-030, 12-050 and 12-060	Diversion of overhead electric cables
	12-044 and 12-047	Worksite and access for construction, provision of accommodation access and diversion of overhead electric cables
	12-063 and 12-064	Provision of railway infrastructure
	13-075	Footpath diversion works
	13-092 and 14-003	Track drainage works
	14-006 and 15-016	Track drainage and culvert works
	16-034	Highway diversion works
	16-040, 16-049, 16-058, 16-060 and 17-004	Worksite and access for construction and maintenance compound
	16-043, 16-046, 16-047, 16-048 and 16-052	Provision of Mirfield Station forecourt and access works
	18-027	Provision of railway infrastructure and track drainage and culvert works
	19-025	Replacement open space and diversion of overhead electric cables
	19-026	Replacement open space and worksite and access for construction
	19-027	Highway diversion works and utility diversions
	19-030	Replacement open space, worksite and access for construction and diversion of overhead electric cables
	19-034 and 21-016a	Highway diversion works
	19-036, 20-013, 20-016, 21-031, 21-038, 21-039 and 21-043	Utility diversions
	19-037, 19-039 and 21-009	Provision of Ravensthorpe Station forecourt and access works
	21-083, 21-084, 21-089 and 21-091	Provision of railway infrastructure
	21-095 and 21-102	Diversion of overhead electric cables and access for maintenance
	21-096	Diversion of overhead electric cables
	21-101, 21-112 and 23-035	Provision of railway infrastructure and railway electrification works
	21-103 and 21-109	Provision of railway infrastructure
	21-113, 21-118, 21-120, 21-121, 22-002, 22-020 and 22-035	Utility diversions
	23-018, 23-019, 23-020, 23-025, 23-026, 23-038, 23-039, 23-041, 23-042 and 23-048	Provision of railway infrastructure
	23-035a, 24-004 and 24-005	Replacement open space and worksite and access for construction
	24-007	Provision of railway infrastructure
	25-003	Worksite and access for construction and maintenance compound
	25-017 and 25-023	Highway diversion works
	25-049, 25-056 and 25-067	Provision of accommodation access and construction access
	25-052, 25-054 and 25-055	Provision of railway infrastructure

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works
County of West Yorkshire, District of Kirklees	Cross Church Street Westgate New North Parade Henry Street John William Street A641 Northgate A641 Bradford Road Alder Street Red Doles Road Whitacre Street Glenfield Avenue Lilac Court A62 Leeds Road B6118 Colne Bridge Road Station Road Bridleway DEW/3/10 Calder Road Ravensthorpe Road Fall Lane B6117 Thornhill Road

SCHEDULE 4 — STREETS TO BE STOPPED UP

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
County of West Yorkshire, District of Kirklees	Footpath HUD/42/10	Between points P1 and P2 (on sheet 7)	Footpath between points P1, Work No. 3, P3, P2 and P3, P4, P5 and P2 (on sheet 7)
	National Cycle Network Route 69	Between points P1 (on sheet 8) and P8 (on sheet 9)	Cycleway between points P1 (on sheet 8) and P8 (on sheet 9)
	Whitacre Street	Between points P1 and P2 (on sheet 9)	P1, Work No. 6 and P2 (on sheet 9)
	A62 Leeds Road	Between points P6 and P7 (on sheet 9)	P6, Work No. 7 and P7 (on sheet 9)
	Footpath HUD/51/10	Between points P3 and P4 (on sheet 9)	Footpath between points P3 and P5 (on sheet 9)
	National Cycle Network Route 66 (Calder Valley Greenway)	Between points P1, P2 and P5 (on sheet 10)	Cycleway between points P1, P3 Work No. 8, P4 and P5 (on sheet 10)
	B6118 Colne Bridge Road	Between points P1 and P2 (on sheet 11)	P1, Work No. 10 and P2 (on sheet 11)
	Footpath KIR/240/10	Between points P1 and P2 (on sheet 13)	Footpath between points P1, Work No. 12, P3, P4, Work No. 13, P5 and P2 (on sheet 13)
	Bridleway DEW/3/10	Between points P1 (on sheet 19) and P2 (on sheet 21)	Bridleway between points P1, P3 (on sheet 19) and P6 (on sheet 21)
	Calder Road	Between points P1 and P3 (on sheet 21)	P1, Work No. 17 and P5 (on sheet 21)
	Ravensthorpe Road	Between P3 and P4 (on sheet 21)	P4, Work No. 17A and P5 (on sheet 21)
	Fall Lane	Between points P1 and P2 (on sheet 25)	P1, Work No. 19 and P3 (on sheet 25)
	Brooks Yard	Between points P6 and P7 (on sheet 25)	P6, Work No. 19, P8, P9 and P7 (on sheet 25)
	B6117 Thornhill Road	Between points P4 and P5 (on sheet 25)	P4, Work No. 20 and P5 (on sheet 25)

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
County of West Yorkshire, District of Kirklees	Ravensthorpe Station Access Road	Within Order limits (on sheet 21)

SCHEDULE 5 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
County of West Yorkshire, District of Kirklees	John William Street	Kerbline realignment and widening of road within Order limits (on sheet 3)
	The Junction of John William Street with Viaduct Street	Alterations to traffic island and junction layout within Order limits (on Sheet 3) to accommodate widening of John William Street
	Viaduct Street	Temporary alterations to access road and corresponding footways at point T11 (on sheet 4)
	Alder Street	Kerbline alterations to accommodate new access to Alder Street between points T1 and T2 (on sheet 6)
	Alder Street	Temporary kerbline realignment and widening of road between points T3 and T4 (on sheet 6)
	Lilac Court	Provision of turning head and corresponding kerbline realignment and widening of road within Order limits (on sheet 9)
	B6118 Bog Green Lane	Temporary kerbline alterations to accommodate temporary access to B6118 Bog Green Lane between points T1 and T2 (on sheet 12)
	Back Station Road	Temporary kerbline alterations to accommodate temporary access to Back Station Road between points T1 and T2 (on sheet 16)
	The Junction of Back Station Road with Station Road	Kerbline realignment and widening of road between points T3 and T4 (on sheet 16)
	Hopton New Road	Temporary kerbline alterations to accommodate temporary access to Hopton New Road between points T5 and T6 (on sheet 16)
	Calder Road	Alterations to the level of the carriageway of the street between points T1 and T2 (on sheet 21)

SCHEDULE 6 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of stopping up
County of West Yorkshire, District of Kirklees	Mark Street	Within Order limits (on sheet 2)
	Cross Church Street	Within Order limits (on sheet 2)
	School Lane	Within Order limits (on sheet 2)
	Longroyd Lane	Within Order limits (on sheet 2)
	Footpath HUD/327/10	Between points T1 and T2 (on sheet 2)
	Footpath HUD/328/10	Between points T2 and T3 (on sheet 2)
	Footpath HUD/328/20	Between points T3 and T4 (on sheet 2)
	Footpath HUD/329/10	Between points T4 and T5 (on sheet 2)
	Footpath HUD/327/20	Between points T3 and T6 (on sheet 2)
	Footpath HUD/328/30	Between points T2 and T7 (on sheet 2)
	Springwood Street	Within Order limits (on sheet 2)
	Springwood Avenue	Within Order limits (on sheet 2)
	Upper Head Row	Within Order limits (on sheet 3)
	Henry Street	Within Order limits (on sheet 3)
	New North Parade	Within Order limits (on sheet 3)
	Westgate	Within Order limits (on sheet 3)
	St George’s Street	Within Order limits and between points T1 and T2 (on sheet 3)
	St George’s Square	Within Order limits (on sheet 3)
	John William Street	Within Order limits (on sheets 3 and 4)
	Fitzwilliam Street	Between points T3 (on sheet 3) and T1 (on sheet 4)
	Viaduct Street	Between points T4 (on sheet 3) and T6 (on sheet 4) and within Order limits (on sheets 3 and 4)
	St. Johns Road	Within Order limits (on sheet 4)
	National Cycle Network Route 69	Within Order limits (on sheet 4)
	A62 Unna Way	Between points T2 and T3 (on sheet 4)
	A62 Castlegate	Between points T4 and T5 (on sheet 4)
	Green Street	Within Order limits (on sheet 4)
	Green Street	Between points T7 and T8 (on sheet 4)
	A641 Oxford Street	Between points T9 and T10 (on sheet 4)
	A641 Bradford Road	Within Order limits and between points T1 and T2 (on sheet 5)
	A641 Northgate	Within Order limits (on sheet 5)
	Lower Viaduct Street	Within Order limits (on sheet 5)
	Footpath HUD/338/10	Between points T3 and T4 (on sheet 5)
	Hillhouse Lane	Within Order limits (on sheet 6)
	Alder Street	Within Order limits (on sheet 6)
	Emerald Street	Within Order limits (on sheet 6)
	Flint Street	Within Order limits (on sheet 6)
	Red Doles Road	Within Order limits (on sheet 7)
	Byway HUD/58/10	Between points T1 and T2 (on sheet 7)
	Footpath HUD/57/10	Between points T2 and T3 (on sheet 7)
	Footpath HUD/42/10	Between points T4 and T5 (on sheet 7)
	Byway HUD/41/10	Within Order limits (on sheets 7 and 8)
	National Cycle Network Route 69	Within Order limits (on sheets 7, 8 and 9)
	Byway HUD/41/20	Within Order limits (on sheet 8)
	Footpath HUD/44/20	Between points T1 and T2 (sheet 8)
	Footpath HUD/44/30	Within Order limits (on sheet 8)
	Footpath HUD/44/40	Between points T2 and T3 (on sheet 8)
	Byway HUD/43/40	Within Order limits (on sheet 8)
	Byway HUD/43/50	Within Order limits (on sheet 8)
	Whitacre Street	Within Order limits (on sheet 9)
	Lilac Court	Within Order limits (on sheet 9)
	Glenfield Avenue	Within Order limits (on sheet 9)
	A62 Leeds Road	Within Order limits (on sheet 9)
	Footpath HUD/51/10	Between points T1 and P4 (on sheet 9)
	Neptune Way	Within Order limits (on sheet 9)
	Deighton Road	Within Order limits (on sheet 9)
	National Cycle Network Route 66 (Calder Valley Greenway)	Within Order limits (on sheet 10)
	Station Road	Within Order limits (on sheet 10)
	B6118 Colne Bridge Road	Within Order limits (on sheet 11)
	A62 Leeds Road	Within Order limits (on sheet 11)
	B6118 Bog Green Lane	Within Order limits (on sheets 11 and 12)
	National Cycle Network Route 66 (Calder Valley Greenway)	Within Order limits (on sheet 12)
	Footpath KIR/240/10	Within Order limits (on sheet 13)
	National Cycle Network Route 66 (Calder Valley Greenway)	Within Order limits (on sheets 14, 15 and 16)
	Bridleway KIR/251/10	Within Order limits (on sheets 14 and 15)
	Bridleway MIR/106/10	Within Order limits (on sheet 15)
	Calder View	Within Order limits (on sheet 15)
	Woodend Road	Within Order limits (on sheet 15)
	Chadwick Fold Lane	Within Order limits (on sheet 15)
	Back Station Road	Within Order limits (on sheet 16)
	Station Road	Within Order limits (on sheet 16)
	Hopton New Road	Within Order limits (on sheet 16)
	Lowlands Road	Within Order limits (on sheet 16)
	Hurst Lane	Within Order limits (on sheet 16)
	Footpath MIR/50/10	Between point T7 and T9 (on sheet 16)
	Footpath MIR/50/20	Between points T8 and T9 (on sheet 16)
	Steanard Lane	Within Order limits (on sheet 18)
	Sands Lane	Within Order limits (on sheet 18)
	Footpath MIR/75/10	Between points T1 (sheet 18) and T2 (sheet 19)
	Bridleway MIR/76/10	Within Order limits (sheets 18 and 19)
	Bridleway MIR/76/20	Within Order limits (on sheet 19)
	Bridleway DEW/1a/10	Within Order limits (on sheet 19)
	Bridleway DEW/1/10	Between points P1 and T3 (on sheet 19)
	Bridleway DEW/3/10	Between points P1 (on sheet 19) and P2 (on sheet 21)
	Bridleway DEW/8/30	Between points T1 and T2 (on sheet 20)
	Bridleway DEW/8/50	Between points T2 and T3 (on sheet 20)
	Bridleway DEW/12/20	Within Order limits (on sheet 20)
	Ouzelwell Lane	Within Order limits (on sheets 20 and 22)
	Bridleway DEW/12/10	Within Order limits (on sheet 20)
	Footpath DEW/5/20	Between points T4 and T5 (on sheet 20)
	Bridleway DEW/6/10	Within Order limits (on sheet 20)
	Bridleway DEW/6/20	Within Order limits (on sheet 20)
	Bridleway DEW/6/30	Within Order limits (on sheet 20)
	Footpath DEW/15/10	Between points T6 and T7 (on sheet 20)
	Bridleway DEW/6/50	Within Order limits (on sheets 20 and 22)
	Footpath DEW/16/10	Between points T8 (on sheet 20) and T2 (on sheet 22)
	Bridleway DEW/12/30	Within Order limits (on sheets 20 and 22)
	Ravensthorpe Station Access Road	Within Order limits (on sheet 21)
	Calder Road	Within Order limits (on sheet 21)
	Calder Road Industrial Estate Access Road	Within Order limits (on sheet 21)
	Ravensthorpe Road	Within Order limits (on sheets 21 and 22)
	Footpath DEW/155/10	Between points T3 (on sheet 21), T5 (on sheet 23) and T6 (on sheet 24)
	Footpath DEW/117/10	Between points T1 (on sheet 22) and T2 (on sheet 23)
	Bridleway DEW/12/40	Within Order limits (on sheet 22)
	Bridleway DEW/94/10	Between points T3 and T4 (on sheet 22)
	Bridleway DEW/16/60	Within Order limits (on sheet 22)
	Footpath DEW/116/20	Between points T8 and T9 (on sheet 23)
	Footpath DEW/116/30	Between points T7 and T8 (on sheet 23)
	National Cycle Network Route 69 (Calder Valley Greenway)	Within Order limits (on sheet 23)
	National Cycle Network Link Route 69 (Spen Valley Greenway)	Within Order limits (on sheet 23)
	Ravenswharfe Road	Within Order limits (on sheet 23)
	Footpath DEW/117/20	Between points T3 (on sheet 23) and T4 (on sheet 24)
	Footpath DEW/117/30	Between points T4 and T5 (on sheet 24)
	Footpath DEW/117/40	Between points T6 and T7 (on Sheet 24)
	Fall Lane	Between points T1 and T2 (on sheet 25) and within Order limits (on sheet 25)
	B6117 Thornhill Road	Within Order limits (on sheet 25)
	Fearnley Street	Within Order limits (on sheet 25)
	Brooks Yard	Within Order limits (on sheet 25)
	Calder Bank Road	Within Order limits (on sheet 25)
	Watergate Road	Within Order limits (on sheet 25)
	A638 Webster Hill	Within Order limits (on sheet 25)

SCHEDULE 7 — ACCESS TO WORKS

(1) Area	(2) Description of access
County of West Yorkshire, District of Kirklees	Cross Church Street
	Alder Street
	Whitacre Street
	B6118 Colne Bridge Road
	Wood Lane
	Wood Lane
	Station Road
	Hurst Lane
	Sands Lane
	Fall Lane
	Calder Bank Road

SCHEDULE 8 — ACCOMMODATION CROSSINGS

PART 1 — ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished	(4) Accommodation facility to be substituted
County of West Yorkshire, District of Kirklees	Parks (MVL4) Overbridge 1	Within the limits of deviation	Accommodation access and Work No. 11
	Parks (MVL3) Overbridge 110	Within the limits of deviation	Accommodation access and Work No. 11
	Occupation (MDL1) Underbridge 10	Within the limits of deviation	Accommodation access from Calder Bank Road

PART 2 — ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished
County of West Yorkshire, District of Kirklees	Span 4 of B6118 Bridge Road (MVL3) Overbridge 107	Within the limits of deviation
	Helm Lane (MVN2) Underbridge 188	Within the limits of deviation
	Lees Hall Farm (MVN2) Underbridge 204	Within the limits of deviation
	Toad Holes, Dewsbury (MDL1) Underbridge 12	Within the limits of deviation
	Ming Hill (MDL1) Underbridge 14	Within the limits of deviation

SCHEDULE 9 — LAND SUBJECT TO IMPOSITION OF RESTRICTIVE COVENANTS

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which restrictive covenants may be imposed
County of West Yorkshire, District of Kirklees	9-017, 9-029, 9-033, 9-043, 9-047, 9-050 and 9-053	Protection and maintenance of railway strengthening and stabilisation works
	9-131	Protection and maintenance of railway and railway electrical equipment

SCHEDULE 10 — ACQUISITION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS ONLY

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which rights may be acquired and restrictive covenants may be imposed
County of West Yorkshire, District of Kirklees	2-014, 2-015, 2-016 and 2-017	Provision of maintenance access for the authorised works
	3-091 and 3-091b	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection of the operation of the maintenance access
	3-091a	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection and maintenance of railway electrical equipment
	3-091c and 3-111	Provision of maintenance access for the authorised works
	3-147, 3-160, 4-012, 4-015, 4-020, 4-027, 4-041, 4-046, 4-049, 4-050, 4-055, 4-056, 4-061, 4-070, 4-072, 4-074, 4-084, 4-089, 4-094, 4-097, 4-101, 4-109, 4-112, 5-003a, 5-006a, 5-007, 5-014, 5-015, 5-021, 5-026, 5-030, 5-041, 5-042, 5-046, 5-053, 5-060, 5-066, 5-072, 5-078, 5-081, 5-084 and 5-090	Provision of maintenance access for the authorised works and attachment and maintenance of electrical equipment to the railway viaduct
	9-056 and 9-079	Provision of maintenance access for vehicle restraint barrier and fencing works
	9-135	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection and maintenance of railway and railway electrical equipment
	10-001, 10-002, 10-003, 10-034, 10-044, 10-046, 10-047 and 10-049	Provision of maintenance access for vehicle restraint barrier and fencing works
	10-010	Provision of maintenance access for the authorised works, vehicle restraint barrier works and fencing works and imposition of restrictive covenants for the protection and maintenance of railway and railway electrical equipment
	10-051, 10-052 and 10-055	Provision of construction access for the authorised works and provision of maintenance access for vehicle restraint barrier and fencing works
	10-063, 10-064 and 11-004	Provision of construction access for the authorised works and utility diversions and provision of maintenance access for vehicle restraint barrier and utility works
	11-007	Provision of maintenance access for vehicle restraint barrier and utility works
	11-014	Provision of construction and maintenance access for the authorised works
	11-065, 11-074, 12-007 and 12-010	Provision of maintenance access for the authorised works
	13-013	Provision for maintenance of track drainage works
	13-049	Provision for maintenance of the authorised works
	14-007	Provision of construction access for the authorised works
	15-003	Provision of construction and maintenance access for the authorised works
	15-006 and 15-007	Provision for maintenance of the authorised works
	15-011 and 15-013	Provision for construction and maintenance of the authorised works
	15-017	Provision of construction and maintenance access for the authorised works
	15-023, 15-024, 15-025, 15-027, 15-029, 15-030, 15-033, 15-036, 15-038, 15-041, 15-043, 16-002, 16-005, 16-006, 16-011, 16-014, 16-016, 18-011, 18-015, 18-018, 18-020 and 18-025	Provision of maintenance access for the authorised works and attachment and maintenance of electrical equipment to the railway viaduct
	15-031 and 16-031	Provision of maintenance access for the authorised works
	15-034	Provision of construction and maintenance access for the authorised works
	16-022	Provision of maintenance access for vehicle restraint barrier and fencing works
	16-059, 16-061, 16-063 and 16-064	Provision of construction and maintenance access for the authorised works
	18-030, 18-031, 18-033 and 18-037	Provision of maintenance access for the authorised works
	21-097, 21-098, 21-099, 21-100, 23-001, 23-002, 23-003, 23-005, 23-007, 23-008, 23-010, 23-013, 23-015, 23-016 and 23-017	Oversailing of electric cables
	23-051, 23-054, 23-058, 23-072, 24-006 and 24-008	Provision of maintenance access for the authorised works
	25-051	Provision of maintenance access for vehicle restraint barrier and fencing work

SCHEDULE 11 — IMPOSITION OF RESTRICTIVE COVENANTS ONLY

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which restrictive covenants may be imposed
Country of West Yorkshire, District Kirklees	3-084	Protection and maintenance of railway electrical equipment

SCHEDULE 12 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS OR IMPOSITION OF RESTRICTIVE COVENANTS

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 or 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 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

• (2) For section 5A(5A)[^f00083] (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enter on land for the purposes of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 12 to the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (“the 2022 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 to the 2022 Order) to acquire an interest in the land; and (c) the acquiring authority enter on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right or enforcing that covenant.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00084] has effect subject to the modifications set out in sub-paragraph (2).

• (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 5(3)—

• (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 27 (application of Part 1 of the 1965 Act) to the acquisition of land under article 26 (power to acquire land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant, under article 29(1), (2), (4) or (5) (power to acquire new rights), article 30 (power to acquire ground anchor rights) and article 31 (power to acquire subsoil and imposition of restrictive covenants)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be 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 restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

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

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard must 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 imposition of the restrictive 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.

• (4) 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.

• (5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 27), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12[^f00085] (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00086] (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 or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 27(7) 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.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting the whole or part of a house, building or factory. (2) But see articles 30(3) (power to acquire ground anchor rights), 31(4) (power to acquire subsoil and imposition of restrictive covenants) and 32(4) (power to acquire subsoil or airspace only) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022, which exclude acquisition with respect to the acquisition of ground anchor rights and imposition of restrictive covenants only, the acquisition of subsoil and imposition of restrictive covenants only and the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 13 — POWER TO ACQUIRE GROUND ANCHOR RIGHTS

(1) Area	(2) Number of land shown on the deposited plans
County West Yorkshire District of Kirklees	9-015, 9-016, 9-018, 9-020, 9-021, 9-031, 9-035, 9-039, 9-054, 9-059, 9-061, 9-062, 9-065, 9-067, 9-068, 9-069, 9-070, 9-071, 9-072, 9-073, 9-074, 9-075, 9-076, 9-078, 18-028 and 18-038

SCHEDULE 14 — ACQUISITION OF SUBSOIL

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose of acquisition
County of West Yorkshire, District of Kirklees	3-028, 3-029, 3-030, 3-031, 3-034, 3-036, 3-040, 3-041, 3-043, 3-045, 3-047, 3-049, 3-052, 3-056, 3-058, 3-060, 3-064, 3-067, 3-068, 3-071, 3-072, 3-073, 3-076, 3-081, 3-082, 3-085, 3-086, 3-089, 3-095, 3-099, 3-100, 3-105, 3-106 and 3-107	Railway strengthening and stabilisation works

SCHEDULE 15 — LAND OF WHICH ONLY SUBSOIL MAY BE ACQUIRED

(1) Area

(2) Number of land shown on the deposited plans

County West Yorkshire, District of Kirklees

2-009a, 2-010a, 2-021, 2-022, 2-024, 2-030, 2-036, 2-037, 2-038, 2-038b, 2-040, 2-040b, 2-041, 2-045, 2-049, 2-050, 2-051, 2-052, 2-053, 2-054, 2-055, 2-056, 2-057, 2-058, 2-059, 2-060, 2-061, 2-062, 2-063, 2-064, 2-065, 2-066, 2-067, 2-068, 2-069, 2-070, 2-071, 2-072, 2-073, 2-074, 2-075, 2-076, 2-077, 2-078, 2-079, 2-080, 2-081, 2-082, 2-083, 2-084, 2-085,02-086, 2-087, 2-088, 2-089, 2-090, 2-091, 2-092, 2-093, 2-094, 2-095, 2-096, 2-097, 2-098, 2-099, 2-100, 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-111, 2-112, 2-113, 2-114, 2-116, 2-117, 2-118, 2-119, 2-120, 2-121, 2-122, 2-123, 2-124, 2-125, 2-126, 2-127, 2-128, 2-129, 2-131, 2-132, 2-133, 2-134, 2-135, 2-136, 2-137, 2-138, 2-139, 2-140, 2-141, 2-142, 2-143, 3-001, 3-002, 3-003, 3-004, 3-005, 3-006, 3-007, 3-008, 3-009, 3-010, 3-011, 3-012, 3-013, 3-014, 3-015, 3-016, 3-017, 3-018, 3-019, 3-020, 3-021, 3-022, 3-023, 3-024, 3-025, 3-026, 3-027, 3-032, 3-033, 3-035, 3-044, 3-046, 3-050, 3-077, 3-080, 3-083, 3-087, 3-088, 3-092, 3-096, 3-098, 3-101, 3-102, 3-103 and 3-104

SCHEDULE 16 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN