The Network Rail (Essex and Others Level Crossing Reduction) Order 2022

Made: 9th June 2022

Coming into force: 30th June 2022

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 2 to 5, 7, 8, 10, 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the Network Rail (Essex and Others Level Crossing Reduction) Order 2022 and comes into force on 30th June 2022.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00003];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00004];

• “the 1980 Act” means the Highways Act 1980[^f00005];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00006];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00007];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00008];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00009];

• “the 2003 Act” means the Communications Act 2003[^f00010];

• “address” includes any number or address used for the purposes of electronic transmission;

• “authorised works” means the works authorised by the Order;

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

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

• “building” includes any structure or erection or any part of a building, structure or erection;

• “byway open to all traffic” has the same meaning as in section 66(1) (interpretation of Part 3) of the Wildlife and Countryside Act 1981[^f00011];

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

• “cycle track” has the same meaning as in section 329(1)[^f00012] (further provisions as to interpretation) of the 1980 Act;

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

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

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form, and in this definition “electronic communications network” has the same meaning as in section 32(1)[^f00013] (meaning of electronic communications and networks and services) of the 2003 Act;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “highway authority” has the same meaning as in the 1980 Act;

• “limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;

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

• “Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London NW1 2DN;

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

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00014];

• “restricted byway” has the same meaning as in the 1980 Act;

• “scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;

• “statutory undertaker” means— any person who is a statutory undertaker for the purposes of the 1990 Act; and any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the 2003 Act;

• “street” includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; and

• “the tribunal” means the Lands Chamber of the Upper Tribunal.

• (2) All distances, directions and lengths referred to in this Order are approximate and are taken to be measured between the points shown on the deposited plans.

• (3) References in this Order to points identified by letters and numbers are construed as references to points so shown on the deposited plans.

• (4) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace over its surface.

• (5) References in this Order to numbered plots are references to plot numbers as shown on the deposited plans.

Application of the 1991 Act

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• (1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major transport works if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

• (b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64[^f00015] (dual carriageways and roundabouts) of the 1980 Act.

• (2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the carrying out of street works) and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by Network Rail under the powers conferred by article 9 (temporary stopping up of streets) and the carrying out of works under article 8 (power to execute street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

• (3) The provisions of the 1991 Act[^f00016] referred to in paragraph (2) are—

• section 59[^f00017] (general duty of street authority to co-ordinate works);

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

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

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

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

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

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

• (4) Nothing in article 10 (construction and maintenance of new or altered streets)—

• (a) prejudices the operation of section 87 (prospectively maintainable highways) of the 1991 Act; and Network Rail is not, by reason of any duty under that article to maintain a street, to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or

• (b) has effect in relation to street works with regard to which the provisions of Part 3 of the 1991 Act apply.

Disapplication of legislative provisions

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• (1) The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

• (a) regulation 12(1)(a) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00018] in relation to the carrying out of a relevant flood risk activity;

• (b) section 23 (prohibition on obstacles etc. in watercourses) of the Land Drainage Act 1991[^f00019];

• (c) the provisions of any byelaws made under, or having effect as if made under, section 66[^f00020] (powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works; and

• (d) the Neighbourhood Planning Act 2017[^f00021] in so far as it relates to temporary occupation of land under articles 21 (temporary use of land for construction of works) and 22 (temporary use of land for maintenance of works).

• (2) On completion of the relevant authorised works—

• (a) section 10 of the London, Tilbury and Southend Extension Railway Act 1852[^f00022] is disapplied as it relates to level crossings at—

• (i) Ferry in the Borough of Castle Point, County of Essex;

• (ii) No. 131 in Thurrock; and

• (iii) Howells Farm in Thurrock; and

• (b) the Railtrack Long Green Level Crossing Order 1997; and

• (c) the Network Rail Johnsons Level Crossing Order 2003,

are revoked.

PART 2 — CROSSINGS

Power to construct and maintain works

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

• (2) Subject to article 6 (power to deviate) the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

• (3) Subject to paragraph (5), Network Rail may construct and maintain within the Order limits such works as are required—

• (a) to provide the public rights of way to the extent specified in column (4) of Part 1 of Schedule 2 (closure of level crossings);

• (b) in connection with the extinguishment of the rights of way specified in column (3) in Parts 1 and 2 of Schedule 2;

• (c) to provide the private rights of access to the extent specified in column (1) of Schedule 3 (land in which private rights of access may be acquired); and

• (d) in connection with the redesignation of highways specified in columns (3) and (4) and to the extent specified in column (2) of Schedule 4 (redesignation of highways);

including—

• (e) works to lay out footpaths, footways, bridleways and cycle tracks, including any surfacing, fencing, stiles, gates, signs, ramps, steps, other means of access, and mounting blocks;

• (f) works or other operations, for the purposes of drainage and flood prevention, including embankments, including ground reprofiling and culverts;

• (g) works or other operations to level or stabilise the condition of any land, including ground reprofiling and embankments;

• (h) works to install or alter the position of apparatus, including mains, sewers, drains and cables;

• (i) works in the highway including provision of benches and handrails, provision of alteration to or removal of lighting, bollards and other traffic restraint systems, signage and signalling and installation of road side equipment,

or other conveniences as may be necessary or expedient for the purposes of the provision of or extinguishment of the rights of way or redesignation of highways.

• (4) Subject to paragraph (5), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works and authorised works described in paragraph (3).

• (5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

• (a) land specified in columns (1) and (2) of Schedule 5 (land in which only new rights etc., may be acquired) for the purposes specified in column (3) of that Schedule; or

• (b) land specified in columns (1) and (2) of Schedule 6 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule.

• (6) Network Rail may, within the Order limits—

• (a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and

• (b) carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph).

Power to deviate

6

In constructing or maintaining any of the scheduled works, Network Rail may—

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

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

• (i) to any extent upwards not exceeding 3 metres; or

• (ii) to any extent downwards as may be found to be necessary or convenient.

Power to alter layout etc. of streets

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• (1) Network Rail may for the purposes of the authorised works alter the layout of, or carry out any works in, the street specified in columns (1) and (2) of Schedule 7 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3) of that Schedule.

• (2) Without limitation on the scope of the specific powers conferred by paragraph (1) but subject to paragraph (3), Network Rail may, for the purposes of constructing and maintaining any authorised work, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of that power, Network Rail may—

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

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

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

• (d) provide pedestrian refuges.

• (3) Network Rail must restore to the reasonable satisfaction of the street authority any street which has been temporarily altered under this article.

• (4) The powers conferred by paragraph (2) are not to be exercised without the consent of the street authority, but such consent must not be unreasonably withheld.

• (5) If within 28 days of receiving an application for consent under paragraph (4) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent.

Power to execute street works

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• (1) Network Rail may, for the purposes of the authorised works, enter on any of the streets specified in Schedule 8 (streets subject to street works) as are within the Order limits to the extent necessary and may—

• (a) break up or open the street, or any sewer, drain or tunnel under it;

• (b) place apparatus in the street;

• (c) maintain apparatus in the street or change its position; and

• (d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).

• (2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

Temporary stopping up of streets

9

• (1) Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—

• (a) divert the traffic from the street; and

• (b) subject to paragraph (3), prevent all persons from passing along the street.

• (2) Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article within the Order limits as a temporary working site.

• (3) Network Rail must provide reasonable access for pedestrians going to or from premises abutting on a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

• (4) Without limitation on the scope of paragraph (1), Network Rail may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of Schedule 9 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.

• (5) Network Rail must not exercise the powers conferred by this article—

• (a) in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and

• (b) in relation to any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld.

• (6) Any person who suffers loss by the 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.

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

Construction and maintenance of new or altered streets

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• (1) This article applies to streets which are not a byway open to all traffic, restricted byway, bridleway or footpath.

• (2) Where a street is altered or diverted under this Order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed with the street authority, be maintained by and at the expense of Network Rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the street authority.