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The Nottingham Express Transit System Order 2009

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SCHEDULES

Articles 2(1) and 5

SCHEDULE 1E+WSCHEDULED WORKS

Commencement Information

I1Sch. 1 in force at 9.6.2009, see art. 1

(1)(2)
Number of WorkDescription of Work
In the County of Nottinghamshire
Work No.1A tramroad 2,219 metres in length (double line), commencing 120 metres east of Toton Lane and running east across open land, crossing Inham Road, continuing east and running in parallel to Eskdale Drive, crossing Bramcote Lane and terminating at Cator Lane.
Work No.1ADiversion and culverting of an existing open watercourse 457 metres in length between Inham Nook Recreation Ground and Bramcote Lane.
Work No.1BA new footpath/cycle track 412 metres in length between Bramcote Lane and Cator Lane.
Work No.1CDiversion of a combined sewer 417 metres in length between Bramcote Lane and Cator Lane.
Work No.2A tramroad 652 metres in length (double line), commencing at the termination of Work No.1 and running east along an existing access track, turning south-east at Richmond Court and finally north-east to terminate at an access junction for Castle College (Broxstowe campus).
Work No.2ADiversion of an existing culverted watercourse 266 metres in length between Cator Lane and Richmond Court.
Work No.2BDiversion of an existing culverted watercourse 55 metres in length between Richmond Court and property number 51 Gwenbrook Avenue.
Work No.2CDiversion of an existing culverted watercourse 103 metres in length between Castle College (Broxtowe campus) and High Road.
Work No.3A tramway/tramroad 1,998 metres in length (double line), commencing at the termination of Work No.2 and running north-east within the carriageway of High Road/Chilwell Road, turning south-east to run through the area currently occupied by the properties on the south-western side of The Square and along Styring Street, then turning north-east to run within the carriageway of Middle Street, Fletcher Road and Lower Road, terminating at the junction of Lower Road and Queen’s Road East.
Work No.3AA new highway 28 metres in length between Factory Lane and Wilmot Lane to provide access between Factory Lane and Wilmot Lane.
Work No.3BA new highway 102 metres in length between Foster Avenue and Wollaton Road to provide access between Foster Avenue and Wollaton Road.
In the City of Nottingham
Work No.4A tramroad 941 metres in length (double line), commencing at the termination of Work No.3 and running to the immediate south of University Boulevard and terminating 315 metres south-west of the junction of University Boulevard and East Drive.
Work No.5A tramroad 831 metres in length (double line), commencing at the termination of Work No.4 and running along the south side of University Boulevard, turning north-west at the junction between University Boulevard and East Drive and then north-east to run immediately south of a diverted Science Road and finally terminating at the centre of Clifton Boulevard. This work also includes new bridge works across the north-west bound carriageway of Clifton Boulevard (overall length 115 metres with various span clearances) and lengthening of Tottle Brook culvert (length 12 metres, span clearance 7 metres) on which the tramroad will be supported.
Work No.5ADiversion of University Boulevard/Beeston Road 300 metres in length from the Tottle Brook culvert to a point adjacent to property No. 117 Beeston Road.
Work No.5BDiversion of Science Road 303 metres in length from a point 30 metres north-east of the East Drive highway boundary to a point 16 metres south-west of the centre of Clifton Boulevard.
Work No.6A tramroad 438 metres in length (double line), commencing at the termination of Work No.5 and running in a north-easterly direction on an elevated structure over the south-east bound carriageway of Clifton Boulevard and the River Leen, turning east and terminating at ground level at a point 15 metres south-west of the Abbey Street highway boundary. This work includes the new bridge works over Clifton Boulevard, West Road, East Road and the River Leen (overall length 332 metres with various span clearances) on which the tramroad will be supported.
Work No.6AA new footway 278 metres in length running alongside NET on the elevated structure (Work No.6) between a point 15m south-west of the Clifton Boulevard highway boundary and the southern fa 9 231 ade of Queen’s Medical Centre South Block. This work includes access stairs and lift at the commencement point and also 20 metres from the termination point.
Work No.7A tramway/tramroad 668 metres in length (double line), commencing at the termination of Work No.6 and running north-east along Abbey Street, turning east to run within the carriageway of Gregory Street and Lenton Lane, leaving the highway at the Easter Park access road and terminating 90 metres west of the existing railway at Lenton South Junction. This work includes the removal and replacement of an existing bridge deck over Nottingham Beeston Canal (Claytons Bridge) on which the tramroad will be supported.
Work No.8A tramway/tramroad 845 metres in length (double line), commencing at the termination of Work No.7 and running east on an embankment and retained structures, crossing the heavy rail lines, ramping down to existing ground level at the NG2; site and running along the NG2; site spine road and terminating at the junction of King’s Meadow Road and Queen’s Drive. This work includes new bridge works over the existing railway at Lenton South Junction (45 metre span) with new embankment approaches on which the tramroad will be supported.
Work No.9A tramway 1,008 metres in length (double line), commencing at the termination of Work No.8 and running within the carriageway of Meadows Way, turning north, then principally east and terminating 20 metres east of the junction of Meadows Way and Sheriffs Way.
Work No.10A tramway/tramroad 492 metres in length (double line), commencing at the termination of Work No.9 and running along Meadows Way and across a realigned Arkwight Street. This work continues turning north at the junction between Arkwright Street and Meadows Way and running on elevated structures to terminate at the existing Nottingham Express Transit Line One terminus north of Station Street. Incorporating at Arkwright Street provision for junctions to be added for future lines. This work includes new bridge works over Tinker’s Leen, Queens Road, Nottingham Station and Station Street (overall length 192 metres, with various span clearances) on which the tramroad will be supported.
Work No.10AA new pedestrian link bridge 45 metres in length between Work No.10 at the southern end of Nottingham Express Transit stop (“Nottingham Station”) and Nottingham Station. This work also includes access stairs and lifts at the commencement point.
Work No.10BA new pedestrian link 148 metres in length running alongside Work No.10 on the proposed viaduct structures between Nottingham Express Transit stop (“Nottingham Station”) and the existing Nottingham Express Transit Line One terminus adjacent to Trent Street. This work also includes new bridge works to link Work No.10 structures to the existing Nottingham Express Transit Line One connection onto the Nottingham Station footbridge to the east (length 10 metres, with various span clearances).
Work No.11A tramroad 841 metres in length (double line), commencing at the termination of Work No.9 and running south-west along Queen’s Walk and terminating on the north approach spans of Wilford Toll Bridge at a point 26 metres south of the Victoria Embankment roundabout. This work also includes new works to infill the existing pedestrian underpass of Robin Hood Way.
Work No.11AA new cycleway 811 metres in length commencing at the junction of Meadows Way and Sheriffs Way and terminating to the immediate south of the Victoria Embankment roundabout at the northern end of Wilford Toll Bridge.
Work No.11BA new footway 633 metres in length commencing at a point 35 metres south of the junction of Meadows Way and Sheriffs Way and terminating at a point 40 metres north-east of the junction of Sweet Leys Road and Queen’s Walk.
Work No.11CA new footpath 38 metres in length between Robin Hood Way and Queen’s Walk, including a connection to Riverside Way.
Work No.11DA new highway 16 metres in length between Robin Hood Way and Riverside Way to provide access between Robin Hood Way and Riverside Way.
Work No.11EA new highway 16 metres in length between Robin Hood Way and Riverside Way to provide access between Robin Hood Way and Riverside Way.
Work No.12A tramway/tramroad 532 metres in length (double line), commencing at the termination of Work No.11 and running south over the River Trent, along Main Road, turning south-east to run alongside Coronation Avenue and terminating on the western side of the disused railway embankment. This work also includes new bridge works at Wilford Toll Bridge over the River Trent (overall length 86 metres with existing span clearances) on which the tramway will be supported.
Work No.12ADiverted footway/cycleway 441 metres in length commencing at the termination of Work No.11A and running south over Wilford Toll Bridge (Work No.12), turning south-east and south to terminate at Coronation Avenue at a point 57 metres from the junction of Coronation Avenue and Main Road.
In the County of Nottinghamshire
Work No.13A tramroad 1,006 metres in length (double line), commencing at the termination of Work No.12 and turning south to run alongside the eastern edge of the disused railway embankment before moving west to run on the disused railway embankment at a lowered height 240 metres north of Wilford Lane and terminating on the highway boundary, to the south side of Wilford Lane.
Work No.13AA new footpath 920 metres in length running alongside Work No.13 between the southern highway boundary of Coronation Avenue and the northern highway boundary of Wilford Lane.
Work No.14A tramroad 1,489 metres in length (double line), commencing at the termination of Work No.13 and running south along the disused railway corridor, passing beneath the Clifton Boulevard via an existing bridge and terminating 66 metres south-west of Clifton Boulevard.
Work No.14AA new footpath 1,263 metres in length commencing at Wilford Lane, running alongside Work No.14 and terminating at Ruddington Lane.
In the City of Nottingham and the County of Nottinghamshire
Work No.14BA new footpath 183 metres in length running south-east between Kynance Gardens and Work No.14 at the south-east corner of playing fields.
Work No.14CRealignment and lowering of Ruddington Lane 232 metres in length commencing at the junction of Fieldway and Ruddington Lane, terminating at a point 52 metres south-east of the access to Nottingham South and Wilford Industrial Estate.
Work No.14DA new footpath 515 metres in length commencing at Ruddington Lane and running alongside Work No.14 under Clifton Boulevard, turning west and terminating on The Downs to the south-west of property No. 113.
Work No.14EDiversion of an existing water main 184 metres in length commencing at a point 25 metres north-west of the Ruddington Lane and Landmere Lane junction, and terminating at a point 7 metres south-east of property No. 77 The Downs.
In the City of Nottingham
Work No.15A tramroad 687 metres in length (double line), commencing at the termination of Work No.14 and running west across open land, terminating at Farnborough Road. This work also includes new bridge works over Fairham Brook (overall length 63 metres with 20 metre span clearances) on which the tramroad will be supported.
Work No.15AA new footpath 313 metres in length commencing at a point on Work No.14D (chainage 478 metres), crossing Fairham Brook adjacent to Work No.15 and terminating at Silverdale Walk.
Work No.16A tramway 1,328 metres in length (double line), commencing at the termination of Work No.15 and running within the carriageway of Farnborough Road and Southchurch Drive and terminating adjacent to The Peacock Public House at a point 50 metres south of the Southchurch Drive and Green Lane junction.
Work No.16AA new access road 61 metres in length between Farnborough Road (north) and Southchurch Drive to provide access to Saint Francis Church between Farnborough Road (north) and Southchurch Drive.
Work No.16BA new access road 189 metres in length between Farnborough Road (north) and Clifton Community Centre.
Work No.16CA new cycleway 622 metres in length commencing 29 metres south-west of Rivergreen, running to the east of Southchurch Drive and terminating at Green Lane.
Work No.17A tramway/tramroad 1,331 metres in length (double line), commencing at the termination of Work No.16 and running south within the carriageway of Southchurch Drive, turning west to run within the carriageway of Farnborough Road and then across open land to terminate at a point 76 metres west of Nottingham Road.
Work No.17AA new footpath/cycle track 83 metres in length between Nottingham Road and the Clifton Park and Ride site to the west of Nottingham Road.
Work No.17BA new footpath 27 metres in length between an existing footpath from Barbury Drive and Nottingham Road.
In the County of Nottinghamshire
Work No.18A tramroad 110 metres in length (double line), commencing at the termination of Work No.17, running through the Clifton NET Park and Ride site and terminating at a point 130 metres west of Nottingham Road.
Work No.18AA new footpath/cycle track 121 metres in length between Nottingham Road and the Clifton NET Park and Ride site (Work No.18).
Work No.18BA new highway 540 metres in length between the Clifton NET Park and Ride site (Work No.18) and the A453 Barton Lane to provide access between the Clifton Park and Ride site and the A453 Barton Lane.

Articles 2(1), 5 and 29

SCHEDULE 2E+WADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

Commencement Information

I2Sch. 2 in force at 9.6.2009, see art. 1

(1)(2)(3)
LocationNumber of land shown on works and land plansPurpose for which land may be acquired
In the County of Nottinghamshire
Toton Lane3Highway widening works.
Toton Lane4, 6 & 7Highway widening works, diversion of public bridleway and Park & Ride site including new access and associated works. Construction compound.
Toton Lane9, 10, 11 & 12Diversion of public bridleway.
Toton Lane/Inham Road14 & 20Replacement Open Space and sub-station.
Sandby Court57, 58, 59, 60 & 61Realign highway access.
Bramcote Lane65Highway widening works.
Cator Lane74 & 75Realign highway access.
Cator Lane/High Road103, 109, 110, 115, 122, 128, 129, 131 & 132Diversion of culverted watercourse and OHLE fixings.
Gwenbrook Avenue118 & 119Demolish property (Nos. 35 and 37 Gwenbrook Avenue) and landscaping works.
High Road154Demolish property (No.38 High Road).
High Road/Chilwell Road172, 173, 175, 176, 177, 178, 188, 190, 192, 194, 196, 198, 200, 202, 204 & 206Demolish property (Odd Nos. 75 9 231 150 93 Chilwell Road) and new highway works (Un-named street to Wilmot Lane), including on-street parking. Construction compound.
Chilwell Road210, 211, 212, 213, 214 & 215Demolish property (Odd Nos. 63 9 231 150 150 73 Chilwell Road) and landscaping works. Construction compound.
Un-named access adjacent to Chilwell Road Methodist Church248, 250, 251, 252 & 253Demolish property (No.21a Chilwell Road) and construct new car park. Construction compound.
Middle Street/Church Street256Highway works.
Chilwell Road/Devonshire Avenue261Highway widening works.
Foster Avenue/Wollaton Road266, 267, 268, 269, 270, 272, 273, 274 & 276New highway works (Foster Avenue to Wollaton Road), including on-street parking.
Middle Street/Hallam Road305 & 305AHighway widening works.
Middle Street/Station Road319, 320, 321 & 323Highway widening works.
Middle Street339 & 341Highway widening works.
Fletcher Road432, 433, 434, 435, 436, 457, 458, 459 & 460Demolish property (Block Nos. 1-27 Neville Sadler Court and No.51 Fletcher Road).
Queen’s Road East504, 507, 508, 509 & 510Highway widening works, including a bus lay-by.
In the City of Nottingham
University Boulevard519Landscaping works.
Un-named access road to Highfields Science Park547Highway widening works.
Beeston Road559A & 560AHighway widening works.
Science Road581Landscaping works.
Science Road588 & 597Highway realignment works including on-street parking.
Science Road592, 593, 596 & 599Construct new car park and construction compound.
South Road (QMC site)610 & 620Demolish and reconstruct the QMC link bridge.
Abbey Street630Highway widening works.
Gregory Street643Demolish property (No.30 Gregory Street), landscaping works and accommodation works for the benefit of neighbouring land affected by the authorised works.
Abbey Bridge653, 656 & 660Highway widening works.
Lenton Lane697, 702, 703 & 706Highway widening works and realign highway access, including associated earthworks.
Lenton Lane694Sub station access.
Adjacent Kings Meadow Nature Reserve726, 727 & 728Open Space Exchange Land.
Meadows Way770Highway widening works, including parking bays.
Crocus Street832Highway widening works, including a turning head.
Crocus Street/Crocus Place857, 859, 860, 863 & 864Demolish property (Station House (part) and Nos. 6-7 Crocus Place), new highway access and construction compound.
Crocus Place/Arkwright Street814, 815, 816, 818, 819, 822, 823, 824, 829, 835, 836, 838, 839, 840, 841 ,842, 843, 844, 845, 846, 847, 849, 850, 851, 852, 853 & 854Demolish property (Nos. 3A-27 Arkwright Street and units 1-4 Crocus Place) for construction compound.
Queens Road877Construct link bridge to Nottingham Midland Station.
Sheriffs Way926Highway widening works.
Queen’s Walk932 & 935Highway widening works, including realigned cycleway and footway.
Queen’s Walk/Sweet Leys Road950Highway widening works.
Main Road990Realign highway access.
Main Road/Coronation Avenue991Remodel flood protection bund.
Main Road/Coronation Avenue993, 994 & 995Construct new car park.
In the County of Nottinghamshire
Wilford Lane1027Highway widening works, including bus lay-bys.
In the City of Nottingham
Ruddington Lane1087 & 1091Highway realignment works with associated earthworks.
In the County of Nottinghamshire
Ruddington Lane1103, 1104, 1105 & 1111Highway realignment works with associated earthworks.
Ruddington Lane1127, 1128, 1129, 1130, 1131, 1135, 1136, 1137 & 1139Diversion of water main.
In the City of Nottingham
Agricultural land to the south of The Downs1140, 1141, 1143, 1144, 1145 & 1148Replacement Open Space, new footpath works (Ruddington Lane to The Downs to Silverdale Walk) and construction compound.
Farnborough Road1172Construct new car park access road.
Farnborough Road/ Southchurch Drive1179Construct new car park access road.
Southchurch Drive1199Sub-station.
Nottingham Road1322Sub-station and landscaping works.
In the County of Nottinghamshire
Nottingham Road/Barton Lane1326 & 1327Highway widening works and Park & Ride site, including link road, new access and associated works. Construction compound.
Barton Lane1336Highway widening works.
In the City of Nottingham
Barton Lane1329 & 1330Link road to Park & Ride site, including new access and associated works.
Barton Lane1332, 1333 & 1334Highway widening works.
In the County of Nottinghamshire
Queen’s Road1345, 1346, 1347 & 1348Highway widening works.

Article 8

SCHEDULE 3E+WSTREETS SUBJECT TO ALTERATION OF LAYOUT

Key to Schedule 3

RSRealignment of street
WSWidening of street by setting back of kerb line
NSNarrowing of street by setting forward of kerb line
NPCreation of new way
PBCreation of parking or servicing bay
NETNottingham Express Transit

PART 1E+WHIGHWAYS SUBJECT TO ALTERATION OF LAYOUT

Commencement Information

I3Sch. 3 Pt. 1 in force at 9.6.2009, see art. 1

(1)(2)
Street subject to alteration of layoutDescription of alteration
In the County of Nottinghamshire
Toton LaneWiden street between WS1a and WS2a to accommodate a new junction into the Chilwell NET Park and Ride site.
Bramcote LaneCreate parking bay between PB1 and PB2.
Sandby Court/Bramcote LaneRealign street between RS3 and RS4 at the junction with Bramcote Lane to increase northern kerb radius.
Cator LaneRealign street between RS5 and RS6 to accommodate new junction layout and move the access to Greenwood Court northwards.
Create new way between NP3 and NP4 to provide relocated access to Greenwood Court.
High RoadRealign street between RS7 and RS8.
Widen street between WS1 and WS2 to accommodate new junction to Castle College (Broxtowe campus) and revised highway layout.
Create parking bay between PB3 and PB4 on north-western side of carriageway.
Create parking bay between PB5 and PB6 on south-eastern side of carriageway.
High Road/Chilwell RoadCreate parking bay between PB7 and PB8 on north-western side of carriageway.
Chilwell RoadRealign street between RS8 and RS10 to accommodate NET stop and parking bays.
Realign street between RS11 and RS16 to accommodate junction with Middle Street and Devonshire Avenue.
Create parking bay between PB13 and PB14 on south-eastern side of carriageway.
Create parking bay between PB15 and PB16 on north-western side of carriageway.
Create parking bay between PB17 and PB18 on south-eastern side of carriageway.
Create a new way between NP7a and NP7b to allow road vehicles to turnaround.
Create a new way between NP9a and NP10a (Church Street) to allow access to service yard for retail units Nos. 40-47 9 231 150 150 145 The Square', Beeston Town Centre.
Create a new way between NP9c and NP10c to allow access between Styring Street and Chilwell Road.
Wilmot Lane/Factory Lane link roadCreate parking bay between PB9 and PB10 adjacent to Work No.3A.
Create parking bays between PB11 and PB12 adjacent to Work No.3A.
Un-named access off Chilwell Road adjacent to Chilwell Road Methodist ChurchRealign street between RS14 and RS14a to create access to new car park to the rear of odd property numbers 21 to 25 Chilwell Road.
Create a new way between NP9b and NP10b to allow access to Chilwell Road Methodist Church.
Create parking bay between PB18a and PB18b on eastern side of access to new car park to the rear of odd property numbers 21 to 25 Chilwell Road.
Imperial RoadWiden street between WS3 and WS4 to create width for parking spaces.
Devonshire AvenueRealign street between RS12 and RS15 to accommodate revised junction layout with Chilwell Road.
New access between Chilwell Road and Styring StreetCreate a new way between NP9d and NP9e to allow access to rear servicing yard for retail premises numbers 33 to 39 The Square.
Create a new way between NP9f and NP9g to allow egress from rear servicing yard for retail premises numbers 33 to 39 The Square.
Styring StreetRealign street between RS17 and RS18 to accommodate bus lay-bys on south-western side of carriageway.
Create parking bay between PB21 and PB22 on south-eastern side of carriageway.
Create parking bay between PB21a and PB22a on north-western side of carriageway.
Station RoadCreate a new way between NP10d and NP10e to make a relocated access to the multi-storey car park.
Un-named access to Psychiatric Day CentreRealign street between RS22 and RS29.
Create a new way between NP17 and NP18 to make a relocated access to The Three Horseshoes Public House.
Station Road (Beeston)Widen street between WS9 and WS10 to accommodate revised junction with Middle Street.
Realign street between RS25 and RS21 to accommodate revised junction with Middle Street.
The CityCreate a new way between NP15 and NP16 to provide an exit from The Three Horseshoes Public House site.
Middle StreetRealign street between RS12 and RS19 to accommodate revised junction with Chilwell Road and bus lay-by on the north-eastern side of the carriageway.
Realign street between RS20 and RS22 to accommodate revised junction layouts with side roads and modified highway layout.
Realign street between RS22 and RS23 to accommodate NET stop, one way street and revised highway layout.
Create parking bays between PB19a and PB20a on north side of carriageway.
Create a new way between NP11 and NP12.
Create new way between NP13 and NP14.
Humber RoadNarrow street between NS5 and NS6 to accommodate one way traffic and revised junction with Middle Street.
Fletcher RoadNarrow street between NS7 and NS8.
Create parking bays between PB23 and PB24 on north-western side of carriageway. Create parking bay between PB25 and PB26 on south-eastern side of carriageway.
Create parking bays between PB27 and PB28 on south-eastern side of carriageway.
Lower RoadRealign street between RS30 and RS31 including provision of turning head.
Realign street between RS32 and RS32a to accommodate one way traffic and revised junction layout with University Boulevard.
Narrow street between NS9 and NS10.
Create parking bay between PB29 and PB30 on north-western side of carriageway.
Create parking bay between PB31 and PB32 on north-western side of carriageway.
Create parking bay between PB35 and PB36 on north-western side of carriageway.
Create parking bay between PB37 and PB38 on south-eastern side of carriageway.
Create parking bay between PB39 and PB40 on north-western side of carriageway.
Queen’s Road EastRealign street between RS33 and RS34 to accommodate revised junction with University Boulevard.
In the City of Nottingham
University BoulevardRealign street between RS35 and RS36 to accommodate revised junction with Queen’s Road East.
Realign street between RS38 and RS39 to accommodate revised junction with un-named University Park (Hockey Club) access.
University Boulevard/Beeston RoadRealign street between RS43 and RS44 to accommodate revised junction with East Drive and Science Park access
Un-named University Park access roadRealign street between RS37 and RS40.
Science Park access roadRealign street between RS45 and RS46 to accommodate one way traffic.
Science RoadCreate parking bay between PB51 and PB52 on north-western side of diverted Science Road (Work No.5B) carriageway.
Create parking bay between PB53 and PB54 on access road adjacent to diverted Science Road.
Create parking bay between PB55 and PB56 on access road adjacent to diverted Science Road.
Create parking bay between PB57 and PB58 on north-western side of diverted Science Road (Work No.5B) carriageway.
Create parking bay between PB59 and PB60 on north-western side of diverted Science Road (Work No.5B) carriageway.
Abbey StreetRealign street between RS52 and RS53 to accommodate revised junction with Gregory Street and outbound tramroad.
Create parking bay between PB61 and PB62 on south-eastern side of carriageway.
Abbey BridgeWiden street between WS53 and WS54 to accommodate revised junction with Gregory Street.
Gregory StreetRealign street between RS53 and RS56 to accommodate revised junction with Abbey Street and NET stop layout.
Widen street between WS53 and WS55 to accommodate revised junction with Abbey Street.
Lenton LaneRealign street between RS57 and RS57a to the south to accommodate a new junction with tramway and Easter Park.
Widen street between WS51 and WS52 to accommodate tramway with adjacent cycle lanes.
Realign street between RS57b and RS57c to accommodate tramroad north of Lenton Lane.
King’s Meadow Road (NG2; Road)Realign street between RS58 and RS59 to accommodate a modified roundabout layout and tramroad.
Narrow street between NS11, NS12 and NS12a to remove left turn exit from the access road within the NG2; site.
Queen’s DriveRealign street between RS60 and RS61 to accommodate revised junction between King’s Meadow Road and Queen’s Drive.
Meadows WayRealign street between RS62 and RS63 to accommodate new junction between Queen’s Drive and Meadows Way.
Realign street between RS64 and RS65 to accommodate revised junction with Sheriffs Way.
Realign street between RS65 and RS66 to accommodate revised junction with Arkwright Street and to provide for the tramway alignment.
Narrow street between NS17 and NS18.
Create parking bay between PB73 and PB74 for Police use only on eastern side of carriageway.
Create parking bays between PB75 and PB80 on southern side of carriageway.
Create parking bay between PB81 and PB82 on southern side of carriageway.
Arkwright StreetRealign street between RS68 and RS68A to accommodate revised junction with Meadows Way.
Crocus StreetCreate a new way between NP19 and NP20 to provide access to properties to the rear of Station House.
Sheriffs WayRealign street between RS65 and RS67 to create a single carriageway and accommodate revised junction with Meadows Way.
Create parking bay between PB83 and PB84 on north-eastern side of carriageway.
Queen’s WalkRealign street between RS69 and RS70 to provide space for tramroad.
Carroll GardensRealign street between RS72 and RS73 to accommodate junction with Victoria Embankment and Riverside Way.
Victoria Embankment/Riverside WayRealign street between RS74 and RS75 to accommodate new junction after removal of roundabout.
Coronation AvenueCreate a new way between NP41 and NP42 to provide access to a new car park.
Create a new way between NP43 and NP44 to provide Environment Agency access to the flood plain.
In the County of Nottinghamshire
Coronation AvenueRealign street between RS78 and RS79 to accommodate junction with tramroad.
Wilford LaneWiden street between WS56 and WS57 to accommodate bus lay-bys.
Create a new way between NP44a and NP44b to provide access to sub-station and maintenance area.
Farnborough Road (north)Realign street between RS82 and RS83a to accommodate change in level, new junction with tramroad and revised junction with Southchurch Drive.
Southchurch DriveRealign street between RS83 and RS84 to accommodate revised junction with Farnborough Road and tram stop.
Realign street between RS85 and RS86 to accommodate revised highway and junction layout.
Realign street between RS86 and RS87.
Realign street between RS88 and RS89.
Narrow street between NS23 and NS24.
Create parking bays between PB99 and PB99a on south-east side of carriageway.
Create parking bay between PB99b and PB99c on south-eastern side of carriageway.
Create parking bay between PB99d and PB99e on north-western side of carriageway.
Create parking bays between PB99h and PB100 on south-eastern side of carriageway.
Create parking bays between PB101 and PB102 on the north-western side of carriageway.
Create parking bay between PB103 and PB104 on south-eastern side of carriageway.
Create parking bay between PB105 and PB106 on north-western side of carriageway.
Create parking bay between PB109 and PB110 on south-eastern side of carriageway.
Create parking bay between PB113 and PB114 on north-western side of carriageway.
Create parking bays between PB117 and PB117a on south-eastern side of carriageway.
Create parking bay between PB118 and PB118a on south-eastern side of carriageway.
Create parking bays between PB119 and PB119a on north-western side of carriageway.
Create parking bay between PB119d and PB119e on north-western side of carriageway.
Create parking bays between PB119f and PB120 on north-western side of carriageway.
Create parking bays between PB123 and PB123a on south-eastern side of carriageway.
Create parking bay between PB124 and PB124a on south-eastern side of carriageway.
Create parking bays between PB125 and PB125a on north-western side of carriageway.
Create parking bays between PB125d and PB126 on north-western side of carriageway.
Green LaneRealign street between RS86 and RS90 to accommodate revised junction with Southchurch Drive.
Realign street between RS86 and RS91 to accommodate revised junction with Southchurch Drive.
Access off Green LaneRealign street between RS92 and RS93 to maintain access to rear of shops between Donington Road and Green Lane.
Farnborough Road (south)Realign street between RS89 and RS94 to accommodate revised junction with Southchurch Drive.
Realign street between RS89 to RS95 to accommodate revised junction with Southchurch Drive.
Realign street between RS96 and RS97.
Create parking bay between PB133 and PB133a on southern side of carriageway.
Create parking bay between PB134 and PB134a on southern side of carriageway.
Create parking bay between PB135 and PB136 on northern side of carriageway.
Create parking bay between PB137 and PB138 on southern side of carriageway.
Create parking bay between PB141 and PB142 on northern side of carriageway.
Create parking bay between PB143 and PB144 on southern side of carriageway.
Create parking bays between PB145 and PB146 on the northern side of carriageway.
Nottingham RoadRealign street between RS97 and RS99 to accommodate revised junction with Clifton NET Park and Ride site access.
Create a new way between NP51 and NP52 to provide access to the Clifton NET Park and Ride site.
Barton Lane/Green StreetWiden street between WS6 and WS7 to accommodate new junction with the Clifton NET Park and Ride site access.
In the County of Nottinghamshire
Queen’s RoadRealign junction between RS104, RS105 and RS106 to accommodate revised junction layout with Meadow Lane.
Queen’s RoadRealign junction between RS107, RS108 and RS109 to accommodate revised junction layout with Station Road.

PART 2E+WFOOTPATHS AND BRIDLEWAYS SUBJECT TO ALTERATION OF LAYOUT

Commencement Information

I4Sch. 3 Pt. 2 in force at 9.6.2009, see art. 1

(1)(2)
Footpath subject to alteration of layoutDescription of alteration
In the County of Nottinghamshire
Path from Toton Lane Park & Ride site to Inham Road proposed open spaceCreate new path NP6a, NP6b & NP6c.
Path to the immediate north and east of Inham Road NET stopCreate new path NP8, NP11, NP12 & NP13.
Path to the immediate east of Inham Road NET stopCreate new path NP13 & NP14.
Path to the north of Chilwell Eskdale SchoolCreate new path NP19 & NP21.
Path in the vicinity of Eskdale Drive NET stopCreate new path NP23, NP24, NP26, NP25 & NP23a.
Path to the immediate east of Bramcote LaneCreate new path NP30, NP32 & NP31.
Path in the vicinity of Bramcote Lane NET stopCreate new path NP32, NP35 & NP34.
Path to the immediate east of Bramcote Lane NET stopCreate new path between NP33, NP34 & NP34a.
Path to the immediate south of Bramcote Lane NET stopCreate new path NP35 & NP36.
Path between Bramcote Lane NET stop and Cator Lane NET stopCreate new path NP33 & NP37.
Path to the immediate south of Cator Lane NET stopCreate new path NP41, NP40a & NP40.
Path to the immediate east of Cator Lane NET stopCreate new path NP39 & NP40a.
Path to the south of Greenwood CourtCreate new path NP42 & NP43.
In the City of Nottingham
Path from north end of Queen’s Walk to Meadows Centre NET stopCreate new path NP52, NP64 & NP61.
Path on western side of northern section of Queen’s WalkCreate new path NP55, NP55a, NP56, NP57, NP58, NP59, NP60 & NP61.
Path adjacent to Sheriffs WayCreate new path NP53 & NP54.
Path to the immediate north of Meadows Centre NET stopCreate new path NP59 & NP63.
Path to the immediate west of Meadows Centre NET stopCreate new path NP62 & NP65.
Path between Meadows Centre NET stop and Robin Hood WayCreate new path NP60, NP66, NP67, NP68, NP69 & NP70.
Path to the immediate east and south of Meadows Centre NET stopCreate new path NP62, NP65, NP65a, NP65b & NP66.
Path between Meadows Centre NET stop and Robin Hood WayCreate new path NP65a & NP76.
Path to the immediate north of Robin Hood WayCreate new path NP75 & NP76.
Path between Robin Hood Way and access to Cremorne Hotel (west side)Create new path NP79, NP82a, NP83a, NP84 & NP86.
Path between Robin Hood Way and access to Cremorne Hotel (east side)Create new path NP81, NP82, NP83 & NP85.
Path to the immediate south of Robin Hood WayCreate new path NP77 & NP78.
Path between Cremorne Hotel access and Riverside WayCreate new path NP94, NP93 & NP95.
Path between Robin Hood Way and area west of Queen’s Walk NET stopCreate new path NP90 & NP91.
Path at south end of Queen’s WalkCreate new path NP96 & NP97.
Path adjacent to Main RoadCreate new path NP99 & NP100.
In the County of Nottinghamshire
Path east of disused railway embankmentCreate new path NP104 & NP105.
Path east of disused railway embankmentCreate new path NP106 & NP106a.
Path east of disused railway embankmentCreate new path NP107 & NP108.
Path north of Compton Acres NET stopCreate new path NP115 & NP118.
Path west of Compton Acres NET stopCreate new path NP118, NP118a & NP117a.
Path in the vicinity of Ruddington Lane NET stopCreate new path NP119, NP122, NP121 & NP122a.
Path south of Ruddington LaneCreate new path NP123 & NP125.
In the City of Nottingham and the County of Nottinghamshire
Path from Ruddington Lane to The DownsCreate new path NP124, NP125, NP126a & NP126.
In the City of Nottingham
Path over Fairham Brook connecting to Footpath No.147 (Silverdale Walk)Create new path NP126a, NP127, NP128, NP129 & NP130.
Path between Footpath No.147 (Silverdale Walk) and Farnborough Road (north)Create new path NP133 & NP134.
Path from Nottingham Road to Clifton NET Park and Ride siteCreate new path NP139, NP140 & NP141.
Path from Nottingham Road to Barbury CloseCreate new path NP135, NP136 & NP137.

Articles 11 and 12

SCHEDULE 4E+WSTREETS TO BE PERMANENTLY STOPPED UP

Key to Schedule 4

SSStopping up of street
NPCreation of new way
NETNottingham Express Transit
PDPath diversion
PSPath stopping up

PART 1E+WHIGHWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I5Sch. 4 Pt. 1 in force at 9.6.2009, see art. 1

(1)(2)(3)
Street affectedExtent of stopping upNew street to be substituted
In the County of Nottinghamshire
Toton LaneClose the entrance to the retail site off Toton Lane between SS1 and SS1a.New access provided off Chilwell NET Park and Ride access road via new way to be opened between NP1 and NP2.
High RoadStop up access to Castle College (Broxtowe campus) between SS2 and SS2a.New access provided via new way to be opened between NP5 and NP6.
Wilmot LaneStop up the north-western end of the highway between SS3 and SS4.New highway links Factory Lane and Wilmot Lane (Work No.3A).
Styring StreetClose the entrance to the multi-storey car park off Styring Street between SS7h and SS7i.New access provided off Station Road via new way to be opened.
Commercial AvenueClose the highway between SS12 and SS13.New highway links Foster Avenue to Wollaton Road (Work No.3B) between NP7, NP8, NP9 and NP10.
In the City of Nottingham
Robin Hood Way/ Riverside Way RoundaboutStop up the western circulatory and arm of roundabout between SS23 and SS25.New gyratory system provides access from Robin Hood Way to Riverside Way (Work Nos. 11D & 11E).
Robin Hood Way/ Riverside Way RoundaboutStop up the highway link from the roundabout to Robin Hood Way between SS23 and SS24.New gyratory system provides access from Robin Hood Way to Riverside Way (Work Nos. 11D & 11E).
Southchurch DriveStop up the existing access off Southchurch Drive to the Community Centre between SS26 and SS26a.New highway links Farnborough Road and Community Centre (Work No.16B).

PART 2E+WFOOTPATHS AND BRIDLEWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I6Sch. 4 Pt. 2 in force at 9.6.2009, see art. 1

(1)(2)(3)
Extent of stopping upStreet affectedNew street to be substituted
In the County of Nottinghamshirem
Bridleway Beeston BW 27 at southern end of Chilwell NET Park and Ride sitePath diversion between PD1 & PD2.New path between NP1, NP2, NP3 & NP4.
Bridleway Beeston BW 27 to the east of Chilwell NET Park and Ride sitePath diversion between PD3 & PD4.New path between NP5 & NP6.
Path between Inham Road and Ghost House LanePath diversion between PD5, PD6, PD8 & PD9.New path between NP7, NP8, NP9, NP12, NP14, NP16 & NP17.
Path in the vicinity of Inham Road NET stopPath diversion between PD6 & PD7.New path between NP9 & NP10.
Path to the north of Chilwell Eskdale SchoolPath diversion between PD10 & PD11.New path between NP18, NP19, NP20 & NP20a.
Path in the vicinity of Eskdale Drive NET stopPath diversion between PD12, PD13 & PD14.New path between NP22, NP23, NP24 & NP23a.
Path to the east of Eskdale Drive NET stopPath diversion between PD15 & PD16.New path between NP27, NP28 & NP29.
Path to the immediate east of Bramcote LanePath diversion between PD17 & PD18.New path between NP30a, NP30, NP33 & NP33a.
Footpath Beeston FP 46 in the vicinity of Cator Lane NET stopPath diversion between PD19 & PD20.New path between NP38, NP37 & NP41.
In the City of Nottingham
Path at western boundary of NG2; sitePath diversion between PD21 & PD22.New path between NP44, NP45 & NP46.
Path on Queen’s Walk in the vicinity of Meadows WayPath diversion between PD23a & PD24a.Create new path NP51, NP52 & NP50.
Diversion of Kirkenwhite Walk north of Meadows Centre NET stopPath diversion between PD23 & PD24.New path between NP60, NP61, NP62 & NP63.
Path to the north of Robin Hood WayPath diversion between PD25 & PD26.New path between NP72, NP73 & NP74.
Path to the south of Robin Hood WayPath diversion between PD27 & PD28.New path between NP79 & NP80.
Path to the south of Robin Hood WayPath diversion between PD29 & PD30.New path between NP87, NP82 & NP82a.
Path in the vicinity of Helvellyn ClosePath diversion between PD31 & PD32.New path between NP88, NP83 & NP83a.
Path in the vicinity of Ferngill ClosePath diversion between PD33 & PD34.New path between NP89 & NP84.
Wilford BridgePath diversion between PD52 & PD53.New path between NP98, NP99, NP101 & NP102.
In the County of Nottinghamshire
Footpath No.7 east of disused railway embankmentPath diversion between PD37 & PD38.New path between NP105, NP105a & NP105b.
Footpath No.24 east of disused railway embankmentPath diversion between PD38, PD38a, PD39, PD39a & PD39b.New path between NP105a, NP105c, NP106, NP106b, NP107 & NP107a.
Path immediately to the south of Wilford LanePath diversion between PD40 & PD41.New path between NP109 & NP110.
Path between Wilford Lane and Compton Acres NET stopPath diversion between PD41, PD42, PD41a, PD43 & PD44.New path between NP110, NP111 & NP112.
Path to the north of Compton Acres NET stopPath diversion between PD44 & PD45.New path between NP112 & NP113.
Path in the vicinity of Compton Acres NET stopPath diversion between PD47 & PD47a.New path between NP113, NP114 & NP118.
Path from Compton Acres NET stop to Ruddington Lane NET stopPath diversion between PD45, PD47b, PD47d, PD48a & PD49.New path between NP114, NP117a, NP117b, NP119 & NP120.
Path immediately to the south of Ruddington Lane NET stopPath diversion between PD49 & PD48.New path between NP120, NP122a & NP122b.
In the City of Nottingham
Footpath No.147 (Silverdale Walk) to the east of Brooksby LanePath diversion between PD50 & PD51.New path between NP131, NP132 & NP133.

PART 3E+WHIGHWAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I7Sch. 4 Pt. 3 in force at 9.6.2009, see art. 1

(1)(2)
Street to be stopped upExtent of stopping up
In the County of Nottinghamshire
Styring Street

Stop up the entrance to the retail area north east of Styring Street between SS7 and SS7a.

Stop up the entrance to the retail area north east of Styring Street between SS7b and SS7c.

Stop up the north-western entrance to Beeston bus station between SS7d and SS7e.

Stop up the south-western entrance to Beeston bus station between SS7f and SS7g.

Stop up the entrance to the taxi rank within the multi-storey car park between SS7j and SS7k.

Middle StreetStop up the access to a retail area off Middle Street between SS8 and SS8a.
The CityStop up the existing highway between SS9 and SS10.
Fletcher RoadStop up the access to Neville Sadler Court between SS14 and SS14a.
In the City of Nottingham
Science RoadStop up existing highway between SS29 and SS29a.
Sheriffs Way (northbound carriageway)Stop up the existing highway between SS15 and SS16.
Sheriffs Way (southbound carriageway)Stop up the existing highway between SS17 and SS18.
Crocus StreetClose the highway between SS19a and SS22.

PART 4E+WFOOTPATHS AND BRIDLEWAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I8Sch. 4 Pt. 4 in force at 9.6.2009, see art. 1

(1)(2)
Street to be stopped upExtent of stopping up
In the County of Nottinghamshire
Path in the vicinity of Patterdale Court, north of Eskdale DriveStop up path between PS1 & PS2
Path to the north of No. 47 Eskdale DriveStop up path between PS3 & PS4
Path to the north of No. 41 Eskdale DriveStop up path between PS5 & PS6
Path to the north of No. 25 Eskdale DriveStop up path between PS6a & PS6b
Path to the north-west of Chilwell Alderman Pounder SchoolStop up path between PS7 & PS8
Footpath to the immediate east of Bramcote Lane NET stopStop up path between PS7a & PS8a
Path to the south of Greenwood CourtStop up path between PS9 & PS10
Footpath Wilmot Lane/Beeston FP 55 adjacent to Wilmot LaneStop up path between PS11 & PS12
In the City of Nottingham
Path to south of heavy rail tracksStop up path between PS12a & PS12b
Path at north end of Queen’s WalkStop up path between PS15 & PS16
Path from north end of Queen’s Walk to Meadows Centre NET stopStop up path between PS15, PS17 & PS25a
Path at north end of Queen’s WalkStop up path between PS19 & PS20
Path at north end of Queen’s Walk adjacent to 31 Houseman GardensStop up path between PS21 & PS22
Path at north end of Queen’s Walk adjacent to 31 Houseman GardensStop up path between PS23 & PS24
Path in the vicinity of Meadows Centre NET stopStop up path between PS25, PS25a & PS26
Path from north end of Queen’s Walk to Robin Hood WayStop up path between PS25a, PS26a, PS26c, PS27, PS27b & PS18
Path to the immediate south of Meadows Centre NET stopStop up path between PS26f & PS26a
Path to the south of Meadows Centre NET stopStop up path between PS26b & PS26c
Path to the south of Meadows Centre NET stopStop up path between PS26d & PS26e
Path to the south of Meadows Centre NET stopStop up path between PS27 & PS28
Path to the north of Robin Hood WayStop up path between PS27a & PS27b
Path between Robin Hood Way and access to Cremorne Hotel (central)Stop up path between PS29, PS31a, PS32a & PS30
Path to the south of Robin Hood WayStop up path between PS31 & PS31a
Path to the south of Robin Hood WayStop up path between PS32 & PS32a
Path to the south of Robin Hood WayStop up path between PS33 & PS34
Path in the vicinity of Queen’s Walk NET stopStop up path between PS34a & PS34b
Path in the vicinity of Queen’s Walk NET stopStop up path between PS34c & PS34d
In the County of Nottinghamshire
Footpath No.6 adjacent to Coronation AvenueStop up path between PS36 & PS37
Footpath No.7 east of disused railway embankmentStop up path between PS38 & PS39
Footpath No.8 east of disused railway embankmentStop up path between PS39a & PS39b
Path to the south of Wilford LaneStop up path between PS41a & PS41b
Path in the vicinity of Compton Acres NET stopStop up path between PS40 & PS41
Path in the vicinity of Compton Acres NET stopStop up path between PS42, PS36a & PS37c
Path in the vicinity of Compton Acres NET stopStop up path between PS35 & PS35a
Path in the vicinity of Compton Acres NET stopStop up path between PS37a & PS37b
Path to the south of Ruddington LaneStop up path between PS43, PS44 & PS45

Article 12

SCHEDULE 5E+WSTREETS TO BE TEMPORARILY STOPPED UP

PART 1E+WHIGHWAYS TO BE TEMPORARILY STOPPED UP

Commencement Information

I9Sch. 5 Pt. 1 in force at 9.6.2009, see art. 1

(1)(2)
Street affectedExtent of stopping up
In the County of Nottinghamshire
Toton LaneBetween the junction with the A52 Stapleford Bypass (Bardills Roundabout) and a point 200 metres south of the entrance to the new Park and Ride site.
Inham RoadIn the vicinity of the junction with Eskdale Drive.
Bramcote LaneIn the vicinity of the junction with Sandby Court.
Cator LaneIn the vicinity of Greenwood Court.
High RoadBetween Castle (Broxtowe) College and Wilmot Lane.
Grove AvenueAt junction with High Road.
Holly LaneAt junction with High Road.
Middle LaneAt junction with High Road.
Park RoadAt junction with High Road.
Wilmot LaneAt junction with Chilwell Road.
Ellis GroveAt junctions with Chilwell Road (east & west junctions).
Chilwell RoadBetween Wilmot Lane and Foster Avenue.
Imperial RoadAt junction with Chilwell Road.
Collin StreetAt junction with Chilwell Road.
Middle StreetAt junction with Chilwell Road.
Devonshire AvenueAt junction with Chilwell Road.
Foster AvenueAt junction with Chilwell Road.
Styring StreetBetween the junction with Middle Street and Beeston bus station.
Middle StreetBetween the junction with Styring Street and the junction with Humber Road.
Hallam RoadAt junction with Middle Street.
Moore GateAt junction with Middle Street.
Station RoadAt junction with Middle Street.
Acacia WalkAt junction with Middle Street.
Union StreetAt junction with Middle Street.
Clifton StreetAt junction with Middle Street.
City RoadAt junction with Middle Street.
The CityAt junction with Middle Street.
Regent StreetAt junction with Middle Street.
Humber RoadAt junctions with Middle Street (east & west junctions).
Fletcher RoadBetween the junction with Humber Road and Neville Sadler Court.
Lower CourtAt junction with Lower Road.
Lower RoadBetween Neville Sadler Court and the junction with University Boulevard.
Albert RoadAt junction with Lower Road.
Queen’s Road EastAt junction with University Boulevard.
In the City of Nottingham
University Boulevard (south west carriageway)At junction with Queen’s Road East.
University BoulevardBetween Beeston Road and Tennis Centre access.
East DriveAt junction with Beeston Road.
Highfields Science Park Access RoadAt junction with Beeston Road.
Science RoadFrom junction with East Drive to junction with Clifton Boulevard.
Clifton BoulevardAt junction with Science Road and South Road.
South RoadFrom junction with East Road to junction with Harvey Road.
Abbey StreetFrom Hooleys Site to Gregory Street.
Gregory StreetFrom junction with Abbey Street to Lenton Lane.
Old Church StreetAt junction with Gregory Street.
Claytons DriveAt junction with Gregory Street.
Lenton LaneFrom Gregory Street to bridge over Lenton South Railway Junction.
Willow RoadAt junction with Lenton Lane.
Easter Park Industrial Estate AccessAt junction with Lenton Lane.
King’s Meadow Road (NG2; access road)Between western end of NG2; development site and junction with Queen’s Drive/Meadow Way.
Queen’s DriveAt junction between Meadows Way and King’s Meadow Road (NG2; access road).
Meadows WayBetween the junction of King’s Meadow Road (NG2; access road) and the junction of Arkwright Walk.
Saffron GardensAt junction with Meadows Way.
Beardsley GardensAt junction with Meadows Way.
Kelso GardensAt junction with Meadows Way.
Gritley MewsAt junction with Meadows Way.
CastlefieldsAt junction with Meadows Way.
Kinglake PlaceAt junction with Meadows Way.
Sheriffs WayAt junction with Meadows Way.
Arkwright StretFrom junction with Meadows Way to junction with Crocus Street.
Crocus StreetAt junction with Arkwright Street.
Queens RoadAdjacent to Nottingham Station.
Station StreetAdjacent to Nottingham Station.
Robin Hood WayBetween Launder Street and Hoopers Walk.
Main RoadBetween Coronation Avenue and Wilford Bridge.
In the City of Nottingham and the County of Nottinghamshire
Coronation AvenueIn vicinity of former railway embankment.
Wilford LaneBetween Compton Acres and Ashdown Close.
Ruddington LaneBetween Fieldway and Wilford Lane Industrial Estate access road.
In the City of Nottingham
Brooksby LaneAt junction with Farnborough Road.
Farnborough Road (north)Between 144 Farnborough Road and the junction with Southchurch Drive.
Southchurch DriveBetween the junction with Farnborough Road (north) and the junction with Farnborough Road (south).
Dovenby RoadAt junction with Southchurch Drive.
Varney RoadAt junction with Southchurch Drive.
RivergreenAt junction with Southchurch Drive.
Swansdowne DriveAt junction with Southchurch Drive.
Lanthwaite RoadAt junction with Southchurch Drive.
Donnington RoadAt junction with Southchurch Drive.
Green LaneAt junction with Southchurch Drive.
Dungannon RoadAt junction with Southchurch Drive.
Whitegate ValeAt junction with Southchurch Drive.
Farnborough Road (south)Between the junction with Southchurch Drive and the junction with Nottingham Road.
Highbank DriveAt junction with Farnborough Road.
Chepstow RoadAt junction with Farnborough Road.
Pastures AvenueAt junction with Farnborough Road.
Summerwood LaneAt junction with Farnborough Road.
Bransdale RoadAt junction with Farnborough Road.
Chisbury GreenAt junction with Farnborough Road.
In the County of Nottinghamshire
Nottingham RoadBetween junction of new Park and Ride site access and junction with Farnborough Road.
A453 Barton Lane/Green StreetAt junction to entrance to new Park and Ride site.
Queen’s RoadAt junction with Meadow Lane and Station Road.
Meadow LaneAt junction with Queen’s Road.
Station RoadAt junction with Queen’s Road.

PART 2E+WFOOTPATHS AND BRIDLEWAYS TO BE TEMPORARILY STOPPED UP

Commencement Information

I10Sch. 5 Pt. 2 in force at 9.6.2009, see art. 1

Key to Schedule 5 Part 2

TSTemporary stopping up of street
NETNottingham Express Transit
(1)(2)
Street AffectedExtent of stopping up
In the City of Nottingham
Path at north end of Queen’s Walk adjacent to Sheriffs WayBetween TS1 & TS2.
Path at north end of Queen’s Walk adjacent to No. 27 Blackstone WalkBetween TS3 & TS4.
Path at north end of Queen’s Walk adjacent to No. 31 Houseman GardensBetween TS5 & TS6.
Path at north end of Queen’s Walk adjacent to No. 31 Houseman GardensBetween TS7 & TS8.
Path immediately to the south of Meadows Centre NET stopBetween TS9 & TS10.
Path to the south of Meadows Centre NET stopBetween TS11 & TS12.
Path to the south of Meadows Centre NET stopBetween TS13 & TS14.
Path to the north of Robin Hood WayBetween TS15 & 6.
Path to the south of Robin Hood WayBetween TS17 & TS18.
Path to the south of Robin Hood WayBetween TS19 & TS20.
Path to the south of Robin Hood WayBetween TS21 & TS22.
Path in the vicinity of Helvellyn CloseBetween TS27 & TS28.
Path in the vicinity of No. 24 Ferngill CloseBetween TS29 & TS30.
Path in the vicinity of Blair CourtBetween TS23 & TS24.
Path in the vicinity of Blair CourtBetween TS25 & TS26.
Path adjacent to Meadow Bank Day HospitalBetween TS33 & TS34.
Path between Meadow Bank Day Hospital and Robin Hood WayBetween TS35 & TS36.
Path to the south of Queen’s Walk NET stopBetween TS37 & TS38.
Path between Carroll Gardens and Queen’s WalkBetween TS41 & TS42.

Article 29

SCHEDULE 6E+WLAND NOT TO BE ACQUIRED COMPULSORILY

Commencement Information

I11Sch. 6 in force at 9.6.2009, see art. 1

(1)(2)
LocationNumber of land shown on works and land plans
In the City of Nottingham
NG2; Development Site Spine Road721, 731, 733, 735, 736, 737, 741, 743, 744, 746, 747, 748, 749, 750 & 752
Open Space713, 714, 715, 717, 718, 719, 723, 931, 932, 935, 946, 981, 991, 995, 1150, 1153, 1156, 1159 & 1193
In the Borough of Rushcliffe
Open Space1001, 1005, 1006, 1011 & 1025
In the Borough of Broxtowe
Open Space26, 32, 33, 37, 42, 66, F1... 262, 504, 507, 508, 509, 510 & 511
33-39 The Square, Beeston279, 280, 281 & 284

Article 32

SCHEDULE 7E+WMODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactmentsE+W

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall 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.E+W

Commencement Information

I12Sch. 7 para. 1 in force at 9.6.2009, see art. 1

2.—(1) Without limiting the scope of paragraph 1, the Land Compensation Act 1973(1) shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).E+W

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a)for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”; and

(b)for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

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

(a)for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”;

(b)for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;

(c)for the words “part proposed” there shall be substituted the words “right proposed”; and

(d)for the words “part is” there shall be substituted the words “right is”.

Commencement Information

I13Sch. 7 para. 2 in force at 9.6.2009, see art. 1

Adaptation of the 1965 ActE+W

3.—(1) The 1965 Act shall have 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 to be read (according to the requirements of the particular context) as referring to, or as including references to—E+W

(a)the right acquired or to be acquired; or

(b)the land over which the right is or is to be exercisable.

(2) Without limiting the scope of sub-paragraph (1), Part 1 of the 1965 Act shall apply 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.

Commencement Information

I14Sch. 7 para. 3 in force at 9.6.2009, see art. 1

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section:—E+W

7.  In assessing the compensation to be paid by the acquiring authority under this Act regard shall 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..

Commencement Information

I15Sch. 7 para. 4 in force at 9.6.2009, see art. 1

5.  For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following:—E+W

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 Lands Tribunal (“the tribunal”); and

(b)before the tribunal has determined that question, the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased 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 Nottingham Express Transit System Order 2009(2) (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be 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 shall be 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 shall 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 affects any other power of the authority to withdraw the notice..

Commencement Information

I16Sch. 7 para. 5 in force at 9.6.2009, see art. 1

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:—E+W

(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),

shall be so modified 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.

Commencement Information

I17Sch. 7 para. 6 in force at 9.6.2009, see art. 1

7.  Section 11 of the 1965 Act (powers of entry) shall be so modified 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 the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.E+W

Commencement Information

I18Sch. 7 para. 7 in force at 9.6.2009, see art. 1

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) shall apply 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.E+W

Commencement Information

I19Sch. 7 para. 8 in force at 9.6.2009, see art. 1

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified 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.E+W

Commencement Information

I20Sch. 7 para. 9 in force at 9.6.2009, see art. 1

Articles 19 and 34

SCHEDULE 8E+WACQUISITION OF NEW RIGHTS ONLY

Commencement Information

I21Sch. 8 in force at 9.6.2009, see art. 1

(1)(2)
LocationNumber of land shown on works and land plans
In the County of Nottinghamshire
High Road158, 164, 165, 166 & 167
High Road/Chilwell Road180, 181, 182, 183, 184, 185, 186 & 187
Chilwell Road243
Chilwell Road/Foster Avenue264
Styring Street297, 298, 299, 300 & 302
Middle Street308 & 309
Middle Street350, 364 & 365
Middle Street/Humber Road385
In the City of Nottingham
Gregory Street666 & 667
Southchurch Drive1187, 1188, 1205, 1208, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231 & 1232
Southchurch Drive/Green Lane1244

Articles 2(1), 5, 25 and 36

SCHEDULE 9E+WLAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Commencement Information

I22Sch. 9 in force at 9.6.2009, see art. 1

(1)(2)(3)(4)
LocationNumber of land shown on works and land plansPurpose for which temporary possession may be takenScheduled work
In the County of Nottinghamshire
Toton Lane1 & 2Highway works.Work No.1
Toton Lane5Reconfigure retail site car park.Work No.1
Inham Road17, 18, 23 & 24Highway works, footpath diversion and construction working area.Work No.1
Inham Road/Eskdale Drive21, 25, 27, 28 & 29Highway works, footpath diversion and construction working area.Work No.1
Eskdale Drive30 & 31Footpath diversion.Work No.1
Eskdale Drive35, 36 & 43Relocate children’s playground, footpath diversions and watercourse diversion.Works Nos. 1 and 1A
Eskdale Drive38, 39, 40 & 41Construction working area.Work No.1
Sandby Court55Reconfigure surgery car park.Work No.1
Bramcote Lane62 & 64Highway works.Work No.1
Cator Lane68, 69 & 70Reconfigure access/car park to residential home, diversion of main sewer and highway works.Works Nos. 1, 1C and 2
Cator Lane72Reconfigure access to pumping station.Work No.1
Cator Lane77 & 78Demolition of extension to property (No. 136 Cator Lane) and highway works.Works Nos. 1 and 2
Cator Lane80Reconfigure access to residential home.Works Nos. 2 and 2A
Cator Lane/High Road86, 87, 88, 89, 90, 91, 92, 96, 98 & 100Reconfigure allotment car park and diversion of culverted watercourse.Works Nos. 2 and 2A
Gwenbrook Avenue120ADemolition of extension to property (No.41 Gwenbrook Avenue).Work No.2
High Road/Bridge Avenue142, 143, 144 & 145Highway works.Work No.2
High Road147, 147A, 149 & 149AHighway works.Works Nos. 2 and 3
Holly Lane161, 161A & 162Highway works.Work No.3
Ellis Grove208 & 216Highway works.Work No.3
Imperial Road224Highway works.Work No.3
Collin Street240Highway works.Work No.3
Un-named access adjacent to Chilwell Road Methodist Church254Highway works.Work No.3
Devonshire Avenue259 & 260Highway works.Work No.3
Middle Street/Church Street257, 258, 295 & 296Highway works.Work No.3
Foster Avenue265, 266A, 267A & 268AHighway works and reconfigure public car park.Work No.3B
Wollaton Road271Highway works.Work No.3B
Middle Street303 & 304Highway works.Work No.3
Hallam Road305C, 306 & 306AHighway works.Work No.3
Station Road318, 325, 326 & 327Highway works.Work No.3
Middle Street337Demolition of property (Funeral parlour).Work No.3
Union Street343 & 344Highway works.Work No.3
Middle Street346 & 347Reconfigure public car park.Work No.3
City Road372 & 373Highway works.Work No.3
Middle Street/The City375, 376 & 378Highway works.Work No.3
Regent Street368 & 369Highway works.Work No.3
Middle Street382A & 383Reconfigure accesses to Psychiatric Day Centre.Work No.3
Humber Road386, 387, 389, 390 & 392Highway works.Work No.3
Fletcher Road395, 397, 399, 401, 403, 405, 407, 409, 411, 412, 413, 414, 416, 417, 418, 419, 420, 421, 422, 423, 424, 427, 428, 441 & 443Construction working area for replacement of boundary treatments.Work No.3
Fletcher Road (cul-de-sac)438 & 439Highway works.Work No.3
Lower Court462Highway works.Work No.3
Albert Road464Highway works.Work No.3
Lower Road466, 468, 470, 472, 474, 475, 476, 477, 479, 481 & 490Construction working area for replacement of boundary treatments.Work No.3
Lower Road/ University Boulevard483Highway works.Work No.3
Lower Road/Queen’s Road East493, 494, 496, 497, 498, 500, 501, 502 & 503Construction working area for replacement of boundary treatments and landscaping works.Work No.3
Queen’s Road East505, 506 & 514Highway works.Work No.3
In the City of Nottingham
University Boulevard/ Queen’s Road East513 & 515Highway works.Work No.4
University Boulevard517, 520, 523, 524 & 525Highway works and construction working area.Work No.4
University Boulevard527Landscaping and accommodation works to the Hockey Club.Work No.4
University Boulevard530Highway works.Works Nos. 4, 5 and 5A
University Boulevard531, 532, 533, 536, 538, 540, 541 & 544Highway works and modifications to Tennis Centre car park.Works Nos. 4 and 5
University Boulevard/ East Road546 & 556Highway works.Works Nos. 5 and 5A
Highfield Science Park access road548 & 550Highway works and landscaping works.Work No. 5A
Beeston Road553, 554, 559 & 560Highway works and construction working area for replacement of boundary treatments.Works Nos. 5 and 5A
Science Road557, 583, 584 & 585Highway works and reconfigure University car parks.Works Nos. 5 and 5B
Greenfield Street572Demolition of outbuilding (No.21 Greenfield Street).Work No.5
Clifton Boulevard/ South Road (QMC site)600, 602, 603, 605, 607, 608 & 609Construction site for QMC structure works.Works Nos. 5, 6 and 6A
East Road (QMC site)612, 613, 614, 615, 616, 617, 618 & 619Construction site for QMC structure works.Work No.6
Abbey Street629, 631 & 632Highway works and construction compound.Works Nos. 6 and 7
Gregory Street645, 646 & 647Highway works and remediation works to existing property (No.28 Gregory Street).Work No.7
Abbey Bridge654 & 659Highway works.Work No.7
Abbey Bridge/ Forsythia Gardens655Demolition of forecourt canopy.Work No.7
Old Church Street662Highway works.Work No.7
Gregory Street/ Lenton Lane671, 673, 675, 679 & 681Construction site for Nottingham Beeston Canal bridge works.Work No.7
Lenton Lane684 & 685Realign highway access.Work No.7
Lenton Lane699Construction site for realignment of Network Rail access road.Works Nos. 7 and 8
Lenton Lane/Lenton South Junction704, 707, 708, 709 & 711Construction site for Lenton Lane bridge works and highway works.Work No.8
NG2; Development Site spine road753, 754, 755, 756 & 757Highway works.Work No.8
Queen’s Drive/ NG2; Development Site spine road762, 763, 765, 766 & 767Highway works.Works Nos. 8 and 9
Meadows Way769Highway works.Work No.9
Safron Gardens771Highway works.Work No.9
Beardsley Gardens772Highway works.Work No.9
Kelso Gardens773 & 774Highway works.Work No.9
Gritley Mews775 & 776Highway works.Work No.9
Castlefields778Highway works.Work No.9
Kinglake Place779Highway works.Work No.9
Waterway Street/ Crocus Street/ Arkwright Street780, 782, 783, 784, 786, 792, 793, 811, 812, 813, 817, 821 & 837Highway works, demolition of property (Victor House) and construction working area.Works Nos. 9 and 10
Meadows Way787Highway and landscaping works.Work No.10
Meadows Way797, 798, 799, 800, 801, 802, 803, 804, 827 & 831Highway works, demolition of property (United Carpets & GSK Ltd) and landscaping works.Work No.10
Crocus Street833Highway works.Work No.10
Queens Road/Station Street865, 866, 869, 871, 884, 885, 886, 891, 894, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921 & 922Construction site for Nottingham Station structure works and possible construction compound.Works Nos. 10 and 10B
Queens Road855 & 876Construction site for Nottingham Station structure works.Works Nos. 10 and 10A
Carrington Street872, 873, 874 & 875Construction compound.Works Nos. 10 and 10A
Station Street878, 879, 880, 888, 889, 892, 895, 896, 897, 898, 899, 900, 901 & 902Construction site for Nottingham Station structure works.Works Nos. 10, 10A and 10B.
Sheriffs Way/Queen’s Walk927, 928, 929 & 933Highway works and footpath diversions.Works Nos. 11 and 11B
Queen’s Walk930Footpath diversion.Works Nos. 11 and 11A
Kirkewhite Walk934Footpath diversion.Works Nos. 11 and 11A
Queen’s Walk/Robin Hood Way/Victoria Embankment936, 939, 945, 948, 949, 957, 959, 960 & 963Highway works and footpath diversions.Works Nos. 11 and 11B
Queen’s Walk/Robin Hood Way937, 938, 943 & 944Highway works and footpath diversions.Works Nos. 11 and 11A
Robin Hood Way/ Riverside Way951, 953, 954, 955, 962, 969, 970 & 971Highway works and footpath diversions.Works Nos. 11, 11C, 11D and 11E
Main Road964, 965, 966, 972, 975, 976, 978, 980, 982, 985 & 988Construction site for Wilford Toll bridge works.Works Nos. 12 and 12A
Coronation Avenue996 & 997Landscaping works.Work No.12
Coronation Avenue998Construction site for flood retention and flood compensation works.Work No.12
In the County of Nottinghamshire
Coronation Avenue999, 1000 & 1007Highway works and construction site for flood retention and flood compensation works.Works Nos. 13 and 13A
Coronation Avenue1002, 1003 & 1012Highway works, earthworks and landscaping works.Work No.13
Wilford Lane1028, 1030, 1031, 1032, 1033 & 1034Highway works.Works Nos. 13 and 14
In the City of Nottingham
Wilford Lane1039 & 1040Highway works.Works Nos. 13 and 14
In the County of Nottinghamshire
Wilford Lane/ Ruddington Lane1055, 1068, 1072 & 1073Footpath diversions and landscaping works.Works Nos. 14 and 14A
In the City of Nottingham
Kynance Gardens1063, 1064, 1065, 1066 & 1070New footpath and footpath diversion.Work No.14B
Wilford Lane/ Ruddington Lane1075 & 1076Protection of existing drain.Work No.14
Ruddington Lane1088, 1089 & 1090Highway works.Work No.14C
In the County of Nottinghamshire
Ruddington Lane1108, 1109, 1112, 1113, 1115, 1116, 1117, 1133 & 1134Highway works and diversion of water main.Works Nos. 14C and 14E
In the City of Nottingham
Parkland to the south of The Downs1146, 1149, 1151, 1152, 1154, 1155, 1157 & 1158New footpath and landscaping works.Work No.15
Farnborough Road1167Highway works.Work No.16
Brooksby Lane1166Highway works.Work No.16
Farnborough Road/ Southchurch Drive1169Reconfigure access to St Francis Church.Work No.16A
Farnborough Road/ Southchurch Drive1170, 1171, 1173 & 1174Highway works and reconfigure access to Community Centre car park.Work No.16B
Southchurch Drive1182 & 1183Reconfigure access/car park to Community Centre.Work No.16B
Dovenby Road1180Highway works.Work No.16
Varney Road1189, 1190 & 1191Highway works.Work No.16
Rivergreen1192Highway works.Work No.16
Swansdowne Drive1194Highway works.Works Nos. 16 and 16C
Simone Gardens1198Highway works.Work No.16
Lanthwaite Road1201 & 1202Highway works.Works Nos. 16 and 16C
Southchurch Drive1212Realign access ramp.Works Nos. 16 and 16C
Donington Road1214Highway works.Work No.16
Green Lane1234, 1236, 1237 1239, 1240, 1241 & 1242Highway works and landscaping works.Works Nos. 16 and 16C
Dungannon Road1246Highway works.Work No.17
Whitegate Vale1248Highway works.Work No.17
Southchurch Drive1249, 1252, 1253, 1255, 1257, 1259, 1261, 1265, 1268, 1270, 1272, 1273, 1276, 1278, 1280, 1282, 1284 & 1285Construction of parking bays and realignment of footpath.Work No.17
Southchurch Drive/ Farnborough Road1287, 1289, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302 & 1303Relocation of service access and revised car park layout.Work No.17
Southchurch Drive/ Farnborough Road1290, 1291 & 1292Highway works.Work No.17
Highbank Drive1306Highway works.Work No.17
Chepstow Road1307Highway works.Work No.17
Pastures Avenue1308 & 1309Highway works.Work No.17
Summerwood Lane1310Highway works.Work No.17
Bransdale Lane1312Highway works.Work No.17
Chisbury Green1314Highway works.Work No.17
Nottingham Road/ Clifton Lane1317, 1319 & 1321Highway works and construction working area.Work No.17
Nottingham Road1323 & 1324New footpath.Work No.17B
In the County of Nottinghamshire
Nottingham Road1325Highway works.Work No.18
Barton Lane1335Highway works.Work No.18B
In the City of Nottingham
Barton Lane1331Highway works.Work No.18B
In the County of Nottinghamshire
Queen’s Road West1337, 1338 & 1339Highway works.Not applicable
Queen’s Road1340, 1341, 1342, 1343, 1344 & 1349Highway works.Not applicable
Beeston Sidings1350, 1351 & 1352Reconstruction of existing sidings.Not applicable
In the City of Nottingham
Beeston Sidings1354Reconstruction of existing sidings.Not applicable

Article 50

SCHEDULE 10E+WTRAFFIC REGULATION

InterpretationE+W

In column (1) of each of the tables below, the number before the forward slash refers to the relevant sheet number of the traffic regulation and rights of way plans, and the number after the forward slash refers to the relevant traffic regulation reference number shown on that sheet. In the event of there being any discrepancy between a provision in this Schedule and the illustration of that provision shown on the traffic regulation and rights of way plans, this Schedule prevails.

PART 1E+WSTOPPING, WAITING, LOADING OR UNLOADING

Commencement Information

I23Sch. 10 Pt. 1 in force at 9.6.2009, see art. 1

(1) No waiting and no loading at any time

(1)(2)(3)(4)
No.RoadExtentNotes
1/1.1Toton LaneEast side from its junction with the A52 roundabout in a south-easterly direction for a distance of 430 metresTo maintain vehicular flow
1/1.2Toton LaneWest side from its junction with the A52 roundabout in a south-easterly direction for a distance of 430 metresTo maintain vehicular flow
1/1.3Access road to the tram Park & Ride site off Toton LaneBoth sides from its junction with Toton Lane in an easterly direction for a distance of 25 metresTo maintain vehicular flow
2/1.5Inham RoadEast side from a point 90 metres south of Valley Road in a southerly direction for a distance of 42 metresTo maintain vehicular flow
2/1.7Inham RoadWest side from a point 81 metres south of Valley Road in a southerly direction for a distance of 52 metresTo maintain vehicular flow
3/1.9Bramcote LaneEast side from a point 80 metres north of Hall Drive in a northerly direction for a distance of 24 metresTo maintain vehicular flow
3/1.11Bramcote LaneWest side from its junction with Sandby Court in a southerly direction for a distance of 50 metresTo maintain vehicular flow
4/1.14Cator LaneEast side from a point 61 metres north of Brookland Drive in a northerly direction for a distance of 55 metresTo maintain vehicular flow
4/1.16Cator LaneWest side from a point 60 metres north of Brookland Drive in a northerly direction for a distance of 65 metresTo maintain vehicular flow
4/1.336New road off Cator Lane some 95 metres to the northwest of Brooklands DriveBoth sides from its junction with Cator Lane in an easterly direction for a distance of 114 metresTo protect tramway operation
5/1.17College entrance road, off High RoadBoth sides from its junction with High Road in a north-westerly direction for a distance of 15 metresTo maintain visibility
5/1.148High RoadSouth-east side from a point 50 metres south-west of its junction with Holly Lane, in a north-easterly direction to a point 115 metres north-east of that junction, a total distance of 165 metresTo maintain visibility
5/1.150High RoadNorth side from a point 91 metres north-east of its junction with Bridge Avenue in a north-easterly direction to a point 5 metres north-east of its junction with Park Road, a total distance of 163 metresTo maintain visibility. Subject to 5/3.6
5 & 6/1.155Chilwell RoadNorth-west side from a point 104 metres south-west of its junction with Imperial Road in a north-easterly direction to a point 35 metres south-west of its junction with Foster Avenue, a total distance of 455 metresTo maintain visibility. Subject to 5/3.8
5 & 6/1.156Chilwell RoadSouth-east side from a point 56 metres south-west of its junction with Ellis Grove (south-western arm), in a north-easterly direction to a point 35 metres north-east of its junction with Middle StreetTo maintain visibility. Subject to 5/3.10
6/1.19Middle StreetSouth side from its junction with Chilwell Road in a south-easterly direction for a distance of 49 metresTo maintain vehicular flow
6/1.20Middle StreetNorth side from its junction with Chilwell Road in a south-easterly direction for a distance of 45 metresTo maintain vehicular flow
6/1.21Devonshire AvenueSouth-west side from its junction with Chilwell Road in a north-westerly direction for a distance of 42 metresTo maintain visibility
6/1.22Devonshire AvenueNorth-east side from its junction with Chilwell Road in a north-westerly direction for a distance of 27 metresTo maintain visibility
6/1.23Middle StreetNorth-west side from a point 40 metres south-west of Styring Street in a north-easterly direction for a distance of 55 metresTo maintain vehicular flow
6/1.25New access road (and tram route) between Styring Street and Chilwell RoadBoth sides along its entire lengthTo maintain vehicular flow
6/1.26Styring StreetBoth sides from its junction with Middle Street in a north-westerly direction for a distance of 160 metresTo maintain vehicular flow
6/1.27Hallam RoadBoth sides from its junction with Middle Street in a south-easterly direction for a distance of 12 metresTo maintain visibility
6/1.29Moore GateWest side from its junction with Middle Street in a south-easterly direction for a distance of 5 metresTo maintain visibility
6/1.30Moore GateEast side from its junction with Middle Street in a south-easterly direction for a distance of 9 metresTo maintain visibility
6/1.31Station RoadBoth sides from its junction with Middle Street in a south-easterly direction for a distance of 20 metresTo maintain vehicular flow
6/1.33New egress to Union StreetWest side from its junction with Middle Street in a north-westerly direction for a distance of 30 metresTo maintain visibility
6/1.34New egress to Union StreetEast side from its junction with Middle Street in a north-westerly direction for a distance of 20 metresTo maintain visibility
6/1.35Station RoadWest side from its junction with Middle Street in a north-westerly direction for a distance of 46 metresTo maintain visibility
6/1.36Station RoadNorth-east side from its junction with Middle Street in a north-westerly direction for a distance of 43 metresTo maintain visibility
6/1.162Chilwell Road (new turning loop south-west of Foster Avenue)Both sides from a point 40 metres south-west of the junction of Chilwell Road and Foster Avenue in a south-westerly and north-easterly direction for a distance of 30 metresTo maintain visibility
6/1.343Chilwell RoadSouth-east side from a point 53 metres north-east of its junction with Middle Street in a north-easterly direction to its junction with Foster Avenue, a distance of 85 metresTo maintain vehicular flow
6/1.344Middle StreetNorth-west side from a point 55 metres north-east of its junction with Styring Street in a north-easterly direction to a point 15 metres east of its junction with Regent Street, a distance of 370 metresTo maintain vehicular flow
6/1.350Foster AvenueBoth sides from its junction with Chilwell Road in a north-westerly direction for a distance of 40 metresTo maintain vehicular flow
6 & 7/1.24Middle StreetSouth side from a point 38 metres west of Styring Street in a north-easterly and easterly direction to its junction with Humber Road, a distance of 652 metresTo maintain vehicular flow
7/1.44Humber RoadBoth sides from its junction with Fletcher Road in a south-easterly direction for a distance of 28 metresTo maintain visibility
7/1.46Humber RoadBoth sides from its junction with Fletcher Road in a north-westerly direction for a distance of 25 metresTo maintain visibility
7/1.48Fletcher RoadBoth sides from its junction with Humber Road in a north-easterly direction for a distance of 249 metres including the turning headTo maintain vehicular flow. Subject to 7/7.42, 7/7.43, 7/7.44, 7/7.49, 7/7.50 & 7/7.51
7/1.50Queen’s Road EastWest side from its junction with University Boulevard in a southerly direction for a distance of 107 metresTo maintain vehicular flow
7/1.51Queen’s Road EastEast side from its junction with University Boulevard in a southerly direction for a distance of 107 metresTo maintain vehicular flow
7/1.53University BoulevardSouth side from a point 65 metres north-west of its junction with Queen’s Road East in a south-easterly and easterly direction for a distance of 161 metresTo maintain vehicular flow
7/1.54University BoulevardNorth side from a point 65 metres north-west of its junction with Queen’s Road East in a south-easterly and easterly direction for a distance of 174 metresTo maintain vehicular flow
7/1.59Lower RoadBoth sides from a point 107 metres north-east of Lower Court in a south-westerly direction for a distance of 200 metres including the turning headTo maintain visibility. Subject to 7/7.45, 7/7.46 & 7/7.47
8/1.60Access road to University Sports GroundBoth sides from its junction with University Boulevard in a south-easterly direction for a distance of 36 metresTo maintain vehicular flow
8/1.63University BoulevardSouth-east side from a point 38 metres south-west of the access road to University Sports Ground in a north-easterly direction for a distance of 107 metresTo maintain visibility
8/1.222University BoulevardNorth-west side from a point 105 metres south-west of the un-named access road to University Park in a north-easterly direction for a distance of 120 metresTo maintain vehicular flow
9/1.225University Boulevard (north-east bound carriageway)North-west side from its junction with East Drive in a south-westerly direction for a distance of 185 metresTo maintain vehicular flow
9/1.228East DriveBoth sides from its junction with University Boulevard in a north-westerly direction for a distance of 40 metresTo maintain vehicular flow
9/1.230Beeston Road (north-east bound carriageway)North-west side from its junction with East Drive in a north-easterly direction for a distance of 50 metresTo maintain vehicular flow
9/1.232Beeston Road (south-west bound carriageway)South-east side from its junction with Science Park access road in a north-easterly direction for a distance of 25 metresTo maintain vehicular flow
9/1.236South-eastern access to Tennis CentreBoth sides from its junction with University Boulevard in a south-westerly direction for a distance of 35 metresTo maintain vehicular flow
9/1.238Science Park access roadNorth-east side from its junction with Beeston Road/University Boulevard in a south-easterly direction for a distance of 70 metresTo maintain vehicular flow
9/1.239University Boulevard (south-west bound carriageway)South-east side from its junction with Beeston Road/University Boulevard in a south-westerly direction for a distance of 185 metresTo maintain vehicular flow
9/1.245Science Park/Tennis Centre access road onto University BoulevardBoth sides from its junction with University Boulevard in a south-easterly direction for a distance of 33 metresTo maintain vehicular flow
9/1.351Science Park access roadSouth-west side from its junction with Beeston Road/University Boulevard in a south-easterly direction for a distance of 55 metres.To maintain vehicular flow
10/1.65Abbey StreetEast side from a point 25 metres south of its junction with Priory Street in a northerly direction for a distance of 35 metresTo maintain vehicular flow
10/1.68Abbey StreetWest side from a point 26 metres south of its junction with Priory Street in a northerly direction for a distance of 180 metresTo maintain vehicular flow
10/1.76Gregory Street (NW)North side from its junction with Abbey Bridge/Abbey Street in a north-westerly direction for a distance of 50 metresTo maintain vehicular flow
10/1.77Gregory Street (NW)South side from its junction with Abbey Bridge/Abbey Street in a north-westerly direction for a distance of 51 metresTo maintain vehicular flow
10/1.78Leen GateBoth sides from its junction with Gregory Street in a westerly direction for a distance of 6 metresTo maintain visibility
10/1.80Abbey BridgeNorth-west side from its junction with Gregory Street in a north-easterly direction for a distance of 100 metresTo maintain vehicular flow
10/1.81Abbey BridgeSouth-east side from its junction with Gregory Street in a north-easterly direction for a distance of 36 metresTo maintain vehicular flow
10/1.345Abbey StreetEast side from a point 30 metres north of its junction with Priory Street in a northerly direction to its junction with Gregory Street, a distance of 115 metresTo maintain vehicular flow
10 & 11/1.72Gregory Street (E)South side from its junction with Abbey Bridge/Abbey Street in a south-easterly and easterly direction for a distance of 251 metresTo maintain vehicular flow
10 & 11/1.75Gregory Street (E)North side from its junction with Abbey Bridge/Abbey Street in a south-easterly direction for a distance of 233 metresTo maintain vehicular flow
11/1.185Lenton LaneSouth-west side from its junction with Gregory Street (at Clayton’s Bridge) in a south-easterly direction for a distance of 355 metresTo maintain visibility
11/1.186Lenton LaneNorth-east side from its junction with Gregory Street (at Clayton’s Bridge) in a south-easterly direction for a distance of 360 metresTo maintain visibility
11/1.346Un-named works access some 35 metres south-east of Willow Road and on the opposite side of Lenton LaneBoth sides from its junction with Lenton Lane in a north-easterly direction for a distance of 13 metresTo maintain vehicular flow
12/1.87Northern approach road to King’s Meadow Road roundaboutBoth sides from its junction with the roundabout in a northerly direction for a distance of 14 metresTo maintain vehicular flow
12/1.89King’s Meadow Road roundaboutThe entire length of carriageway on the outside of the roundaboutTo maintain vehicular flow
12/1.91King’s Meadow RoadNorth side from its junction with King’s Meadow Road roundabout in an easterly direction for a distance of 152 metresTo maintain vehicular flow
12/1.92King’s Meadow RoadSouth side from its junction with King’s Meadow Road roundabout in an easterly direction for a distance of 152 metresTo maintain vehicular flow
12/1.94Southern approach road to King’s Meadow Road roundaboutBoth sides from its junction with the roundabout in a southerly direction for a distance of 22 metresTo maintain vehicular flow
12/1.95King’s Meadow RoadSouth side from its junction with the roundabout (180 metres west of Queen’s Drive) in a westerly and south-westerly direction to the new car park entrance, a distance of 340 metresTo maintain vehicular flow
12/1.96King’s Meadow RoadNorth side from its junction with the roundabout (180 metres west of Queen’s Drive) in a westerly and south-westerly direction to the new car park entrance, a distance of 350 metresTo maintain vehicular flow
12/1.97Access road off King’s Meadow Road some 85 metres west of Queen’s DriveBoth sides from its junction with King’s Meadow Road, in a north-easterly direction for a distance of 30 metresTo maintain vehicular flow
12/1.100Queen’s DriveWest side from a point 67 metres south of its junction with King’s Meadow Road in a northerly direction for a distance of 162 metresTo maintain vehicular flow
12/1.102Queen’s DriveEast side from a point 61 metres south of its junction with King’s Meadow Road in a northerly direction for a distance of 106 metresTo maintain vehicular flow
12, 13 & 14/1.103Meadows WayEast side from a point 45 metres south of its junction with Saffron Gardens in a northerly and easterly direction for a distance of 1073 metres, to a point 260 metres east of Sheriffs WayTo maintain vehicular flow. Subject to 13/6.3, 13/6.4, 13/6.5 & 13/6.6
12, 13 & 14/1.104Meadows WayWest side from a point 38 metres north of its junction with Risley Drive, in a northerly and easterly direction for a distance of 1068 metres, to a point 200 metres east of Sheriffs WayTo maintain vehicular flow
14/1.105Sheriffs WayWest side from its junction with Meadows Way in a southerly direction for a distance of 55 metresTo maintain vehicular flow
14/1.106Sheriffs WayEast side from its junction with Meadows Way in a southerly direction for a distance of 53 metresTo maintain vehicular flow
14/1.111Arkwright Street (New alignment)Both sides from its junction with Crocus Street in a southerly direction to its junction with Meadows WayTo maintain vehicular flow
15/1.113Queen’s WalkWest side from its junction with Riverside Way in a north-easterly and north-westerly direction for a distance of 65 metresTo maintain vehicular flow
15/1.114Riverside WayNorth side from its junction with Queen’s Walk in a westerly direction for a distance of 92 metresTo maintain vehicular flow
15/1.115Victoria EmbankmentBoth sides from its junction with Riverside Way in a south-easterly direction for a distance of 10 metresTo maintain vehicular flow
15/1.117Robin Hood WayNorth side from a point 62 metres east of Mickleden Close in an easterly direction for a distance of 74 metresTo maintain vehicular flow
15/1.118Robin Hood WaySouth side from a point 60 metres west of Osier Road in a westerly direction for a distance of 78 metresTo maintain vehicular flow
15/1.216Riverside WaySouth-west side from its junction with Queen’s Walk in a south-westerly direction for a distance of 40 metresTo maintain vehicular flow
16/1.119Coronation AvenueBoth sides from a point 33 metres south-east of Vernon Avenue in a south-easterly direction for a distance of 57 metresTo maintain vehicular flow
18/1.123Wilford LaneNorth side from a point 76 metres east of Ashdown Close in an easterly direction for a distance of 46 metresTo maintain vehicular flow
18/1.124Wilford LaneSouth side from a point 76 metres east of Ashdown Close in an easterly direction for a distance of 46 metresTo maintain vehicular flow
19/1.127Ruddington LaneWest side from a point 45 metres south of Fieldway in a southerly and south-easterly direction for a distance of 171 metresTo maintain vehicular flow
19/1.128Ruddington LaneEast side from a point 45 metres south of Fieldway in a southerly and south-easterly direction for a distance of 169 metresTo maintain vehicular flow
21/1.132Farnborough RoadNorth-east side from its junction with Southchurch Drive in a north-westerly direction for a distance of 55 metresTo maintain vehicular flow
21/1.133Farnborough RoadWest side from its junction with Southchurch Drive in a northerly direction for a distance of 55 metresTo maintain vehicular flow
21/1.253Farnborough RoadSouth-west side from a point 36 metres south-east of Brooksby Lane in a north-westerly direction for a distance of 105 metresTo maintain vehicular flow
21/1.254Farnborough RoadSouth-east side from a point 36 metres south-east of Brooksby Lane in a south-easterly direction for a distance of 115 metresTo maintain vehicular flow
21 & 22/1.134Southchurch DriveWest side from its junction with Farnborough Road in a south-westerly and southerly direction for a distance of 1152 metres to its junction with Green LaneTo maintain vehicular flow. Subject to 22/5.10, 21/7.10, 21/7.11, 21/7.12, 21/7.13, 21/7.14, 21/7.15 & 21/7.59
21 & 22/1.255Southchurch DriveEast side from its junction with Farnborough Road in a south-westerly and southerly direction for a distance of 1155 metres to its junction with Green LaneTo maintain vehicular flow. Subject to 22/5.3, 22/5.8, 22/5.11, 21/7.63, 21/7.4, 21/7.5, 21/7.6, 21/7.7, 21/7.8 & 21/7.9
22/1.352Access road linking Green Lane and Southchurch Drive to Donington RoadBoth sides from its junction with Southchurch Drive and Green Lane, in a north-westerly direction for a distance of 13 metresTo maintain vehicular flow
22/1.135Green LaneNorth side from its junction with Southchurch Drive in a westerly direction for a distance of 39 metresTo maintain vehicular flow
22/1.136Green LaneSouth side from its junction with Southchurch Drive in a westerly direction for a distance of 46 metresTo maintain vehicular flow
22/1.137Green LaneNorth side from its junction with Southchurch Drive in an easterly direction for a distance of 51 metresTo maintain vehicular flow
22/1.138Green LaneSouth side from its junction with Southchurch Drive in an easterly direction for a distance of 39 metresTo maintain vehicular flow
22 & 23/1.289Southchurch DriveSouth-east side from its junction with Green Lane in a south-westerly and southerly direction for a distance of 577 metres to its junction with Farnborough RoadTo maintain vehicular flow. Subject to 23/7.26, 23/7.27, 23/7.28, 23/7.29, 23/7.30 & 23/7.31
22 & 23/1.292Southchurch DriveNorth-west side from its junction with Green Lane in a south-westerly and southerly direction for a distance of 577 metres to its junction with Farnborough RoadTo maintain vehicular flow. Subject to 23/7.18, 23/7.19, 23/7.20, 23/7.21, 23/7.22, 23/7.24, 23/7.25 & 23/7.53
23/1.139Farnborough RoadNorth side from a point 48 metres east of its junction with Southchurch Drive in an easterly direction for a distance of 38 metresTo maintain vehicular flow
23/1.309Farnborough RoadSouth side from its junction with Southchurch Drive in an easterly direction for a distance of 90 metresTo maintain vehicular flow
23/1.333Farnborough Road Service Road (adjacent to Holy Trinity church)South side from the point where the eastern end of the Service Road joins Farnborough Road, for a distance of 15 metres in a westerly directionTo maintain vehicular flow
23/1.334Farnborough Road Service Road (adjacent to Holy Trinity church)North and north-east sides between its junctions with Farnborough Road at its eastern and north-western ends, for a distance of 57 metresTo maintain vehicular flow
23/1.335Farnborough Road Service Road (adjacent to Holy Trinity church)South-east side from the point where the north-western end of the Service Road joins Farnborough Road, for a distance of 14 metres in a south-easterly directionTo maintain vehicular flow
23 & 24/1.310Farnborough RoadNorth side from its junction with Clifton Lane in an easterly direction for a distance of 661 metres to its junction with Southchurch DriveTo maintain vehicular flow. Subject to 24/7.37, 24/7.40 & 24/7.41
23 & 24/1.311Farnborough RoadSouth side from its junction with Clifton Lane in an easterly direction for a distance of 623 metres to its junction with Southchurch DriveTo maintain vehicular flow. Subject to 23 & 24/7.32, 24/7.33, 24/7.34, 24/7.64 & 24/7.35
24 & 25/1.348Nottingham RoadBoth sides from its junction with Farnborough Road for a distance of 82 metres in a southerly directionTo maintain visibility
24/1.349Nottingham RoadBoth sides from its junction with Farnborough Road for a distance of 60 metres in a northerly directionTo maintain visibility

(2) No waiting at any time

(1)(2)(3)(4)
No.RoadExtentNotes
1/2.215Access road to the tram Park & Ride site off Toton LaneBoth sides from a point 25 metres east of its junction with Toton Lane, in a north-easterly direction for a distance of 65 metresTo keep bus route clear
1/2.216Bus route within the tram Park & Ride site off Toton LaneNorth, east and south sides from a point 100 metres east of its junction with Toton Lane, in an easterly, southerly and westerly direction for a distance of 270 metresTo keep bus route clear
1/2.217Bus route within the tram Park & Ride site off Toton LaneWest side, from a point 85 metres east of its junction with Toton Lane in a southerly direction for a distance of 80 metresTo keep bus route clear
2/2.1Inham RoadEast side from a point 44 metres south of Valley Road in a southerly direction for a distance of 46 metresTo maintain vehicular flow
2/2.2Inham RoadEast side from a point 132 metres south of Valley Road in a southerly direction for a distance of 28 metresTo maintain vehicular flow
2/2.3Inham RoadWest side from a point 42 metres south of Valley Road in a southerly direction for a distance of 39 metresTo maintain vehicular flow
2/2.4Inham RoadWest side from a point 133 metres south of Valley Road in a southerly direction for a distance of 29 metresTo maintain vehicular flow
3/2.5Sandby CourtBoth sides from its junction with Bramcote Lane in a westerly direction for a distance of 15 metresTo maintain vehicular flow
3/2.8Bramcote LaneEast side from a point 104 metres north of the junction with Hall Drive in a northerly direction for a distance of 32 metresTo maintain vehicular flow
3/2.199Bramcote LaneEast side from a point 60 metres north of the junction with Hall Drive in a northerly direction for a distance of 20 metresTo maintain vehicular flow
4/2.183Cator LaneWest side from a point 125 metres north-west of Brookland Drive in a north-westerly direction for a distance of 10 metresTo maintain vehicular flow
4/2.184Cator LaneEast side from a point 120 metres north-west of Brookland Drive in a north-westerly direction for a distance of 13 metresTo maintain vehicular flow
4/2.185Cator LaneWest side from a point 50 metres north-west of Brookland Drive in a north-westerly direction for a distance of 10 metresTo maintain vehicular flow
4/2.186Cator LaneEast side from a point 51 metres north-west of Brookland Drive in a north-westerly direction for a distance of 10 metresTo maintain vehicular flow
5/2.14Un-named road adjoining south side of High Road, some 97 metres south-west of Holly LaneBoth sides from its junction with High Road in a south-easterly direction for a distance of 10 metresTo maintain visibility
5/2.16Un-named road (depot access) adjoining south side of High Road, some 55 metres south-west of Holly LaneBoth sides from its junction with High Road in a south-east and southerly direction for a distance of 10 metresTo maintain visibility
5/2.18Holly LaneBoth sides from its junction with High Road in a south-easterly direction for a distance of 10 metresTo maintain visibility
5/2.20Wilmot Lane (new alignment)West side from its junction with High Road in a south-easterly direction for a distance of 15 metresTo maintain visibility
5/2.21Wilmot Lane (new alignment)East side from its junction with High Road in a south-easterly direction for a distance of 10 metresTo maintain visibility
5/2.22Ellis Grove (south-western arm)West side from its junction with Chilwell Road in a south-easterly direction for a distance of 15 metresTo maintain visibility
5/2.23Ellis Grove (south-western arm)East side from its junction with Chilwell Road in a south-easterly direction for a distance of 11 metresTo maintain visibility
5/2.24Ellis Grove (north-eastern arm)West side from its junction with Chilwell Road in a south-easterly direction for a distance of 12 metresTo maintain visibility
5/2.25Ellis Grove (north-eastern arm)East side from its junction with Chilwell Road in a south-easterly direction for a distance of 12 metresTo maintain visibility
5/2.26Un-named access road to car park, south-east side of Chilwell RoadSouth-west side from its junction with Chilwell Road in a south-easterly direction for a distance of 43 metresTo maintain visibility
5/2.28Imperial RoadEast side from its junction with Chilwell Road in a north-westerly direction for a distance of 7 metresTo maintain visibility
5/2.29Imperial RoadWest side from its junction with Chilwell Road in a north-westerly direction for a distance of 13 metresTo maintain visibility
5/2.30Park RoadBoth sides from its junction with High Road in a north-westerly direction for a distance of 8 metresTo maintain visibility
5/2.32Grove AvenueBoth sides from its junction with High Road in a north-westerly direction for a distance of 10 metresTo maintain visibility
5/2.34High RoadNorth side from a point 42 metres north-east of Bridge Avenue in a north-easterly direction for a distance of 49 metresNo loading7.30am-9.30amMon-Fri
5/2.35Un-named access roadBoth sides from its junction with High Road, 27 metres south-west of Park Road in a north-westerly direction for a distance of 8 metresTo maintain visibility
5/2.9High RoadSouth side from a point 25 metres north-east of Bridge Avenue in a north-easterly direction for a distance of 96 metresNo loading4.00pm-6.00pmMon-Fri
5/2.174Chilwell RoadNorth side from a point 29 metres north-east of Park Road in a north-easterly direction for a distance of 7 metresTo protect the access road
5/2.207Un-named access road to car park, south-east side of Chilwell RoadNorth-east side from its junction with Chilwell Road in a south-easterly direction for a distance of 30 metresTo maintain visibility
6/2.37Willoughby StreetBoth sides from its junction with Middle Street in a north-westerly direction for a distance of 10 metresTo maintain visibility
6/2.40City RoadBoth sides from its junction with Middle Street in a north-westerly direction for a distance of 17 metresTo maintain visibility
6/2.41Regent StreetBoth sides from its junction with Middle Street in a north-westerly direction for a distance of 26 metresTo maintain visibility
6/2.43Un-named access road leading to Day CentreEast side from its junction with Middle Street in a south and south-easterly direction for a distance of 7 metresTo maintain visibility
6/2.44Un-named access road leading to Three Horseshoes public houseWest side from its junction with Middle Street in a southerly and south-westerly direction for a distance of 16 metresTo maintain visibility
6/2.45Un-named access road leading to Three Horseshoes public houseSouth side from a point 11 metres south-east of Middle Street in a north-easterly and south-easterly direction for a distance of 11 metresTo maintain visibility
6/2.47The CityWest side from a point 35 metres north of its junction with City Road in a northerly direction for a distance of 23 metresTo maintain visibility
6/2.48The CitySouth-east side from a point 35 metres north of its junction with City Road in a northerly direction for a distance of 17 metresTo maintain visibility
6/2.49City RoadBoth sides from its junction with Middle Street in a south-easterly direction for a distance of 9 metresTo maintain visibility
6/2.175Middle StreetSouth side from a point 49 metres south-east of its junction with Chilwell Road in a south-easterly direction for a distance of 40 metresNo loading7.30am-9.30am and 4.00pm-6.00pmMon-Fri
6/2.176Middle StreetNorth side from a point 45 metres south east of its junction with Chilwell Road in a south-easterly direction for a distance of 29 metresNo loading7.30am-9.30am and 4.00pm-6.00pmMon-Fri
6/2.177Station RoadSouth-west side from a point 20 metres south-east of its junction with Middle Street in a south-easterly direction for a distance of 55 metresNo loading7.30am-9.30am and 4.00pm-6.00pmMon-Fri
6/2.178Station RoadNorth-east side from a point 20 metres south-east of its junction with Middle Street in a south-easterly direction for a distance of 44 metresNo loading7.30am-9.30am and 4.00pm-6.00pmMon-Fri
6/2.179New access roadNorth side from its junction with Foster Avenue in a north-easterly direction for a distance of 64 metresTo maintain vehicular flow
6/2.181New access roadSouth side from its junction with Foster Avenue in a north-easterly direction for a distance of 9 metresTo maintain vehicular flow
6/2.187Foster AvenueSouth-west side from a point 68 metres north-west of its junction with Chilwell Road in a south-easterly direction for a distance of 35 metresTo maintain vehicular flow
6/2.188Foster AvenueNorth-east side from a point 68 metres north-west of its junction with Chilwell Road in a south-easterly direction for a distance of 28 metresTo maintain vehicular flow
6/2.208New access road (between Foster Avenue and Wollaton Road)South-east side from its junction with Wollaton Road in a south-westerly direction for a distance of 62 metresTo maintain visibility
6/2.209New access road (between Foster Avenue and Wollaton Road)North-west side from its junction with Wollaton Road in a south-westerly direction for a distance of 8 metresTo maintain visibility
7/2.51Un-named cul-de-sac serving 14-32 Fletcher RoadBoth sides from its junction with Fletcher Road in a south-easterly direction for a distance of 12 metresTo maintain visibility
7/2.55Lower RoadWest side from its junction with University Boulevard in a southerly direction for a distance of 47 metresTo maintain traffic flow
7/2.56Queen’s Road EastWest side from a point 107 metres south of University Boulevard in a southerly direction for a distance of 54 metresTo apply7.30am-9.30am and 4.00pm-6.00pmMon-Fri
7/2.57Queen’s Road EastEast side from a point 107 metres south of University Boulevard in a southerly direction for a distance of 52 metresTo apply7.30am-9.30am and 4.00pm-6.00pmMon-Fri
7/2.58Lower RoadEast side from its junction with University Boulevard in a southerly direction for a distance of 40 metresTo maintain traffic flow
7/2.59Albert RoadBoth sides from its junction with Lower Road in a north-westerly direction for a distance of 8 metresTo maintain visibility
7/2.61Lower CourtBoth sides from its junction with Lower Road in a north-westerly direction for a distance of 8 metresTo maintain visibility
7/2.200University BoulevardBoth sides from a point 65 metres north-west of its junction with Queen’s Road East in a north-westerly direction for a distance of 21 metresTo maintain vehicular flow
9/2.212Beeston RoadSouth-east side from a point 35 metres north-east of its junction with Science Park access road in a north-easterly direction for a distance of 50 metresTo maintain vehicular flow
10/2.211Abbey BridgeSouth-east side from a point 36 metres north-east of its junction with Gregory Street in a north-easterly direction for a distance of 42 metresTo maintain vehicular flow
11/2.65Claytons DriveBoth sides from its junction with Gregory Street, in a south-westerly direction for a distance of 7 metresTo maintain visibility
11/2.67Willow RoadBoth sides from its junction with Lenton Lane in a south-westerly direction for a distance of 8 metresTo maintain visibility
11/2.69Un-named access road leading to The PoplarsBoth sides from its junction with Lenton Lane in a north-easterly direction for a distance of 9 metresTo maintain visibility
11/2.71Un-named works access some 35 metres south-east of Willow Road and on the opposite side of Lenton LaneEast side from a point 13 metres north-east of its junction with Lenton Lane in a north-easterly direction for a distance of 13 metresTo maintain visibility
11/2.72Un-named works access some 35 metres south-east of Willow Road and on the opposite side of Lenton LaneWest side from a point 13 metres north-east of its junction with Lenton Lane in a north-easterly direction for a distance of 12 metresTo maintain visibility
12/2.76Saffron GardensBoth sides from its junction with Meadows Way in a south-easterly direction for a distance of 7 metresTo maintain visibility
12/2.194Access road off King’s Meadow Road some 200 metres west of King’s Meadow Road roundaboutBoth sides from its junction with King’s Meadow Road in a northerly direction for a distance of 6 metresTo maintain visibility
12/2.195Access road off King’s Meadow Road some 295 metres west of King’s Meadow Road roundaboutBoth sides from its junction with King’s Meadow Road in a northerly direction for a distance of 6 metresTo maintain visibility
12/2.210Access road off King’s Meadow Road some 85 metres west of King’s Meadow Road roundaboutBoth sides from its junction with King’s Meadow Road, in a northerly direction for a distance of 6 metresTo maintain visibility
12/2.213Meadows WayEast side from a point 40 metres north of its junction with Risley Drive in a northerly direction for a distance of 40 metresTo maintain vehicular flow
13/2.78Beardsley GardensBoth sides from its junction with Meadows Way in a southerly direction for a distance of 10 metresTo maintain visibility
13/2.80Kelso GardensBoth sides from its junction with Meadows Way in a south-easterly direction for a distance of 8 metresTo maintain visibility
13/2.82Un-named access road to Gritley MewsBoth sides from its junction with Meadows Way in a south-easterly direction for a distance of 12 metresTo maintain visibility
13/2.84CastlefieldsBoth sides from its junction with Meadows Way in an easterly direction for a distance of 7 metresTo maintain visibility
14/2.86Kinglake PlaceBoth sides from its junction with Meadows Way in a southerly direction for a distance of 7 metresTo maintain visibility
15/2.97Queen’s WalkEast side from its junction with Victoria Embankment in a north-easterly direction for a distance of 55 metresTo maintain traffic flow
15/2.102Sweet Leys RoadBoth sides from its junction with the un-named access road to Cremorne Hotel, in a south-easterly direction for a distance of 10 metresTo maintain visibility
15/2.104Carroll GardensBoth sides from its junction with Queen’s Walk in an easterly direction for a distance of 45 metresTo maintain traffic flow
15/2.106Riverside WaySouth side from a point 135 metres south-west of its junction with Victoria Embankment in a south-westerly direction for a distance of 54 metresTo maintain traffic flow
15/2.107Riverside WayNorth side from a point 92 metres south-west of its junction with Queen’s Walk in a south-westerly direction for a distance of 104 metresTo maintain traffic flow
15/2.111North-west bound link road between Riverside Way and Robin Hood WaySouth-west side from its junction with Riverside Way in a north-westerly direction for a distance of 10 metresTo maintain traffic flow
15/2.112North-west bound link road between Riverside Way and Robin Hood WayNorth-east side from its junction with Riverside Way in a north-westerly direction for a distance of 8 metresTo maintain traffic flow
15/2.113South-east bound link road between Riverside Way and Robin Hood WaySouth-west side from its junction with Riverside Way in a north-westerly direction for a distance of 10 metresTo maintain traffic flow
15/2.114South-east bound link road between Riverside Way and Robin Hood WayNorth-east side from its junction with Riverside Way in a north-westerly direction for a distance of 12 metresTo maintain traffic flow
15/2.117Robin Hood WaySouth-east side from a point 122 metres south-west of its junction with Soudan Drive in a south-westerly direction for a distance of 95 metresTo maintain traffic flow
15/2.120Robin Hood WayNorth-west side from a point 122 metres south-west of its junction with Soudan Drive in a south-westerly direction for a distance of 85 metresTo maintain traffic flow
18/2.121Wilford LaneNorth side from a point 15 metres west of its junction with Ashdown Close, in an easterly direction for a distance of 91 metresTo maintain vehicular flow
18/2.122Wilford LaneSouth side from a point 15 metres west of its junction with Ashdown Close in an easterly direction for a distance of 91 metresTo maintain vehicular flow
19/2.125Un-named Industrial Estate access roadBoth sides from its junction with Ruddington Lane in a north-easterly direction for a distance of 24 metresTo maintain vehicular flow
21/2.127Brooksby LaneBoth sides from its junction with Farnborough Road, in a north-easterly direction for a distance of 13 metresTo maintain vehicular flow
21/2.129Farnborough RoadEast side from a point 36 metres south-east of Brooksby Lane, in a south-easterly direction for a distance of 29 metresTo maintain vehicular flow
21/2.130Farnborough RoadWest side from a point 36 metres south-east of Brooksby Lane in a south-easterly direction for a distance of 29 metresTo maintain vehicular flow
21/2.131Dovenby RoadBoth sides from its junction with Southchurch Drive, in a south-easterly direction for a distance of 16 metresTo maintain vehicular flow
21/2.133Entrance to community centre, 60 metres north-west of Varney RoadBoth sides from its junction with Southchurch Drive in a north-westerly direction for a distance of 15 metresTo maintain vehicular flow
21/2.135Varney RoadBoth sides from its junction with Southchurch Drive in a north-westerly direction for a distance of 9 metresTo maintain vehicular flow
21/2.191Un-named access roadBoth sides from the junction with Farnborough Road in a south-westerly direction for a distance of 16 metresTo maintain vehicular flow
21/2.214Farnborough RoadNorth-east side from a point 65 metres north-west of its junction with Southchurch Drive in a north-westerly direction for a distance of 25 metresTo maintain vehicular flow
22/2.137RivergreenBoth sides from its junction with Southchurch Drive in a westerly direction for a distance of 8 metresTo maintain vehicular flow
22/2.139Swansdowne DriveBoth sides from its junction with Southchurch Drive in an easterly direction for a distance of 18 metresTo maintain vehicular flow
22/2.141Simone GardensBoth sides from its junction with Southchurch Drive in a westerly direction for a distance of 7 metresTo maintain vehicular flow
22/2.143Lanthwaite RoadBoth sides from its junction with Southchurch Drive in an easterly direction for a distance of 24 metresTo maintain vehicular flow
22/2.146Donington RoadBoth sides from a point 15 metres west of its junction with Southchurch Drive in a westerly direction for a distance of 22 metresTo maintain vehicular flow
22/2.150Green LaneNorth side from a point 39 metres west of Southchurch Drive in a westerly direction for a distance of 36 metresTo maintain vehicular flow
22/2.151Green LaneSouth side from a point 46 metres west of Southchurch Drive in a westerly direction for a distance of 35 metresTo maintain vehicular flow
22/2.198Southchurch DriveEast side from a point 103 metres north of the junction with Green Lane in a northerly direction for a distance of 8 metresTo protect access to library
23/2.152Un-named access road to Whiteways CourtBoth sides from its junction with Green Lane in a westerly direction for a distance of 7 metresTo maintain vehicular flow
23/2.154Dungannon RoadNorth side from its junction with Southchurch Drive in an easterly direction for a distance of 17 metresTo maintain vehicular flow
23/2.155Dungannon RoadSouth side from its junction with Southchurch Drive in an easterly direction for a distance of 27 metresTo maintain vehicular flow
23/2.156Whitegate ValeBoth sides from its junction with Southchurch Drive in a westerly direction for a distance of 21 metresTo maintain vehicular flow
23/2.158Un-named access to local shopsBoth sides from its junction with Southchurch Drive in a westerly direction for a distance of 10 metresTo maintain vehicular flow
23/2.162Highbank DriveBoth sides from its junction with Farnborough Road in a southerly direction for a distance of 10 metresTo maintain vehicular flow
24/2.164Chepstow RoadBoth sides from its junction with Farnborough Road in a northerly direction for a distance of 7 metresTo maintain vehicular flow
24/2.166Pastures AvenueBoth sides from its junction with Farnborough Road in a southerly direction for a distance of 12 metresTo maintain vehicular flow
24/2.168Summerwood LaneBoth sides from its junction with Farnborough Road in a southerly direction for a distance of 18 metresTo maintain vehicular flow
24/2.170Barnsdale RoadBoth sides from its junction with Farnborough Road, in a northerly direction for a distance of 9 metresTo maintain vehicular flow
24/2.172Chisbury GreenBoth sides from its junction with Farnborough Road in a southerly direction for a distance of 20 metresTo maintain vehicular flow
25/2.203Nottingham RoadEast side from a point 30 metres south of its junction with the new Park & Ride entrance in a northerly direction for a distance of 90 metresTo maintain vehicular flow
25/2.204Nottingham RoadWest side from a point 30 metres south of its junction with the new Park and Ride entrance in a northerly direction for a distance of 90 metresTo maintain vehicular flow
25/2.205Access road to the tram Park & Ride site off Nottingham RoadBoth sides from its junction with Nottingham Road in a north-westerly and north-easterly direction for a distance of 140 metresTo keep bus route clear
25/2.218Bus route in the north-east quadrant of the tram Park & Ride site off Nottingham RoadNorth-west, north-east and south-east sides, from a point 140 metres north-west of Nottingham Road as measured along the carriageway, in a north-easterly, south-easterly and south-westerly direction for a distance of 180 metresTo keep bus route clear
25/2.219Bus route in the north-west quadrant of the tram Park & Ride site off Nottingham RoadNorth-west, north-east, south-east and south-west sides, from a point 510 metres north-east of Green Street as measured along the carriageway, in a north-easterly, south-easterly, south-westerly and north-westerly direction for a distance of 385 metresTo keep bus route clear
25 & 26/2.206Access road from Green Street to the tram Park & Ride site off Nottingham RoadBoth sides from its junction with Green Street in a south-easterly, north-easterly and easterly direction for a distance of 510 metresTo keep bus route clear

(3) Loading bay

(1)(2)(3)(4)
No.RoadExtentNotes
5/3.4Imperial RoadSouth-west side from a point 13 metres north-west of its junction with Chilwell Road in a north-westerly direction for a distance of 8 metresTo provide for local businesses
5/3.5Imperial RoadNorth-east side from a point 7 metres north-west of its junction with Chilwell Road in a north-westerly direction for a distance of 7 metresTo provide for local businesses
5/3.6High RoadNorth side from a point 5 metres south-west of its junction with Grove Avenue in a south-westerly direction for a distance of 28 metresTo provide for local businesses
5/3.7High RoadNorth side from a point 8 metres north-east of its junction with Park Road in a north-easterly direction for a distance of 21 metresTo provide for local businesses
5/3.8Chilwell RoadNorth side from a point 66 metres north-east of its junction with Imperial Road in a north-easterly direction for a distance of 53 metresTo provide for local businesses
5/3.9High RoadSouth-east side from a point 7 metres north-east of its junction with Holly Lane in a north-easterly direction for a distance of 14 metresTo provide for local businesses
5/3.10Chilwell RoadSouth side between the two arms of its junction with Ellis GroveTo provide for local businesses
5/3.11Chilwell RoadSouth side from the junction with Chilwell Road Methodist Church access road in a south-westerly direction for a distance of 27 metresTo provide for local businesses
5/3.14High Road/Chilwell RoadNorth side from a point 36 metres north-east of its junction with Park Road in a north-easterly direction for a distance of 20 metresTo provide for local businesses
5/3.17Un-named access road to car park, south-east side of Chilwell RoadNorth-east side from a point 37 metres south-east of its junction with Chilwell Road in a south-easterly direction for a distance of 6 metresTo provide for local businesses
6/3.13Middle StreetNorth side from a point 15 metres north-east of its junction with Styring Street in a north-easterly direction for a distance of 40 metresTo provide for local businesses
10/3.16Abbey StreetEast side from a point 10 metres north of its junction with Priory Street in a northerly direction for a distance of 20 metresTo provide for local businesses

PART 2E+WPARKING PLACES

Commencement Information

I24Sch. 10 Pt. 2 in force at 9.6.2009, see art. 1

(4) Designated parking

(1)(2)(3)(4)
No.RoadExtentNotes
5/4.3Un-named access road to car park, south-east side of Chilwell RoadNorth-east side from a point 30 metres south-east of its junction with Chilwell Road in a south-easterly direction for a distance of 7 metresTo provide parking for disabled drivers or passengers
6/4.2New access road (between Foster Avenue and Wollaton Road)South-east side from a point 34 metres north-east of Foster Avenue in a north-easterly direction for a distance of 7 metresTo provide parking for disabled drivers or passengers.To apply 8.00am-6.00pm Mon-Sat.Waiting limited to 3 hours, no return within 1 hour.
12/4.4Meadows WayEast side from a point 45 metres south of its junction with Saffron Gardens in a southerly direction for a distance of 30 metresParking for police vehicles only
22/4.1Southchurch DriveWest side from a point 94 metres north of its junction with Green Lane in a northerly direction for a distance of 18 metresTo provide parking for disabled drivers or passengers

(5) Timed parking, Mon-Sat 8.00am-6.00pm

(1)(2)(3)(4)
No.RoadExtentNotes
5/5.1Imperial RoadSouth-west side from its junction with Gladstone Street in a south-easterly direction for a distance of 24 metres1hr limit
5/5.2Imperial RoadNorth-east side from its junction with Gladstone Street in a south-easterly direction for a distance of 35 metres1hr limit
15/5.9Riverside WaySouth-east side from a point 90 metres south-west of Queen’s Walk in a south-westerly direction for a distance of 45 metres2hr limit
22/5.3Southchurch DriveEast side from a point 67 metres north of its junction with Green Lane in a northerly direction for a distance of 36 metres1hr limit
22/5.4Southchurch DriveWest side from a point 68 metres north of its junction with Green Lane in a northerly direction for a distance of 26 metres1hr limit
22/5.8Southchurch DriveEast side from a point 20 metres north of its junction with Green Lane in a northerly direction for a distance of 44 metres1hr limit
22/5.5Southchurch DriveWest side from a point 21 metres north of its junction with Green Lane in a northerly direction for a distance of 44 metres1hr limit
22/5.10Southchurch DriveWest side from a point 88 metres south of Rivergreen in a southerly direction for a distance of 48 metresTo provide parking facilities
22/5.11Southchurch DriveEast side from a point 27 metres north of Swansdowne Drive in a northerly direction for a distance of 40 metresTo provide parking facilities
24/5.6Farnborough RoadNorth side from a point 12 metres east of Bransdale Road in an easterly direction for a distance of 26 metres1hr limit

(6) Permit parking

(1)(2)(3)(4)
No.RoadExtentNotes
6/6.0New access road (between Foster Avenue and Wollaton Road)North-west side from a point 8 metres south-west of its junction with Wollaton Road, in a south-westerly direction for a distance of 31 metresTo provide parking facilities
6/6.1New access road (between Foster Avenue and Wollaton Road)South-east side from a point 9 metres north-east of its junction with Foster Avenue, in a north-easterly direction for a distance of 25 metresTo provide parking facilities
6/6.2Chilwell RoadSouth-east side from a point 35 metres north-east of its junction with Middle Street in a north-easterly direction for a distance of 18 metresTo provide parking facilities
13/6.3Meadows WaySouth side from a point 23 metres north-east of the junction with Saffron Gardens in a north-easterly direction for a distance of 40 metresTo provide parking facilities
13/6.4Meadows WaySouth side from a point 72 metres north-east of the junction with Saffron Gardens in a north-easterly direction for a distance of 35 metresTo provide parking facilities
13/6.5Meadows WaySouth side from a point 17 metres west of the junction with Beardsley Gardens in a westerly direction for a distance of 32 metresTo provide parking facilities
13/6.6Meadows WaySouth side from a point 38 metres east of the junction with Kelso Gardens in an easterly direction for a distance of 59 metresTo provide parking facilities

(7) Unrestricted parking (No Traffic Regulation applies)

(1)(2)(3)(4)
No.RoadExtentNotes
7/7.42Fletcher RoadNorth-west side from a point 29 metres north-east of its junction with Humber Road in a north-easterly direction for a distance of 54 metresTo provide parking facilities
7/7.43Fletcher RoadNorth-west side from a point 88 metres north-east of its junction with Humber Road in a north-easterly direction for a distance of 50 metresTo provide parking facilities
7/7.44Fletcher RoadNorth-west side from a point 143 metres north-east from its junction with Humber Road in a north-easterly direction for a distance of 50 metresTo provide parking facilities
7/7.45Lower RoadNorth-west side from a point 32 metres south-west from its junction with Lower Court in a south-westerly direction for a distance of 34 metresTo provide parking facilities
7/7.46Lower RoadNorth-west side from a point 17 metres north-east from its junction with Lower Court in a north-easterly direction for a distance of 31 metresTo provide parking facilities
7/7.47Lower RoadNorth-west side from its junction with Albert Road in a north-easterly direction for a distance of 21 metresTo provide parking facilities
7/7.48Lower RoadNorth-west side from a point 49 metres north-east from its junction with Albert Road in a north-easterly direction for a distance of 33 metresTo provide parking facilities
7/7.49Fletcher RoadSouth-east side from a point 32 metres north-east from its junction with Humber Road in a north-easterly direction for a distance of 35 metresTo provide parking facilities
7/7.50Fletcher RoadSouth-east side from a point 90 metres north-east from its junction with Humber Road in a north-easterly direction for a distance of 46 metresTo provide parking facilities
7/7.51Fletcher RoadSouth-east side from a point 141 metres north-east from its junction with Humber Road in a north-easterly direction for a distance of 49 metresTo provide parking facilities
7/7.52Lower RoadSouth-east side from a point 92 metres south-west from its junction with University Boulevard in a south-westerly direction for a distance of 40 metresTo provide parking facilities
21/7.10Southchurch DriveNorth-west side from a point 64 metres south-east of Varney Road in a south-westerly direction for a distance of 32 metresTo provide parking facilities
21/7.11Southchurch DriveNorth-west side from a point 101 metres south-east of Varney Road in a south-westerly direction for a distance of 15 metresTo provide parking facilities
21/7.12Southchurch DriveNorth-west side from a point 124 metres south-east of Varney Road in a south-westerly direction for a distance of 27 metresTo provide parking facilities
21/7.13Southchurch DriveWest side from a point 168 metres south-east of Varney Road in a south-westerly direction for a distance of 27 metresTo provide parking facilities
21/7.14Southchurch DriveWest side from a point 116 metres north of Rivergreen in a northerly direction for a distance of 15 metresTo provide parking facilities
21/7.15Southchurch DriveWest side from a point 88 metres north of Rivergreen in a northerly direction for a distance of 15 metresTo provide parking facilities
21/7.4Southchurch DriveSouth-east side from a point 68 metres south-west of Dovenby Road in a south-westerly direction for a distance of 25 metresTo provide parking facilities
21/7.5Southchurch DriveSouth-east side from a point 98 metres south-east of Dovenby Road in a south-westerly direction for a distance of 26 metresTo provide parking facilities
21/7.59Southchurch DriveWest side from a point 199 metres south-east of the junction with Varney Road in a south-easterly direction for a distance of 20 metresTo provide parking facilities
21/7.6Southchurch DriveSouth-east side from a point 138 metres south-east of Dovenby Road in a south-westerly direction for a distance of 30 metresTo provide parking facilities
21/7.7Southchurch DriveSouth-east side from a point 210 metres south-east of Dovenby Road in a south-westerly direction for a distance of 15 metresTo provide parking facilities
21/7.8Southchurch DriveEast side from a point 323 metres south-east of Dovenby Road in a south-westerly direction for a distance of 15 metresTo provide parking facilities
21/7.9Southchurch DriveEast side from a point 347 metres south-east of Dovenby Road in a south-westerly direction for a distance of 27 metresTo provide parking facilities
21/7.63Southchurch DriveSouth-east side from a point 42 metres south-west of its junction with Dovenby Road in a south-westerly direction for a distance of 18 metresTo provide parking facilities
21/7.66Southchurch DriveNorth-west side from a point 15 metres north-east of its junction with Varney Road in a north-easterly direction for a distance of 20 metresTo provide parking facilities
23/7.18Southchurch DriveWest side from a point 18 metres south-west of un-named access road to Whiteways Court in a south-westerly direction for a distance of 25 metresTo provide parking facilities
23/7.19Southchurch DriveWest side from a point 52 metres south-west of un-named access road to Whiteways Court in a south-westerly direction for a distance of 15 metresTo provide parking facilities
23/7.20Southchurch DriveWest side from a point 115 metres north-east of Whitegate Vale in a north-easterly direction for a distance of 32 metresTo provide parking facilities
23/7.21Southchurch DriveWest side from a point 55 metres north-east of Whitegate Vale in a north-easterly direction for a distance of 22 metresTo provide parking facilities
23/7.22Southchurch DriveWest side from a point 19 metres south-west of Whitegate Vale in a south-westerly direction for a distance of 26 metresTo provide parking facilities
23/7.24Southchurch DriveWest side from a point 106 metres south-west of Whitegate Vale in a southerly direction for a distance of 41 metresTo provide parking facilities
23/7.25Southchurch DriveWest side from a point 154 metres south-west of Whitegate Vale in a southerly direction for a distance of 27 metresTo provide parking facilities
23/7.26Southchurch DriveEast side from a point 145 metres north-east of Dungannon Road in a north-easterly direction for a distance of 19 metresTo provide parking facilities
23/7.27Southchurch DriveEast side from a point 100 metres north-east of Dungannon Road in a north-easterly direction for a distance of 27 metresTo provide parking facilities
23/7.28Southchurch DriveEast side from a point 65 metres north-east of Dungannon Road in a north-easterly direction for a distance of 27 metresTo provide parking facilities
23/7.29Southchurch DriveEast side from a point 25 metres north-east of Dungannon Road in a north-easterly direction for a distance of 15 metresTo provide parking facilities
23/7.30Southchurch DriveEast side from a point 147 metres south-west of Dungannon Road in a southerly direction for a distance of 50 metresTo provide parking facilities
23/7.31Southchurch DriveEast side from a point 230 metres south-west of Dungannon Road in a southerly direction for a distance of 47 metresTo provide parking facilities
23/7.53Southchurch DriveWest side from a point 32 metres north-east from its junction with Whitegate Vale in a north-easterly direction for a distance of 15 metresTo provide parking facilities
23/7.61Farnborough Road Service Road (adjacent to Holy Trinity church)South-west side from a point 15 metres west of its easterly junction with Farnborough Road, to a point 14 metres south-east of its north-westerly junction with Farnborough Road, a distance of 36 metresTo provide parking facilities
23/7.65Southchurch DriveWest side from a point 90 metres north-east of Whitegate Vale in a north-easterly direction for a distance of 17 metresTo provide parking facilities
23 & 24/7.32Farnborough RoadSouth side from a point 22 metres west of Highbank Drive in a westerly direction for a distance of 35 metresTo provide parking facilities
24/7.33Farnborough RoadSouth side from a point 60 metres west of Highbank Drive in a westerly direction for a distance of 30 metresTo provide parking facilities
24/7.34Farnborough RoadSouth side from a point 55 metres east of Pastures Avenue in an easterly direction for a distance of 25 metresTo provide parking facilities
24/7.35Farnborough RoadSouth side from a point 25 metres west of Pastures Avenue in a westerly direction for a distance of 34 metresTo provide parking facilities
24/7.36Farnborough RoadSouth side from a point 15 metres east of Chisbury Green in an easterly direction for a distance of 42 metresTo provide parking facilities
24/7.37Farnborough RoadNorth side from a point 50 metres west of Chepstow Road in a westerly direction for a distance of 15 metresTo provide parking facilities
24/7.40Farnborough RoadNorth side from a point 13 metres west of Bransdale Road in a westerly direction for a distance of 25 metresTo provide parking facilities
24/7.41Farnborough RoadNorth side from a point 54 metres west of Bransdale Road in a westerly direction for a distance of 21 metresTo provide parking facilities
24/7.64Farnborough RoadSouth side from a point 35 metres east of its junction with Pastures Avenue for a distance of 16 metres in an easterly directionTo provide parking facilities

PART 3E+WDIRECTION OF TRAFFIC

Commencement Information

I25Sch. 10 Pt. 3 in force at 9.6.2009, see art. 1

(8) One way traffic

(1)(2)(3)(4)
No.RoadExtentNotes
5/8.0Ellis GroveFrom its north-eastern junction with Chilwell Road in a south-easterly, south-westerly and north-westerly direction, to its south-western junction with Chilwell RoadTo assist traffic flow
6/8.20Chilwell Road Service RoadBetween its two junctions with Chilwell Road, from a point 40 metres south-west of the Chilwell Road/Foster Avenue junction, to a point 60 metres south-west of that junction, in that directionTo assist traffic flow
6 & 7/8.10Middle StreetFrom its junction with Humber Road in a south-westerly direction, to its junction with Regent StreetTo assist traffic flow. Except trams and pedal cycles
7/8.1Lower RoadFrom a point 45 metres north-east of its junction with Albert Road in a north-easterly and north-westerly direction to its junction with University Boulevard.To assist traffic flow. Except trams and pedal cycles
15/8.7Northbound link road between Riverside Way and Robin Hood WayFrom the start of the Link Road, in a northerly direction to its junction with Robin Hood WayTo assist traffic flow
15/8.8Southbound link road between Riverside Way and Robin Hood WayFrom the start of the Link Road, in a southerly direction to its junction with Riverside WayTo assist traffic flow
23/8.9Farnborough Road Service Road (adjacent to Holy Trinity church)From its western junction with Farnborough Road to its eastern junction with Farnborough Road, in that directionTo assist traffic flow

(9) Prohibition of movement

(1)(2)(3)(4)
No.RoadExtentNotes
5/9.7No. 61 Depot exit (west) on to High RoadNo right turn from the Depot exit into High RoadTo maintain traffic flow and junction capacity
5/9.8No. 61 Depot exit (east) on to High RoadNo right turn from the Depot exit into High RoadTo maintain traffic flow and junction capacity
6/9.9Middle StreetNo right turn from Middle Street into Chilwell RoadTo maintain traffic flow and junction capacity
6/9.10Moore GateNo right turn from Moore Gate into Middle StreetTo maintain traffic flow and junction capacity
6/9.11Middle StreetNo right turn from Middle Street into Moore GateTo maintain traffic flow and junction capacity
9/9.12East DriveNo right turn from East Drive into University BoulevardTo maintain traffic flow and junction capacity
9/9.18Beeston Road, north-eastern end of the central island at the junction of Beeston Road/University Boulevard and East DriveNo U-turn from Beeston Road north-eastbound to Beeston Road south-westboundTo prevent hazardous traffic movements and possible carriageway obstruction
9/9.19University Boulevard, south-west bound carriagewayNo left turn from University Boulevard into Science Road/Tennis Centre egress roadTo prevent hazardous traffic movements
9/9.20University Boulevard, north-east bound carriagewayNo right turn from University Boulevard into Science Road/Tennis Centre egress roadTo prevent hazardous traffic movements

(10) Prescribed movement

(1)(2)(3)(4)
No.RoadExtentNotes
7/10.2Lower RoadLeft Turn Only from Lower Road into University BoulevardTo maintain traffic flow and junction capacity
9/10.1Exit from the Tennis CentreLeft Turn Only from Tennis Centre exit into University BoulevardTo maintain traffic flow and junction capacity
10/10.3South RoadLeft Turn Only from South Road into Abbey StreetTo maintain traffic flow and junction capacity
12/10.4Unnamed access roadLeft Turn Only from Un-named Access road into King’s Meadow RoadTo maintain traffic flow and junction capacity

PART 4E+WVEHICULAR ACCESS

Commencement Information

I26Sch. 10 Pt. 4 in force at 9.6.2009, see art. 1

(11) Prohibition of driving

(1)(2)(3)(4)
No.RoadExtentNotes
5/11.6Collin StreetFrom its junction with High Road, in a north-easterly direction for a distance of 7 metresTo prevent through traffic movements except pedal cycles
6/11.1Foster AvenueBetween its junctions with the new access road and Chilwell Road, for a distance of 34 metresTo be closed to all traffic except pedal cycles
6/11.3Chilwell RoadFrom its junction with Foster Avenue in a south-westerly direction for a distance of 28 metresExcept pedal cycles and for loading
6/11.9Chilwell RoadFrom its junction with Devonshire Avenue to a point 28 metres south-west of its junction with Foster Avenue (at the north-eastern end of the loading bay outside number 8a), a distance of approximately 103 metresExcept local buses, trams, pedal cycles and for loading, access to off-street premises and permit holders
6/11.12Styring StreetFrom its junction with Middle Street in a north-westerly direction to its junction with the new tramway access road linking Styring Street to Chilwell RoadTo prevent vehicles encroaching on the tram route except for local buses, trams, authorised vehicles and access to off-street premises
6/11.13New tramway access road between Styring Street and Chilwell RoadIts entire lengthTo prevent vehicles encroaching on the tram route except for local buses, trams, authorised vehicles and access to off-street premises
6 & 7/11.11Middle Street, north sideFrom a point 13 metres north-east of its junction with Regent Street in an easterly direction for a distance of 175 metresTo prevent vehicles encroaching on the tram route in a north-eastbound direction only, trams and pedal cycles excepted
7/11.10Fletcher Road/ Lower RoadIn between the two accesses to Neville Sadler Court. North to south for a distance of 6 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines, trams and pedal cycles excepted
14/11.4Arkwright Street (North) (new alignment)From its junction with Crocus Street, in a southerly direction to its junction with Meadows WayTo prevent through traffic movements except local buses, taxis and pedal cycles; trams permitted to cross

(12) All vehicles prohibited except trams

(1)(2)(3)(4)
No.RoadExtentNotes
7/12.12New tramway leading off Queen’s Road East, parallel to and some 30 metres south of University BoulevardFrom its junction with Queen’s Road East for a distance of 30 metres in an easterly directionTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
7/12.13New length of tramway between Queen’s Road East and Lower RoadNorth-east side from its junction with Queen’s Road East in a south-westerly direction for a distance of 11 metresTo prevent vehicles encroaching on the tram route in an eastbound direction only
7/12.14New length of tramway between Queen’s Road East and Lower RoadSouth-east side in a south-westerly direction for a distance of 46 metresTo prevent vehicles encroaching on the tram route in a south-westbound direction only
7/12.38Queen’s Road EastGap in central reservation, some 25 metres to the south of its junction with University BoulevardTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
10/12.15Abbey StreetFrom a point 61 metres south-west of its junction with Gregory Street in a south-westerly direction for a distance of 50 metresTo prevent vehicles encroaching on the tram route in a southbound direction only
10/12.33Gregory StreetFrom a point 22 metres south-east of the junction with Abbey Street in a southerly direction for a distance of 61 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
11 & 12/12.17King’s Meadow RoadFrom the new car park entrance some 540 metres west of Queen’s Drive, for a distance of 40 metres in a south-westerly directionTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
12/12.18King’s Meadow RoadFrom a point 201 metres west of Queen’s Drive in a westerly direction for a distance of 18 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
12/12.20King’s Meadow RoadFrom the junction with Queen’s Drive in a westerly direction for a distance of 125 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
12/12.21Queen’s DriveFrom a point opposite King’s Meadow Road in a north-easterly direction for a distance of 12 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
12/12.22Meadows WayFrom its junction with Saffron Gardens in a southerly direction for a distance of 62 metresTo prevent vehicles encroaching on the tram route in a southbound direction only
12/12.34King’s Meadow RoadFrom a point 163 metres west of the junction with Queen’s Drive in a westerly direction for a distance of 31 metres, i.e. the centre of the King’s Meadow Road roundaboutTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
14/12.35Meadows Way - Arkwright Street linkFrom its junction with Meadows Way, in a north-easterly direction for a distance of 48 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
14/12.37Meadows WayFrom a point 18 metres east of its junction with Sheriffs Way in an easterly direction for a distance of 49 metresTo prevent vehicles encroaching on the tram route, covering the width of the outbound line
14 & 15/12.23Queen’s WalkFrom its junction with Riverside Way in a northerly direction to its junction with Meadows Way, a distance of 765 metresTo prevent vehicles encroaching on the tram route. Covering the width of both tramlines
15 & 16/12.24Main Road (Wilford Toll Bridge)From its junction with Riverside Way in a southerly direction for a distance of 400 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines
23/12.28Southchurch DriveFrom a point 55 metres south of un-named access to local shops in a south-westerly direction for a distance of 88 metresTo prevent vehicles encroaching on the tram route, covering the width of both tramlines

Articles 11, 41 and 67

SCHEDULE 11E+WPROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquiredE+W

1.—(1) Subject to the following provisions of this paragraph, sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land acquired under this Order, or which is held by the promoter and is appropriated or used (or about to be used) by it for the purposes of the Order or any connected purpose, and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.E+W

(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

(3) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the promoter compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(4) Sub-paragraph (3) shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

(a)the owner or occupier of premises the drains of which communicated with that sewer; or

(b)the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the promoter compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.

(5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part 3 of the 1991 Act applies.

(6) In this paragraph—

  • “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003(3); and

  • “public utility undertakers” has the same meaning as in the 1980 Act.

Commencement Information

I27Sch. 11 para. 1 in force at 9.6.2009, see art. 1

Apparatus of statutory undertakers, etc., in stopped up streetsE+W

2.—(1) Where a street is stopped up under article 11 (stopping up of streets and extinguishment of rights) any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.E+W

(2) The promoter shall give not less than 28 days' notice in writing of its intention to stop up any street under article 11 to any statutory utility whose apparatus is under, in, upon, over, along or across that street.

(3) Where notice under sub-paragraph (2) has been given, any statutory utility whose apparatus is under, in, upon, over, along or across the street may, where reasonably necessary for the efficient operation of the undertaking of the statutory utility and, if reasonably requested so to do by the promoter, shall—

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

(b)provide other apparatus in substitution for the existing apparatus and place it in that other position.

(4) Subject to the following provisions of this paragraph, the promoter shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

(a)the execution of relocation works reasonably required in consequence of the stopping up of the street; and

(b)the doing of any other work or thing rendered reasonably necessary by the execution of relocation works.

(5) If in the course of the execution of relocation works under sub-paragraph (3)—

(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 except where this has been solely due to using the nearest available type, capacity or dimension; or

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the promoter, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the relocation works in order to ensure the continued efficient operation of the undertaking of the statutory utility, then, if it involves cost in the execution of the relocation works 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 statutory utility by virtue of sub-paragraph (4) shall be reduced by the amount of that excess.

(6) For the purposes of sub-paragraph (5)—

(a)an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service; and

(b)where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) (and having regard, where relevant, to sub-paragraph (5)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June, 1992, as revised and re-issued from time to time.

(8) Sub-paragraphs (4) to (7) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a)the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section; and

(b)the allowable costs shall be borne by the promoter and the statutory utility in such proportions as may be prescribed by any such regulations.

(9) In this paragraph—

  • “apparatus” has the same meaning as in Part 3 of the 1991 Act;

  • “relocation works” means works executed, or apparatus provided, under sub-paragraph (3); and

  • “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in paragraph 1(6).

Commencement Information

I28Sch. 11 para. 2 in force at 9.6.2009, see art. 1

Article 72

SCHEDULE 12E+WFOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

InterpretationE+W

1.  In this Schedule—E+W

  • “apparatus” means—

    (a)

    in the case of a specified undertaker which is an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(4)) belonging to or maintained by that undertaker;

    (b)

    in the case of a specified undertaker which is a gas undertaker, mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986(5) for the purposes of the transportation and storage of gas;

    (c)

    in the case of a specified undertaker which is a water undertaker—

    (i)

    mains, pipes or other apparatus belonging to or maintained by the undertaker for the purposes of water supply; and

    (ii)

    any water main or service pipe (or part of it) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991(6); and

    (d)

    in the case of a specified undertaker which is a sewerage undertaker—

    (i)

    any drain or works vested in the undertaker under the Water Industry Act 1991; and

    (ii)

    any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104,

    and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

    and includes any structure for the lodging in it of apparatus or for giving access to such apparatus;

  • “construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

  • “emergency works” has the same meaning as in section 52 of the 1991 Act;

  • “in”, in a context referring to apparatus in land, includes under, over, across, along or upon land;

  • “necessary alternative apparatus” means alternative apparatus adequate to enable a specified undertaker to fulfil its statutory or licensed functions in a manner no less efficient than previously;

  • “plans” includes sections, specifications and method statements;

  • “specified undertaker” means—

    (a)

    National Grid Gas Plc, whose registered office is 1-3 Strand, London WC2N 5EH;

    (b)

    Severn Trent Water Limited, whose registered office is 2297 Coventry Road, Birmingham B26 3PU; and

    (c)

    National Grid Electricity Transmission Plc, whose registered office is 1-3 Strand, London WC2N 5EH,

    or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991 or as a sewerage undertaker within the meaning of Part 1 of that Act, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained; and

  • “specified work” means any of the authorised works which—

    (a)

    will or may be situated over or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus; or

    (b)

    wherever situated, imposes any load upon any sewer,

    the removal of which has not been required under paragraph 8.

Commencement Information

I29Sch. 12 para. 1 in force at 9.6.2009, see art. 1

Application of Schedule 11E+W

2.  Paragraphs 1(1) and 2 of Schedule 11 (provisions relating to statutory undertakers, etc.) shall not apply in relation to a specified undertaker and paragraphs 1(3) and 1(4) of that Schedule shall have effect as if they referred to apparatus removed under this Schedule.E+W

Commencement Information

I30Sch. 12 para. 2 in force at 9.6.2009, see art. 1

Apparatus in stopped up streetsE+W

3.  Where any street is stopped up under article 11 (stopping up of streets and extinguishment of rights), any specified undertaker whose apparatus is in the street shall have the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the promoter will grant to the specified undertaker legal easements reasonably satisfactory to the specified undertaker in respect of such apparatus and access to it, but nothing in this paragraph shall affect any right of the promoter or of the specified undertaker to require the removal of that apparatus under paragraph 8 or the power of the promoter to carry out works under paragraphs 20 to 29.E+W

Commencement Information

I31Sch. 12 para. 3 in force at 9.6.2009, see art. 1

4.  The promoter shall give not less than 28 days' notice in writing of its intention to stop up any street under article 11 to any specified undertaker whose apparatus is in that street.E+W

Commencement Information

I32Sch. 12 para. 4 in force at 9.6.2009, see art. 1

On-street apparatusE+W

5.  This Schedule shall not apply to anything done or proposed to be done in relation to or affecting any apparatus in so far as the relations between the promoter and the specified undertaker are regulated by the provisions of Part 3 of the 1991 Act.E+W

Commencement Information

I33Sch. 12 para. 5 in force at 9.6.2009, see art. 1

Acquisition of landE+W

6.  The promoter shall not acquire any apparatus from a specified undertaker pursuant to this Order otherwise than by agreement, which shall not be unreasonably withheld.E+W

Commencement Information

I34Sch. 12 para. 6 in force at 9.6.2009, see art. 1

7.  The promoter may in exercise of the powers conferred by this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus shall be extinguished but no apparatus shall be removed nor shall any right of the specified undertaker to use, maintain or renew any apparatus be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the specified undertaker.E+W

Commencement Information

I35Sch. 12 para. 7 in force at 9.6.2009, see art. 1

Removal of apparatusE+W

8.  Paragraphs 9 to 12 apply where—E+W

(a)the promoter requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the specified undertaker not less than 56 days' written notice of that requirement together with a plan of the proposed work and of the proposed position of the alternative apparatus to be provided or constructed; or

(b)in consequence of the exercise or proposed exercise of any of the powers conferred by this Order, the specified undertaker reasonably requires to remove any apparatus.

Commencement Information

I36Sch. 12 para. 8 in force at 9.6.2009, see art. 1

9.  The promoter shall, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the promoter for the purpose of its undertaking under this Order or in which it has sufficient rights or interests and thereafter for the use, maintenance and renewal of such apparatus and, if the promoter is unable to obtain those rights and facilities, the specified undertaker shall, on receipt of a written notice to that effect from the promoter, use its best endeavours to obtain the necessary rights and facilities.E+W

Commencement Information

I37Sch. 12 para. 9 in force at 9.6.2009, see art. 1

10.  The obligation imposed upon the specified undertaker by paragraph 9 shall not extend to the exercise by the specified undertaker of any power to acquire any land or rights in land by a compulsory purchase order.E+W

Commencement Information

I38Sch. 12 para. 10 in force at 9.6.2009, see art. 1

11.  Any alternative apparatus to be constructed by the specified undertaker pursuant to paragraph 9 shall be constructed in such manner, and in such line or situation, as may be agreed between the specified undertaker and the promoter or, in default of agreement, determined by arbitration.E+W

Commencement Information

I39Sch. 12 para. 11 in force at 9.6.2009, see art. 1

12.  The specified undertaker shall, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined and after the grant to or obtaining by the specified undertaker of any such facilities and rights as are referred to in paragraph 9, proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the promoter to be removed in accordance with paragraph 8.E+W

Commencement Information

I40Sch. 12 para. 12 in force at 9.6.2009, see art. 1

Removal of apparatus and construction of alternative apparatus by the promoterE+W

13.  Paragraphs 14 to 16 apply to so much of the work necessary in connection with the construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land held or used, or intended for use, by the promoter for the purpose of its undertaking.E+W

Commencement Information

I41Sch. 12 para. 13 in force at 9.6.2009, see art. 1

14.  If the promoter gives notice in writing to the specified undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the specified undertaker, may be carried out by the promoter with the prior written consent of the specified undertaker (which shall not be unreasonably withheld and shall be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the specified undertaker and the promoter or, in default of agreement, determined by arbitration, with all reasonable dispatch under the superintendence (if given) and to the reasonable satisfaction of the specified undertaker.E+W

Commencement Information

I42Sch. 12 para. 14 in force at 9.6.2009, see art. 1

15.  In carrying out any work under paragraph 14 the promoter shall comply with all statutory obligations which would have been applicable had the works been carried out by the specified undertaker.E+W

Commencement Information

I43Sch. 12 para. 15 in force at 9.6.2009, see art. 1

16.  Nothing in paragraph 14 shall authorise the promoter to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 600 millimetres (measured in any direction) of the apparatus.E+W

Commencement Information

I44Sch. 12 para. 16 in force at 9.6.2009, see art. 1

Facilities and rights for alternative apparatusE+W

17.  Where, in accordance with the provisions of this Schedule, the promoter affords to the specified undertaker facilities and rights for the construction, use, maintenance and renewal in land of the promoter of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the promoter and the specified undertaker or, in default of agreement, determined by arbitration.E+W

Commencement Information

I45Sch. 12 para. 17 in force at 9.6.2009, see art. 1

18.  In determining the terms and conditions mentioned in paragraph 17 in respect of alternative apparatus to be constructed across or along the authorised works the arbitrator shall—E+W

(a)give effect to all reasonable requirements of the promoter for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any such works; and

(b)so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions applicable to the apparatus (if any) constructed across or along the authorised works for which the alternative apparatus is to be substituted and to any other reasonable requirements of the specified undertaker.

Commencement Information

I46Sch. 12 para. 18 in force at 9.6.2009, see art. 1

19.  If the facilities and rights to be afforded by the promoter in respect of any alternative apparatus under paragraph 17 and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the specified undertaker than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the promoter by or to the specified undertaker in that respect as shall appear to the arbitrator to be reasonable having regard to all the circumstances of the case.E+W

Commencement Information

I47Sch. 12 para. 19 in force at 9.6.2009, see art. 1

Retained apparatus: protection and plan approvalE+W

20.  Not less than 56 days before commencing to construct or renew any specified work, the promoter shall submit to the specified undertaker plans of the works.E+W

Commencement Information

I48Sch. 12 para. 20 in force at 9.6.2009, see art. 1

21.  In relation to a work which is a specified work because of its proximity to or effect on a sewer, the plans to be submitted to the specified undertaker under paragraph 20 shall be detailed plans describing—E+W

(a)the exact position of the specified work;

(b)the level at which it is proposed to be constructed or renewed;

(c)the manner of its construction or renewal;

(d)the position of all sewers within 15 metres of the specified work or upon which the specified work will impose a load; and

(e)by way of detailed drawings, every alteration proposed to be made to any such sewer.

Commencement Information

I49Sch. 12 para. 21 in force at 9.6.2009, see art. 1

22.  The promoter shall not commence the construction or renewal of any specified work to which paragraph 20 applies until the specified undertaker has given written approval of the plans so submitted.E+W

Commencement Information

I50Sch. 12 para. 22 in force at 9.6.2009, see art. 1

23.  Any approval of the specified undertaker required under paragraph 22—E+W

(a)may be given subject to reasonable conditions for any purpose mentioned in paragraph 24;

(b)shall not be unreasonably withheld; and

(c)shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

Commencement Information

I51Sch. 12 para. 23 in force at 9.6.2009, see art. 1

24.  In relation to a work to which paragraph 21 applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.E+W

Commencement Information

I52Sch. 12 para. 24 in force at 9.6.2009, see art. 1

25.  A specified work shall be constructed (and in the case of any temporary work removed) only in accordance with—E+W

(a)the approved plans (and, in the case of plans relating to sewers approved, deemed to have been approved or settled by arbitration, as amended from time to time by agreement between the promoter and the specified undertaker); and

(b)all reasonable requirements made by the specified undertaker for the alteration, or otherwise for the protection, of the apparatus, or for securing access to it,

and the specified undertaker shall be entitled by its officer to watch and inspect the carrying out of the work.

Commencement Information

I53Sch. 12 para. 25 in force at 9.6.2009, see art. 1

26.  If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by the promoter the specified undertaker reasonably requires the removal of any apparatus and gives written notice to the promoter of that requirement, the foregoing provisions of this Schedule shall have effect as if the removal of such apparatus had been required by the specified undertaker under paragraph 8.E+W

Commencement Information

I54Sch. 12 para. 26 in force at 9.6.2009, see art. 1

27.  Nothing in paragraph 20 or 26 shall preclude the promoter from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any specified work, a new plan in place of the plan previously submitted, in which case the provisions of those paragraphs shall apply to, and in respect of, such new plan except that the reference in paragraph 26 to 42 days shall be treated as a reference to 21 days.E+W

Commencement Information

I55Sch. 12 para. 27 in force at 9.6.2009, see art. 1

28.  The promoter shall not be required to comply with paragraph 20 in a case where it is necessary to carry out emergency works but, in such a case, it shall give to the specified undertaker notice as soon as reasonably practicable, and a plan of the works as soon as reasonably practicable thereafter, and shall comply with paragraph 25 so far as reasonably practicable in the circumstances.E+W

Commencement Information

I56Sch. 12 para. 28 in force at 9.6.2009, see art. 1

29.  Nothing in paragraph 28 shall entitle the promoter to carry out works to any apparatus but, upon receipt of notice from the promoter, the specified undertaker shall proceed to carry out such works as may be required with all reasonable dispatch.E+W

Commencement Information

I57Sch. 12 para. 29 in force at 9.6.2009, see art. 1

Co-operationE+W

30.  Where in consequence of the proposed construction of any of the authorised works, the promoter or a specified undertaker requires the removal of apparatus under paragraph 8 or a specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 25, the promoter shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each specified undertaker shall use its best endeavours to co-operate with the promoter for that purpose.E+W

Commencement Information

I58Sch. 12 para. 30 in force at 9.6.2009, see art. 1

AccessE+W

31.  If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the promoter shall provide such alternative means of access to such apparatus as will enable the specified undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.E+W

Commencement Information

I59Sch. 12 para. 31 in force at 9.6.2009, see art. 1

ExpensesE+W

32.  Subject to the provisions of the following paragraphs of this Schedule, the promoter shall repay to the specified undertaker the reasonable expenses incurred by the specified undertaker in, or in connection with—E+W

(a)the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

(b)the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by the promoter of any power under this Order;

(c)the survey of any land, apparatus or works; the inspection, superintendence and monitoring of works; or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by the promoter of any power under this Order; and

(d)any other work or thing rendered reasonably necessary in consequence of the exercise by the promoter of any such power,

within a reasonable time of being notified by the specified undertaker that it has incurred such expenses.

Commencement Information

I60Sch. 12 para. 32 in force at 9.6.2009, see art. 1

33.  There shall be deducted from any sum payable under paragraph 32 the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.E+W

Commencement Information

I61Sch. 12 para. 33 in force at 9.6.2009, see art. 1

34.  If in pursuance of the provisions of this Schedule—E+W

(a)alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type; or

(b)apparatus (whether existing apparatus or alternative 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 promoter or, in default of agreement, is not determined by arbitration to be necessary having regard, among other things, to the nature of the authorised works, then, if such placing involves cost in the construction of works under paragraphs 9 to 12 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 paragraph would be payable to the specified undertaker by virtue of paragraph 32 shall be reduced by the amount of that excess.

Commencement Information

I62Sch. 12 para. 34 in force at 9.6.2009, see art. 1

35.  For the purposes of paragraph 34—E+W

(a)an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

Commencement Information

I63Sch. 12 para. 35 in force at 9.6.2009, see art. 1

36.  An amount which apart from this paragraph would be payable to the specified undertaker in respect of works by virtue of paragraphs 32 to 35 shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the specified undertaker any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time.E+W

Commencement Information

I64Sch. 12 para. 36 in force at 9.6.2009, see art. 1

37.  In any case where work is carried out by the promoter pursuant to paragraphs 14 to 16 and, if such work had been carried out by the specified undertaker, the repayment made to the specified undertaker under paragraph 32 would fall to be reduced pursuant to paragraphs 34 to 36, the specified undertaker shall pay to the promoter such sum as represents the amount of that reduction.E+W

Commencement Information

I65Sch. 12 para. 37 in force at 9.6.2009, see art. 1

IndemnityE+W

38.  If, by reason or in consequence of the construction, maintenance or failure of any of the authorised works, including any works carried out by the promoter pursuant to paragraph 14 or protective works required by a condition imposed under paragraph 23(a) or required under paragraph 25(b), or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or other property of the specified undertaker, or there is any interruption in any service provided by the specified undertaker, the promoter shall repay the cost reasonably incurred by the specified undertaker in making good such damage, or restoring the supply, and shall—E+W

(a)make reasonable compensation to the specified undertaker for any loss sustained by it; and

(b)indemnify the specified undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the specified undertaker,

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the specified undertaker on behalf of the promoter or in accordance with plans approved by the specified undertaker or in accordance with any requirement of the specified undertaker or under its supervision shall not, subject to paragraph 39, excuse the promoter from any liability under the provisions of this paragraph.

Commencement Information

I66Sch. 12 para. 38 in force at 9.6.2009, see art. 1

39.  Nothing in paragraph 38 shall impose any liability on the promoter with respect to any damage or interruption to the extent that such damage or interruption is attributable to the neglect or default of the specified undertaker, its officers, servants, contractors or other agents.E+W

Commencement Information

I67Sch. 12 para. 39 in force at 9.6.2009, see art. 1

40.  The specified undertaker shall give to the promoter reasonable notice of any claim or demand under the provisions of paragraph 38 and no settlement or compromise of it shall be made without the prior consent of the promoter which shall not be unreasonably withheld.E+W

Commencement Information

I68Sch. 12 para. 40 in force at 9.6.2009, see art. 1

Exercise of safeguarding and survey powersE+W

41.  The promoter shall, so far as is reasonably practicable, so exercise the powers conferred by article 22 (safeguarding works to buildings) so as not to obstruct or render less convenient the access to any apparatus.E+W

Commencement Information

I69Sch. 12 para. 41 in force at 9.6.2009, see art. 1

42.  The promoter shall not, in the exercise of the powers conferred by section 11(3) of the 1965 Act, as applied by this Order, or by article 25 (power to survey and investigate land, etc.), make any trial holes which interfere with any apparatus without the consent of the specified undertaker (which shall not be unreasonably withheld).E+W

Commencement Information

I70Sch. 12 para. 42 in force at 9.6.2009, see art. 1

ArbitrationE+W

43.  Any difference arising between the promoter and a specified undertaker under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration in the manner provided by article 82 (arbitration) and in determining any difference under this Schedule the arbitrator may, if the arbitrator thinks fit, require the promoter to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.E+W

Commencement Information

I71Sch. 12 para. 43 in force at 9.6.2009, see art. 1

Transfer of functionsE+W

44.  The promoter shall give notice to every specified undertaker if any of the functions of the promoter under this Order are transferred to another person in accordance with article 55 (powers of disposal, agreements for operation, etc.) and any such notice shall be given within 14 days of any such transfer becoming effective and shall describe or give (as appropriate)—E+W

(a)the nature of the functions to be transferred;

(b)the extent of that transfer;

(c)the geographical area to which the transfer relates;

(d)the name and address of the transferee; and

(e)the effective date of the transfer.

Commencement Information

I72Sch. 12 para. 44 in force at 9.6.2009, see art. 1

45.  The obligation to give notice under paragraph 44 to a successor in title to a specified undertaker named in paragraph 1 shall only apply to the extent that the promoter has been informed by notice in writing by that named undertaker, or by a successor in title to that named undertaker, as the case may be, of the name and address of that successor in title.E+W

Commencement Information

I73Sch. 12 para. 45 in force at 9.6.2009, see art. 1

NoticesE+W

46.  Any notice in writing to be given by the promoter to a specified undertaker under this Schedule shall be deemed effectively given if sent by recorded delivery or by registered letter addressed to the registered office of that specified undertaker.E+W

Commencement Information

I74Sch. 12 para. 46 in force at 9.6.2009, see art. 1

Accommodation or other facilitiesE+W

47.  The following provisions of this paragraph shall have effect for the provision by the promoter in the construction of the authorised works of accommodation or other facilities for the laying of apparatus under the authorised tramway to accommodate the gas distribution network of National Grid Gas Plc and the electricity transmission network of National Grid Electricity Transmission Plc:—E+W

(a)not less than 6 months before the promoter commences the construction of any of the authorised works in any highway it shall give notice of its intention to do so in writing to each of National Grid Gas Plc and National Grid Electricity Transmission Plc;

(b)if, within 56 days from the service on it of notice of the intended construction of any works under sub-paragraph (a), National Grid Gas Plc or National Grid Electricity Transmission Plc gives to the promoter—

(i)notice in writing that it is reasonably necessary for the existing operation or planned expansion of its respective gas distribution or electricity transmission networks that such accommodation or other facilities be provided; and

(ii)such information as the promoter may require to enable it to determine the reasonableness of that request, the extent and description of the accommodation or other facilities to be provided and the means of access to apparatus laid in the accommodation or other facilities requested,

the promoter shall, so far as it is reasonably practicable to do so, provide in the construction of the authorised works such accommodation or other facilities for the laying of apparatus under the authorised tramway as may be agreed between it and National Grid Gas Plc or National Grid Electricity Transmission Plc, as the case may be or, in default of agreement, determined by arbitration;

(c)subject to the provisions of this paragraph, National Grid Gas Plc and National Grid Electricity Transmission Plc shall be entitled to use the accommodation or other facilities and the means of access to them provided by the promoter for the laying and installation of the apparatus for which they were provided and for the purpose of inspecting, repairing, removing or renewing that apparatus;

(d)except in case of emergency when it shall give such notice as it can in the circumstances, National Grid Gas Plc and National Grid Electricity Transmission Plc shall give the promoter not less than 42 days' notice of their intention to lay and install or to repair, remove or renew apparatus in any such accommodation or facilities;

(e)in laying and installing apparatus in accommodation or other facilities provided by the promoter National Grid Gas Plc and National Grid Electricity Transmission Plc shall conform with the reasonable requirements of the promoter as to the times at which, and the manner in which, such works by National Grid Gas Plc or National Grid Electricity Transmission Plc as affect the authorised tramway shall be carried out, and the promoter shall be entitled to superintend the carrying out of such works;

(f)National Grid Gas Plc and National Grid Electricity Transmission Plc shall maintain in good repair and to the reasonable satisfaction of the promoter any apparatus laid and installed in the accommodation or facilities provided by the promoter and shall take such precautions as the promoter reasonably requires to be taken for ensuring the safety of the authorised tramway and the traffic on it;

(g)the accommodation or other facilities provided by the promoter shall be maintained by the promoter to the reasonable satisfaction of National Grid Gas Plc and National Grid Electricity Transmission Plc; and

(h)except in case of emergency when it shall give such notice as it can, the promoter shall give to the National Grid Gas Plc and National Grid Electricity Transmission Plc not less than 42 days' notice in writing of its intention to carry out any works affecting any such accommodation or other facilities and, in carrying out the same, shall take such measures as National Grid Gas Plc and National Grid Electricity Transmission Plc may reasonably require for the protection of, or for preventing interference with, its apparatus laid or installed in the accommodation or other facilities.

Commencement Information

I75Sch. 12 para. 47 in force at 9.6.2009, see art. 1

Article 73

SCHEDULE 13E+WFOR PROTECTION OF BRITISH WATERWAYS BOARD

1.  For the protection of the British Waterways Board the following provisions shall, unless otherwise agreed in writing between the promoter and the British Waterways Board, have effect.E+W

Commencement Information

I76Sch. 13 para. 1 in force at 9.6.2009, see art. 1

InterpretationE+W

2.  In this Schedule—E+W

“the Board” means the British Waterways Board;

“the Board’s network” means the Board’s network of waterways;

“construction”, in relation to any specified work or protective work, includes—

(a)

the execution and placing of that work; and

(b)

any relaying, alteration, renewal or maintenance of that work; and

“construct” and “constructed” have corresponding meanings;

“detriment” means any damage to a waterway or any other property of the Board and, in particular, includes—

(a)

any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of a waterway;

(b)

the erosion of the bed or banks of a waterway, or the impairment of the stability of any works, lands or premises forming part of a waterway;

(c)

the siltation of a waterway or the deposit of materials in, so as to materially damage the waterway;

(d)

the pollution of a waterway;

(e)

any material alteration in the water level of a waterway, or material interference with the supply of water to a waterway, or drainage of water from a waterway;

(f)

any material harm to the ecology of a waterway (including any material adverse impact on any site of special scientific interest comprised in the Board’s network); and

(g)

any interference with the exercise by any person of rights over the Board’s network;

“the engineer” means an engineer appointed by the Board for the purpose in question;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

“protective work” means a work constructed under paragraph 8(3)(a);

“specified work” means so much of any of the authorised works (including any temporary closure or other operation carried out in connection with an authorised work) as is situated upon, across, under, over or within 15 metres of, or may in any way affect, a waterway;

“stoppage season” means the period between 1st November and 15th March; and

“waterway” means the canal or the River Trent and includes any work, structure, land or premises belonging to the Board, or under its management or control, and held or used by the Board in connection with the canal or the River Trent.

Commencement Information

I77Sch. 13 para. 2 in force at 9.6.2009, see art. 1

Powers requiring the Board’s consentE+W

3.—(1) The promoter shall not under the powers conferred by this Order acquire compulsorily any land of the Board relating to a waterway or any easement or other right over such land, or use any such land, unless such acquisition or use is with the consent of the Board.E+W

(2) The promoter shall not exercise the powers conferred by article 6(7)(a) (power to deviate) so as to deviate from the design of the bridge comprised in Work No.12 shown on the sections except with the consent of the Board.

(3) The promoter shall not in the exercise of the powers conferred by this Order, including article 12 (temporary stopping up of streets), obstruct or interfere with pedestrian or vehicular access to—

(a)a waterway; or

(b)any way over land comprised in a waterway,

unless such obstruction or interference with such access is with the consent of the Board.

(4) Nothing in article 21 (discharge of water) shall authorise the promoter—

(a)to discharge any water directly or indirectly into a waterway; or

(b)to carry out any works to, or make any opening in, or otherwise interfere with, a waterway (including its banks and bed),

except with the consent of the Board and in accordance with plans approved by, and under the supervision (if given) of, the engineer.

(5) The promoter shall not exercise any power conferred by this Order in such a way as to interfere with the supply of water to or the drainage of water from a waterway unless such exercise is with the consent of the Board.

(6) The promoter shall not exercise the powers conferred by article 22 (safeguarding works to buildings), article 25 (power to survey and investigate land, etc.), or the powers conferred by section 11(3) of the 1965 Act, in relation to a waterway unless such exercise is with the consent of the Board.

(7) The promoter shall not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 11 (provisions relating to statutory undertakers, etc.), so as to divert any right of access to a waterway, but such right of access may be diverted with the consent of the Board.

(8) The consent of the Board pursuant to sub-paragraphs (1) to (7) and the approval of plans under sub-paragraph (4) shall not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions which, in the case of article 21, may include conditions—

(a)specifying the maximum volume of water which may be discharged in any period;

(b)authorising the Board on giving reasonable notice to the promoter (except in an emergency, when the Board may require immediate suspension) to require the promoter to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational requirement of the Board; and

(c)in the case of a discharge, concerning the reimbursement by the promoter of expenses reasonably incurred by the Board in disposing of the water so discharged, being expenses which the Board would not have incurred but for the discharge.

Commencement Information

I78Sch. 13 para. 3 in force at 9.6.2009, see art. 1

Vehicles, plant and machineryE+W

4.—(1) The promoter shall not use any land or property of the Board forming part of a waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—E+W

(a)with the consent in writing of the engineer, whose consent shall not be unreasonably withheld; and

(b)subject to compliance with such reasonable requirements as the engineer may from time to time specify—

(i)for the prevention of detriment; or

(ii)in order to avoid or reduce any inconvenience to the Board, its officers and agents and all other persons lawfully on such land or property,

but nothing in this paragraph shall apply in relation to anything done in accordance with any approval given by the Board under paragraph 8.

Commencement Information

I79Sch. 13 para. 4 in force at 9.6.2009, see art. 1

Closure of towing paths, etc.E+W

5.  If in consequence of or in connection with the exercise of the powers conferred by this Order any part of a towing path or any public right of way giving access to it (“the closed section”) is temporarily closed to persons on foot, on cycles or in a wheelchair and there is no way which provides a reasonable alternative, the promoter shall, if reasonably practicable and to the reasonable satisfaction of the Board, provide in substitution a sufficient and convenient way for such persons between the points of commencement and termination of the closed section for such time as the closure continues.E+W

Commencement Information

I80Sch. 13 para. 5 in force at 9.6.2009, see art. 1

FencingE+W

6.  Where so required by the engineer the promoter shall to the reasonable satisfaction of the engineer fence off a specified work or a protective work or take such other steps as the engineer may require to be taken for the purpose of separating a specified work or a protective work from a waterway, whether on a temporary or permanent basis or both.E+W

Commencement Information

I81Sch. 13 para. 6 in force at 9.6.2009, see art. 1

Survey of waterwayE+W

7.—(1) Before the commencement of the initial construction of any part of the specified works and again following completion of the specified works the promoter shall bear the reasonable cost of the carrying out by a qualified engineer (“the surveyor”), to be approved by the Board and the promoter, of surveys (“the surveys”) of so much of any waterway and of any land and existing works of the promoter as may provide support for the waterway as will or may be affected by the specified works.E+W

(2) For the purposes of the surveys the promoter shall—

(a)on being given reasonable notice (except in case of emergency, when immediate access shall be afforded) afford reasonable facilities to the surveyor for access to the site of the specified works and to any land and existing works of the promoter which may provide support for the waterway as will or may be affected by the specified works; and

(b)supply the surveyor as soon as reasonably practicable with all such information as the surveyor may reasonably require with regard to such existing works of the promoter and to the specified works or the method of their construction.

(3) The reasonable costs of any survey under this paragraph shall include the costs of any dewatering or reduction of the water level of any part of the relevant waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey; and the provisions of this Schedule shall apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

(4) Copies of the surveys shall be provided to both the Board and the promoter.

Commencement Information

I82Sch. 13 para. 7 in force at 9.6.2009, see art. 1

Approval of plans, protective works, etc.E+W

8.—(1) The promoter shall before commencing construction of any specified work, including any temporary work, supply to the Board proper and sufficient plans of that work and such further particulars available to it as the Board may within 14 days of the submission of the plans reasonably require for the approval of the engineer and shall not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.E+W

(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld or delayed, and if within 56 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the Board the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer shall be deemed to have approved the plans as submitted.

(3) When signifying approval of the plans the engineer may specify—

(a)any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer is reasonably necessary to be carried out before the commencement of a specified work to prevent detriment; and

(b)such other requirements as may be reasonably necessary to prevent detriment, including reasonable requirements to minimise the impact of the specified work on the passage of vessels in the categories referred to in paragraph 14(2),

and such protective works shall be constructed (at the promoter’s expense) by the promoter, or by the Board at the promoter’s request, with all reasonable dispatch; and the promoter shall not commence the construction of a specified work until the engineer has notified the promoter that the protective works have been completed to the engineer’s reasonable satisfaction.

(4) The promoter shall pay to the Board a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any works, including any permanent protective works provided under sub-paragraph (3), and of carrying out any additional dredging of the waterway necessitated by the exercise of any of the powers conferred by this Order; but if the cost of maintaining the waterway, or of works of renewal of the waterway, is reduced in consequence of any such works, a capitalised sum representing such reasonable saving shall be set off against any sum payable by the promoter to the Board under this paragraph.

(5) In the event that the promoter fails to complete the construction of, or part of, a specified work the Board may, if it is reasonably required in order to avoid detriment, construct any work, or part of such work (together with any adjoining work) in order to complete the construction of, or part of, the specified work or make such work and the promoter shall reimburse the Board all costs, fees, charges and expenses it has reasonably incurred in carrying out such work.

Commencement Information

I83Sch. 13 para. 8 in force at 9.6.2009, see art. 1

Design of worksE+W

9.  Without affecting its obligations under the foregoing provisions of this Schedule the promoter shall consult, collaborate with and respond constructively to any approach, suggestion, proposal or initiative made by the Board on—E+W

(a)the design and appearance of the specified works, including the materials to be used for their construction; and

(b)the environmental effects of the specified works,

and shall have regard to such reasonable views as may be expressed by the Board pursuant (in particular) to the requirements imposed on the Board by section 22 (general environmental and recreational duties) of the British Waterways Act 1995(7) and to the interest of the Board in preserving and enhancing the environment of its waterways.

Commencement Information

I84Sch. 13 para. 9 in force at 9.6.2009, see art. 1

Programming and notice of worksE+W

10.  On or before 1st June in any year the promoter shall notify the Board as to whether any specified work is programmed to be carried out during the period of 12 months from 1st November in that year and shall provide the Board with as much detail concerning any such works, their nature, date and likely duration as is available to the promoter and reasonably necessary to indicate the impact of those works on the waterway.E+W

Commencement Information

I85Sch. 13 para. 10 in force at 9.6.2009, see art. 1

11.  The promoter shall give to the engineer not less than 56 days' notice of its intention to—E+W

(a)commence the construction of any specified or protective work, or

(b)exercise the powers conferred by article 20 (temporary closure of, and works in, waterways), except in case of emergency, when the promoter shall give such notice as may be reasonably practicable so that, in particular, the Board may where appropriate arrange for the publication of notices bringing the work to the attention of users of the Board’s network.

Commencement Information

I86Sch. 13 para. 11 in force at 9.6.2009, see art. 1

12.  Except in case of emergency the promoter shall exercise the powers conferred by article 20 (temporary closure of, and works in, waterways) in relation to the relevant part of the canal only during the stoppage season.E+W

Commencement Information

I87Sch. 13 para. 12 in force at 9.6.2009, see art. 1

LightingE+W

13.  The promoter shall provide and maintain at its own expense in the vicinity of the specified or protective works such temporary lighting and such signal lights for the control of navigation as the engineer may reasonably require during the construction or failure of the specified or protective works.E+W

Commencement Information

I88Sch. 13 para. 13 in force at 9.6.2009, see art. 1

Construction of specified worksE+W

14.—(1) Any specified or protective work shall, when commenced, be constructed—E+W

(a)with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as provided in paragraph 8(1) and with any requirement made under paragraph 8(3)(b);

(b)under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c)in such manner as to cause as little detriment as is reasonably practicable, and

(d)in such manner as to cause as little inconvenience as is reasonably practicable to the Board, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by the Board.

(2) Nothing in this Order shall authorise the promoter to make or maintain any permanent work in or over a waterway so as to impede or prevent (whether by reducing the width of a waterway or otherwise) the passage—

(a)in the case of any waterway to which the provisions of sections 105(1)(b) and 105(2) of the Transport Act 1968(8) apply, of any vessel which is of a kind (as to its dimensions) for which the Board is required by sections 105(1)(b) and 105(2) of the Transport Act 1968 to maintain the waterway; or

(b)in the case of any other waterway, of any vessel such as would have been capable of navigating the waterway on 17th April 2007.

(3) Following completion of the construction of any specified work the promoter shall restore the waterway to a condition no less satisfactory than its condition immediately prior to the commencement of that work.

Commencement Information

I89Sch. 13 para. 14 in force at 9.6.2009, see art. 1

15.—(1) Any pile, stump or other obstruction which becomes exposed in consequence of a specified work shall be removed by the promoter or, if it is not reasonably practicable to remove it, shall be cut off at such level below the bed of a waterway as the Board may direct.E+W

(2) If the promoter fails to remove any such pile, stump or other obstruction within 28 days after receipt of written notice from the Board requiring the removal, the Board may carry out the removal and recover its costs from the promoter.

Commencement Information

I90Sch. 13 para. 15 in force at 9.6.2009, see art. 1

Prevention of pollutionE+W

16.  The promoter shall not in the course of constructing a specified work or a protective work or otherwise in connection with such a work do or permit anything which may result in the pollution of a waterway or the deposit of materials in it and shall take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph.E+W

Commencement Information

I91Sch. 13 para. 16 in force at 9.6.2009, see art. 1

Access to work: provision of informationE+W

17.—(1) The promoter, on being given reasonable notice, shall—E+W

(a)at all times allow reasonable facilities to the engineer for access to a specified work during its construction; and

(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

(2) The Board, on being given reasonable notice, shall—

(a)at all times afford reasonable facilities to the promoter and its agents for access to any works carried out by the Board under this Schedule during their construction; and

(b)supply the promoter with such information as it may reasonably require with regard to such works or the method of constructing them.

Commencement Information

I92Sch. 13 para. 17 in force at 9.6.2009, see art. 1

Costs of alterations, etc.E+W

18.  Any additional expenses which the Board may reasonably incur in altering, reconstructing or maintaining a waterway under any powers in existence on the date when this Order was made by reason of the existence of a specified work shall, provided that 56 days' previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the promoter, be repaid by the promoter to the Board.E+W

Commencement Information

I93Sch. 13 para. 18 in force at 9.6.2009, see art. 1

Alterations to waterwayE+W

19.—(1) If during the construction of a specified work or a protective work, or during a period of 24 months after the completion of any such work any alterations or additions, either permanent or temporary, to a waterway are reasonably necessary in consequence of the construction of the specified work or the protective work in order to avoid detriment, and the Board gives to the promoter reasonable notice of its intention to carry out such alterations or additions (which shall be specified in the notice), the promoter shall pay to the Board the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the Board in maintaining, working and, when necessary, renewing any such alterations or additions.E+W

(2) If the cost of maintaining, working or renewing the waterway is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the promoter to the Board under this paragraph.

Commencement Information

I94Sch. 13 para. 19 in force at 9.6.2009, see art. 1

Removal of temporary works and materialE+W

20.—(1) The promoter shall upon completion of any part of any permanent specified work remove as soon as practicable any temporary works and materials for temporary works constructed or placed in, on, over or under a waterway in connection with that part of the work.E+W

(2) All temporary works shall be removed to the reasonable satisfaction of the engineer, and in the construction, maintenance and removal of such works the promoter shall not cause avoidable detriment.

Commencement Information

I95Sch. 13 para. 20 in force at 9.6.2009, see art. 1

Maintenance of worksE+W

21.  If at any time after the completion of a specified work or a protective work, not being a work vested in the Board, the Board gives notice to the promoter informing it that the state of maintenance of the work appears to be such that the work is causing or likely to cause detriment, the promoter shall, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment.E+W

Commencement Information

I96Sch. 13 para. 21 in force at 9.6.2009, see art. 1

Repayment of the Board’s fees, etc.E+W

22.  The promoter shall repay to the Board all fees, costs, charges and expenses reasonably and properly incurred by the Board—E+W

(a)in constructing any protective works under the provisions of paragraph 8(3)(a);

(b)in respect of the approval by the engineer of plans submitted by the promoter and the supervision by the engineer of the construction or repair of a specified work and any protective works;

(c)in respect of the employment during the construction of the specified works or any protective works of any inspectors, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, watching and lighting any waterway and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works or any protective works;

(d)in bringing the specified works or any protective works to the notice of users of the Board’s network, including notice of the exercise of the powers conferred by article 20 (temporary closure of, and works in, waterways); and

(e)in carrying out any assessment or monitoring of the impact of the authorised works on any waterway.

Commencement Information

I97Sch. 13 para. 22 in force at 9.6.2009, see art. 1

Making good of detriment: compensation and indemnity, etc.E+W

23.—(1) If any detriment shall be caused by the construction or failure of the specified works, or the protective works if carried out by the promoter, the promoter (if so required by the Board) shall make good such detriment and shall pay to the Board all reasonable expenses to which the Board may be put, and compensation for any loss which the Board may sustain, in making good or otherwise by reason of the detriment.E+W

(2) The promoter shall be responsible for and make good to the Board all costs, charges, damages, expenses and losses arising by reason or in consequence of the exercise of the powers conferred by this Order and not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by the Board including any arising—

(a)by reason of the construction of a specified work or a protective work or the failure of such a work; or

(b)by reason of any act or omission of the promoter or of any person in its employ or of its contractors or others whilst engaged upon the construction of a specified work or a protective work,

and subject to sub-paragraph (4) the promoter shall effectively indemnify and hold harmless the Board from and against all claims and demands arising out of or in connection with any of the matters referred to in paragraphs (a) and (b).

(3) The fact that any act or thing may have been done by the Board on behalf of the promoter or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision or in accordance with any directions or awards of an arbitrator shall not (if it was done without negligence on the part of the Board or of any person in its employ or of its contractors or agents) excuse the promoter from any liability under the provisions of this paragraph.

(4) The Board shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of the promoter.

Commencement Information

I98Sch. 13 para. 23 in force at 9.6.2009, see art. 1

Details of capitalised sums to be providedE+W

24.  Where under any provision of this Schedule the Board or the promoter (as the case may be) is entitled to a capitalised sum, it shall provide such details of the formula by which the sum is calculated as may reasonably be requested by the party required to pay the sum.E+W

Commencement Information

I99Sch. 13 para. 24 in force at 9.6.2009, see art. 1

ArbitrationE+W

25.  Any difference arising between the promoter and the Board under this Schedule (other than a difference as to the meaning or construction of this Schedule) shall be referred to and settled by arbitration in accordance with article 82 (arbitration).E+W

Commencement Information

I100Sch. 13 para. 25 in force at 9.6.2009, see art. 1

Articles 74 and 88

SCHEDULE 14E+WFOR PROTECTION OF RAILWAY INTERESTS

1.  The following provisions shall have effect, unless otherwise agreed in writing between the promoter and Network Rail Infrastructure Limited and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.E+W

Commencement Information

I101Sch. 14 para. 1 in force at 9.6.2009, see art. 1

2.  In this Schedule—E+W

  • “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

  • “DBSR” means DB Schenker Rail (UK) Limited and includes its successors from time to time;

  • “EMTL” means East Midlands Trains Limited or (where the context permits) its successors as station facility owner (as defined in the Railways Act 1993(9)) in relation to Network Rail Infrastructure Limited’s existing station known as Nottingham Station;

  • “the engineer” means an engineer appointed by Network Rail Infrastructure Limited for the purposes of this Order;

  • “Freightliner” means Freightliner Group Limited and includes its successors from time to time;

  • “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8 of the Railways Act 1993;

  • “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985(10)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

  • “Network Rail Infrastructure Limited” means Network Rail Infrastructure Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02904587;

  • “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

  • “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

  • “railway property” means any railway belonging to Network Rail Infrastructure Limited and—

    (a)

    any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; and

    (b)

    any easement or other property interest held by or used for the benefit of Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

  • “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

Commencement Information

I102Sch. 14 para. 2 in force at 9.6.2009, see art. 1

3.—(1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.E+W

(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, DBSR, EMTL, Freightliner and Network Rail Infrastructure Limited shall—

(a)co-operate with the promoter with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b)use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works pursuant to this Order.

Commencement Information

I103Sch. 14 para. 3 in force at 9.6.2009, see art. 1

4.—(1) The promoter shall not exercise the powers conferred by article 25 (power to survey and investigate land, etc.) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail Infrastructure Limited.E+W

(2) The promoter shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail Infrastructure Limited.

(3) The promoter shall not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 11 (provisions relating to statutory undertakers, etc.), in relation to any right of access of Network Rail Infrastructure Limited to railway property, but such right of access may be diverted with the consent of Network Rail Infrastructure Limited.

(4) The promoter shall not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail Infrastructure Limited.

(5) Where Network Rail Infrastructure Limited is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

Commencement Information

I104Sch. 14 para. 4 in force at 9.6.2009, see art. 1

5.—(1) The promoter shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.E+W

(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail Infrastructure Limited the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer shall be deemed to have approved the plans as submitted.

(3) If by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail Infrastructure Limited, Network Rail Infrastructure Limited gives notice to the promoter that Network Rail Infrastructure Limited desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail Infrastructure Limited then, if the promoter desires such part of the specified work to be constructed, Network Rail Infrastructure Limited shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the promoter in accordance with the plans approved or deemed to be approved or settled under this paragraph.

(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail Infrastructure Limited or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail Infrastructure Limited but at the expense of the promoter, or if Network Rail Infrastructure Limited so desires such protective works shall be carried out by the promoter at its own expense with all reasonable dispatch and the promoter shall not commence the construction of the specified works until the engineer has notified the promoter that the protective works have been completed to the engineer’s reasonable satisfaction.

Commencement Information

I105Sch. 14 para. 5 in force at 9.6.2009, see art. 1

6.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) shall, when commenced, be constructed—E+W

(a)with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

(b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

(c)in such manner as to cause as little damage as is possible to railway property; and

(d)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail Infrastructure Limited or the traffic on it and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the promoter shall, regardless of any such approval, make good such damage and shall pay to Network Rail Infrastructure Limited all reasonable expenses to which Network Rail Infrastructure Limited may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Schedule shall impose any liability on the promoter with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail Infrastructure Limited or its servants, contractors or agents or any liability on Network Rail Infrastructure Limited with respect to any damage, costs, expenses or loss attributable to the negligence of the promoter or its servants, contractors or agents.

Commencement Information

I106Sch. 14 para. 6 in force at 9.6.2009, see art. 1

7.  The promoter shall—E+W

(a)at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

Commencement Information

I107Sch. 14 para. 7 in force at 9.6.2009, see art. 1

8.  Network Rail Infrastructure Limited shall at all times afford reasonable facilities to the promoter and its agents for access to any works carried out by Network Rail Infrastructure Limited under this Schedule during their construction and shall supply the promoter with such information as it may reasonably require with regard to such works or the method of constructing them.E+W

Commencement Information

I108Sch. 14 para. 8 in force at 9.6.2009, see art. 1

9.—(1) If any permanent or temporary alterations or additions to railway property, or any protective works under paragraph 5(4), are reasonably necessary during the construction of a specified work, or during a period of 12 months after the commencement of regular revenue-earning operations on the authorised tramway comprised in any specified work, in consequence of the construction of a specified work, such alterations and additions may be carried out by Network Rail Infrastructure Limited and if Network Rail Infrastructure Limited gives to the promoter reasonable notice of its intention to carry out such alterations or additions, the promoter shall pay to Network Rail Infrastructure Limited the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail Infrastructure Limited in maintaining, working and, when necessary, renewing any such alterations or additions.E+W

(2) If during the construction of a specified work by the promoter, Network Rail Infrastructure Limited gives notice to the promoter that Network Rail Infrastructure Limited desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail Infrastructure Limited then, if the promoter desires that part of the specified work to be constructed, Network Rail Infrastructure Limited shall assume construction of that part of the specified work and the promoter shall, regardless of any such approval of a specified work under paragraph 5(1), pay to Network Rail Infrastructure Limited all reasonable expenses to which Network Rail Infrastructure Limited may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail Infrastructure Limited of that specified work.

(3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the promoter to Network Rail Infrastructure Limited under this paragraph.

Commencement Information

I109Sch. 14 para. 9 in force at 9.6.2009, see art. 1

10.  The promoter shall repay to Network Rail Infrastructure Limited all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail Infrastructure Limited—E+W

(a)in constructing any part of a specified work on behalf of the promoter as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b)in respect of the approval by the engineer of plans submitted by the promoter and the supervision by the engineer of the construction of a specified work;

(c)in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d)in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

(e)in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

Commencement Information

I110Sch. 14 para. 10 in force at 9.6.2009, see art. 1

11.—(1) In this paragraph—E+W

  • “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the authorised works (including the operation of tramcars using the tramway comprised in the works) where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

  • “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail Infrastructure Limited for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised works giving rise to EMI (unless the promoter has been given notice in writing before the approval of those plans of the intention to make such change).

(3) Subject to sub-paragraph (5), the promoter shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Network Rail Infrastructure Limited (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the promoter’s compliance with sub-paragraph (3)—

(a)the promoter shall consult with Network Rail Infrastructure Limited as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail Infrastructure Limited (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b)Network Rail Infrastructure Limited shall make available to the promoter all information in the possession of Network Rail Infrastructure Limited reasonably requested by the promoter in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

(c)Network Rail Infrastructure Limited shall allow the promoter reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail Infrastructure Limited shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in the reasonable discretion of Network Rail Infrastructure Limited, and in relation to such modifications paragraph 5(1) shall have effect subject to this sub-paragraph.

(6) If at any time prior to the commencement of regular revenue-earning operations on the authorised tramway comprised in the authorised works and regardless of any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the promoter shall immediately upon receipt of notification by Network Rail Infrastructure Limited of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the promoter’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a)the promoter shall afford reasonable facilities to Network Rail Infrastructure Limited for access to the promoter’s apparatus in the investigation of such EMI;

(b)Network Rail Infrastructure Limited shall afford reasonable facilities to the promoter for access to Network Rail’s apparatus in the investigation of such EMI; and

(c)Network Rail Infrastructure Limited shall make available to the promoter any additional material information in its possession reasonably requested by the promoter in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail Infrastructure Limited approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

(a)Network Rail Infrastructure Limited shall allow the promoter reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b)any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the promoter in accordance with paragraph 6.

(9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail Infrastructure Limited through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

(11) In relation to any dispute arising under this paragraph the reference in article 82 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

Commencement Information

I111Sch. 14 para. 11 in force at 9.6.2009, see art. 1

12.  If at any time after the completion of a specified work, not being a work vested in Network Rail Infrastructure Limited, Network Rail Infrastructure Limited gives notice to the promoter informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the promoter shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.E+W

Commencement Information

I112Sch. 14 para. 12 in force at 9.6.2009, see art. 1

13.  The promoter shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail Infrastructure Limited unless it shall have first consulted Network Rail Infrastructure Limited and it shall comply with Network Rail Infrastructure Limited’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.E+W

Commencement Information

I113Sch. 14 para. 13 in force at 9.6.2009, see art. 1

14.  Any additional expenses which Network Rail Infrastructure Limited may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days' previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the promoter, be repaid by the promoter to Network Rail Infrastructure Limited.E+W

Commencement Information

I114Sch. 14 para. 14 in force at 9.6.2009, see art. 1

15.—(1) The promoter shall pay to Network Rail Infrastructure Limited all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—E+W

(a)by reason of the construction or maintenance of a specified work or the failure of such a work; or

(b)by reason of any act or omission of the promoter or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and the promoter shall indemnify Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail Infrastructure Limited on behalf of the promoter or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the supervision of the engineer shall not (if it was done without negligence on the part of Network Rail Infrastructure Limited or of any person in its employ or of its contractors or agents) excuse the promoter from any liability under the provisions of this sub-paragraph.

(2) Network Rail Infrastructure Limited shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of the promoter.

(3) The sums payable by the promoter under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between Network Rail Infrastructure Limited and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail Infrastructure Limited shall promptly pay to each train operator the amount of any sums which Network Rail Infrastructure Limited receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail Infrastructure Limited the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

(6) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail Infrastructure Limited’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993(11).

Commencement Information

I115Sch. 14 para. 15 in force at 9.6.2009, see art. 1

16.  Network Rail Infrastructure Limited shall, on receipt of a request from the promoter, from time to time provide the promoter free of charge with written estimates of the costs, charges, expenses and other liabilities for which the promoter is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the promoter to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Schedule (including any claim relating to those relevant costs).E+W

Commencement Information

I116Sch. 14 para. 16 in force at 9.6.2009, see art. 1

17.  In the assessment of any sums payable to Network Rail under this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the promoter under this Schedule or increasing the sums so payable.E+W

Commencement Information

I117Sch. 14 para. 17 in force at 9.6.2009, see art. 1

18.  The promoter and Network Rail Infrastructure Limited may, subject in the case of Network Rail Infrastructure Limited to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the promoter of—E+W

(a)any railway property shown on the works and land plans and described in the book of reference;

(b)any lands, works or other property held in connection with any such railway property; and

(c)any rights and obligations (whether or not statutory) of Network Rail Infrastructure Limited relating to any railway property or any lands, works or other property referred to in this paragraph.

Commencement Information

I118Sch. 14 para. 18 in force at 9.6.2009, see art. 1

19.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall affect the operation of Part 1 of the Railways Act 1993.E+W

Commencement Information

I119Sch. 14 para. 19 in force at 9.6.2009, see art. 1

20.  The promoter shall give written notice to Network Rail if any application is proposed to be made by the promoter for the Secretary of State’s consent under article 55 (powers of disposal, agreements for operation, etc.) and any such notice shall be given no later than 28 days before any such application is made and shall describe or give (as appropriate)—E+W

(a)the nature of the application to be made;

(b)the extent of the geographical area to which the application will relate; and

(c)the name and address of the person acting for the Secretary of State to whom the application is to be made.

Commencement Information

I120Sch. 14 para. 20 in force at 9.6.2009, see art. 1

21.  The promoter shall, no later than 28 days from the date that the plans submitted to the Secretary of State are certified in accordance with article 79 (certification of plans, etc.), provide a set of those plans to Network Rail Infrastructure Limited in the form of a computer disc with read only memory.E+W

Commencement Information

I121Sch. 14 para. 21 in force at 9.6.2009, see art. 1

Article 83

SCHEDULE 15E+WREPEALS OF THE 1994 ACT

PART 1E+WENACTMENTS WITHIN THE 1994 ACT REPEALED WITH IMMEDIATE EFFECT

Commencement Information

I122Sch. 15 Pt. 1 in force at 9.6.2009, see art. 1

Enactments Repealed
Section 5(1), except in so far as it relates to compensation
Section 5(2) and (3)
Section 6(2)
Section 9
Section 11
Section 14
Section 17(4)
Sections 19 to 21
Section 27(1)
Section 34(1) to (6)(a)
Section 35
Section 37
Section 38
Section 40
Section 41(2) and (3)
Section 42(2)
Section 43(2)
Section 46
Section 47
Section 70
Section 74
Section 76(2) and (3)
Section 78
Section 80
Schedule 2
Schedule 4
Schedule 6

PART 2E+WENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN LINE ONE IS FIRST OPERATED PURSUANT TO AN AGREEMENT MADE UNDER ARTICLE 55

Commencement Information

I123Sch. 15 Pt. 2 in force at 9.6.2009, see art. 1

Enactments RepealedE+W

Enactments Repealed
Section 3
Section 4
Section 6(1)
Section 7
Section 8
Section 10
Section 12
Section 13
Section 15
Section 16
Section 17(1) to (3)
Section 18
Section 22(a) to (d)
Sections 23 to 25
Section 39
Section 41(1) and (4) to (19)
Section 42(1), (3) to (16) and (18)
Section 43(3) to (5), (7) and (11)
Section 44(2) to (9), (14) and (16) to (18)
Section 45(2) to (17) and (19) to (21)
Part 5
Sections 57 to 69
Sections 71 to 73
Section 79
Section 81
Schedule 1
Schedule 3

PART 3E+WENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN ALL LAND OCCUPIED PURSUANT TO POWERS OF COMPULSORY ACQUISITION GRANTED BY THE 1994 ACT HAS BEEN COMPULSORILY ACQUIRED BY THE PROMOTER

Commencement Information

I124Sch. 15 Pt. 3 in force at 9.6.2009, see art. 1

Enactments Repealed

Section 26
Section 27(2)
Section 28(1) to (4)(a)
Section 29(1) to (8)
Section 32
Section 36
Schedule 5, paragraphs 2 to 4

Article 84

SCHEDULE 16E+WAPPLICATION TO LINE ONE

1.  On the coming into force of this Order, article 55 (powers of disposal, agreements for operation, etc.) shall apply to Line One to the same extent as it applies to the authorised works and the authorised tramway, subject to the provisions of this Schedule, but with the addition of the words “or under section 71 of the 1994 Act” at the end of paragraph (1)(c) of that article.E+W

Commencement Information

I125Sch. 16 para. 1 in force at 9.6.2009, see art. 1

2.    

(a)From the beginning of the day on which, pursuant to article 83(2) (repeals of the 1994 Act), the enactments within the 1994 Act specified in Part 2 of Schedule 15 are repealed, the provisions of this Order mentioned in paragraph 3 shall apply to Line One except to the specified works, to the same extent as they apply to the authorised tramway and the authorised works, subject to the provisions of this Schedule.

(b)From the beginning of the day on which, pursuant to article 83(3) (repeals of the 1994 Act), the enactments within the 1994 Act specified in Part 2 of Schedule 15 and applying to the specified works are repealed, the provisions of this Order mentioned in paragraph 3 shall apply to those works to the same extent as they apply to the authorised tramway and the authorised works, subject to the provisions of this Schedule.

(c)In sub-paragraphs (a) and (b) “the specified works” means the following works authorised by the 1994 Act—

(i)Work Nos. 3A and 3B;

(ii)Work No.6;

(iii)Work No.6B; and

(iv)Work No.7,

together with all necessary works and conveniences connected with those works.

Commencement Information

I126Sch. 16 para. 2 in force at 9.6.2009, see art. 1

3.  The provisions of this Order referred to in paragraph 2 are—E+W

(a)articles 3 and 4;

(b)articles 5(1) to (9), 6(1) to (6) and (7)(b), and 7(2);

(c)articles 8(2) and (3), 9, 10 and 13;

(d)paragraphs (2) to (5) of article 14, so far as they relate to any street altered by the promoter under article 8(2) as applied by sub-paragraph (c);

(e)articles 16 and 17;

(f)subject to paragraphs 5 to 7, article 19;

(g)article 21;

(h)article 23;

(i)article 25, so far as it applies to streets;

(j)article 26;

(k)Part 4, except articles 50 and 55;

(l)subject to paragraph 8, Part 5;

(m)article 70;

(n)article 71, so far as it relates to alteration, reconstruction or operation;

(o)articles 77, 78, 80 to 82 and (subject to paragraph 9) 88;

(p)subject to paragraph 10, Schedule 12, except for sub-paragraphs 47(a) and (b), so far as it relates to altering, replacing, relaying and removal;

(q)Schedule 13; and

(r)Schedule 14, so far as it relates to the alteration, reconstruction, operation or, in respect of paragraphs 12, 14 and 15(1)(a), maintenance of a specified work.

Commencement Information

I127Sch. 16 para. 3 in force at 9.6.2009, see art. 1

4.  In the application to Line One of any of the provisions of this Order mentioned in paragraphs 1 to 3, so far as the context permits—E+W

(a)references to the authorised street tramway, the authorised tramroad and the authorised tramway shall be treated, respectively, as references to—

(i)that part of the railway authorised by the 1994 Act which is designated by that Act as a tramway;

(ii)that part of the railway authorised by the 1994 Act which is not designated by that Act as a tramway; and

(iii)the railway, or any part of the railway, authorised by the 1994 Act, whether or not designated by that Act as a tramway;

(b)references to the scheduled works and to the authorised works shall be treated, respectively, as references to the works specified in Part 1 of Schedule 1 to the 1994 Act and references to all of the works authorised by the 1994 Act;

(c)references to the Order limits shall be treated as references to the limits of deviation shown on the deposited plans referred to in the 1994 Act; and

(d)references to the works and land plans, the sections and the book of reference shall be treated, respectively, as references to the deposited plans, the deposited sections and the deposited book of reference referred to in the 1994 Act, as the same may have been corrected under section 35 of that Act.

Commencement Information

I128Sch. 16 para. 4 in force at 9.6.2009, see art. 1

5.  The reference in article 19 (attachment of equipment to buildings) to any land specified in Schedule 6 (land not to be acquired compulsorily) or Schedule 8 (acquisition of new rights only) shall be omitted and the following additional provisions shall apply to the promoter’s exercise of the powers conferred by article 19 in respect of any building for the time being constructed on any land within the limits of deviation shown on the deposited plans referred to in the 1994 Act, as applied by paragraph 2—E+W

(a)the promoter shall not affix any apparatus to a building without the written consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld;

(b)where—

(i)the promoter serves on the relevant owner of a building a notice requesting the owner’s consent to the affixing of specified apparatus to the building; and

(ii)the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give consent unconditionally or give it subject to conditions or refuse it,

the consent shall be deemed to have been withheld;

(c)where, in the opinion of the promoter, a consent required under this paragraph for the affixing of specified apparatus is unreasonably withheld or given subject to unreasonable conditions, it may apply to the magistrates' court, who may either allow the apparatus to be affixed subject to such conditions, if any, as it thinks fit or may disallow the application;

(d)where apparatus is affixed to a building under this paragraph—

(i)any owner for the time being of the building may serve on the promoter not less than 56 days' notice requiring the promoter at its own expense temporarily to remove the apparatus during any reconstruction, demolition or repair of the building if such removal is reasonably necessary for that purpose; and

(ii)the promoter shall have the right as against any person having an interest in the building to use and maintain the apparatus;

(e)where, in the opinion of the promoter, a requirement temporarily to remove any apparatus affixed to a building under this paragraph during any demolition or maintenance of the building is not reasonably necessary for that purpose, the promoter may refer the matter to an arbitrator under article 82 (arbitration), who may either allow the apparatus to be temporarily removed or may order that it shall not be temporarily removed; and

(f)the promoter shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by article 19 and sub-paragraph (d)(ii); and any dispute as to a person’s entitlement to compensation, or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

Commencement Information

I129Sch. 16 para. 5 in force at 9.6.2009, see art. 1

6.  In paragraph 5 “the relevant owner” means—E+W

(a)in relation to a building occupied under a lease or tenancy having an unexpired term exceeding 5 years, that occupier of the building; or

(b)in relation to any other building, the person for the time being receiving the rack rent of the building whether on that person’s own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent.

Commencement Information

I130Sch. 16 para. 6 in force at 9.6.2009, see art. 1

7.  Sub-paragraphs (d), (e) and (f) of paragraph 5 shall apply to any apparatus affixed to a building in exercise of the powers conferred by the 1994 Act to the same extent as they apply to any apparatus affixed to a building in exercise of the powers conferred by article 19 (attachment of equipment to buildings) as applied to Line One by paragraph 2.E+W

Commencement Information

I131Sch. 16 para. 7 in force at 9.6.2009, see art. 1

8.  In respect of the application of Part 5 of this Order to Line One, the Secretary of State shall be deemed to have specified for the purpose of article 60(1) (operation of Part 5) the day on which Line One first begins to be operated pursuant to an agreement made under article 55 (powers of disposal, agreements for operation, etc.) as the day on and after which the provisions of Part 5 shall have effect in relation to Line One.E+W

Commencement Information

I132Sch. 16 para. 8 in force at 9.6.2009, see art. 1

9.  In respect of the application of article 88 (existing local railway legislation) to Line One in accordance with the provisions of paragraph 4(c), the local enactments by which any existing railway within or adjacent to the limits of deviation shown on the deposited plans referred to in the 1994 Act was authorised and which shall have effect subject to the provisions of this Order shall include the—E+W

(a)Midland Railways, Nottingham and Mansfield, Act 1846(12);

(b)the Midland Railway, Ripley Branches, Act 1848(13); and

(c)the London Midland and Scottish Railway Act 1947(14).

Commencement Information

I133Sch. 16 para. 9 in force at 9.6.2009, see art. 1

10.  In their application to Line One, in sub-paragraphs 47(c) to (h) of Schedule 12 (for protection of electricity, gas, water and sewerage undertakers), references to—E+W

(a)“accommodation or other facilities” shall be taken to refer to accommodation or other facilities for the laying of apparatus that were provided by the promoter pursuant to section 45(16)(a) and (b) of the 1994 Act to a licence holder within the meaning of Part 1 of the Electricity Act 1989(15), a gas transporter within the meaning of the Gas Act 1986(16) or a water undertaker; and

(b)“National Grid Gas Plc” and “National Grid Electricity Transmission Plc” shall be taken to refer to such a licence holder, gas transporter or water undertaker.

Commencement Information

I134Sch. 16 para. 10 in force at 9.6.2009, see art. 1

Article 85

SCHEDULE 17E+WAGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1994 ACT OR THE CONSTRUCTION OR MAINTENANCE OF LINE ONE

InterpretationE+W

1.  In this Schedule “the Line One agreements” means the following undertakings given or agreements entered into by the promoter in connection with the Bill for the 1994 Act or the construction, operation or maintenance of Line One—E+W

(a)the General Works Agreement with Railtrack PLC, dated 11th May 2000;

(b)the Operating Framework Agreement with Railtrack PLC, Arrow Light Rail Limited, and Transdev Tram U.K. Limited, dated 11th May 2000;

(c)the Railtrack Enabling Works (Phase 1) Agreement with Arrow Light Rail Limited, dated 29th March 1999;

(d)the Maintenance Agreement with Railtrack PLC, dated 11th May 2000;

(e)the Rail Regulator Agreement with Railtrack PLC, Arrow Light Rail Limited, Transdev Tram U.K. Limited, Nottingham City Transport Limited, DaimlerChrysler Rail Systems (UK) Limited, Carillion Construction Limited, dated 11th May 2000;

(f)the Deed of Release with Railtrack PLC, dated 11th May 2000;

(g)the Services Agreement with Railtrack PLC, Arrow Light Rail Limited, DaimlerChrysler Rail Systems (UK) Limited, and Carillion Construction Limited, dated 11th May 2000;

(h)the Property Agreement with Railtrack PLC, dated 11th May 2000;

(i)the Facility Ownership Agreement with Network Rail Infrastructure Limited dated 9th August 2005;

(j)the agreement with Debenhams PLC, dated 8th February 1994;

(k)the agreement with Severn Trent Water Limited, dated 23rd March 1994;

(l)the agreement with Pedals, dated 2nd December 1993;

(m)the agreement with the British Coal Corporation, dated 25th August 1993; and

(n)the memorandum of agreement with British Gas PLC, Severn Trent Water Limited, East Midlands Electricity PLC, and British Telecommunications PLC, dated 25th August 1993,

and “Line One agreement” means any of the Line One agreements.

Commencement Information

I135Sch. 17 para. 1 in force at 9.6.2009, see art. 1

Application to this OrderE+W

2.  Subject to the provisions of this Schedule, the Line One agreements shall, so far as relevant and the circumstances permit, continue to apply to the operation and maintenance of Line One under this Order as they apply to the operation and maintenance of Line One under the 1994 Act, regardless of the repeal of any provision of the 1994 Act by this Order.E+W

Commencement Information

I136Sch. 17 para. 2 in force at 9.6.2009, see art. 1

References to provisions of the 1994 Act that are repealed and re-enacted by this OrderE+W

3.  For the purposes of the application of section 17(2)(a) of the Interpretation Act 1978(17) to the Line One agreements, any reference in a Line One agreement to a provision of the 1994 Act that has been repealed and re-enacted by a provision of this Order, shall be construed as a reference to the re-enacted provision only to the extent that it applies to the operation or maintenance of Line One.E+W

Commencement Information

I137Sch. 17 para. 3 in force at 9.6.2009, see art. 1

Effect of repeals on Line One agreementsE+W

4.  Regardless of any provision in a Line One agreement to the contrary, the repeal of any provision of the 1994 Act by this Order shall not allow any party to a Line One agreement to terminate that agreement or determine any of the rights exercisable under it when that party would not otherwise have been able to terminate it or determine them.E+W

Commencement Information

I138Sch. 17 para. 4 in force at 9.6.2009, see art. 1

5.  No reference in a Line One agreement to a person exercising any powers, having the benefit of any rights or being subject to any obligation in respect of Line One by virtue of an agreement entered into under section 71 of the 1994 Act shall be deemed to be a reference to a person exercising any functions in respect of the authorised works by virtue of an agreement entered into under article 55 (powers of disposal, agreements for operations, etc.) solely by virtue of the repeal of that section.E+W

Commencement Information

I139Sch. 17 para. 5 in force at 9.6.2009, see art. 1

6.  The references in the following Line One agreements to specified provisions of the 1994 Act shall be construed as if those provisions were still in force for the purposes of each such agreementE+W

(a)in the General Works Agreement with Railtrack PLC, dated 11th May 2000, the references to—

  • section 25;

  • section 41(2)(b);

  • section 41(7);

  • section 41(8);

  • section 41(14); and

  • section 41(16);

(b)in the Operating Framework Agreement with Railtrack PLC, Arrow Light Rail Limited, and Transdev Tram U.K. Limited, dated 11th May 2000, the reference to section 25;

(c)in the Maintenance Agreement with Railtrack PLC, dated 11th May 2000, the references to—

  • section 41(13);

  • section 41(14)(b); and

  • section 41(15); and

(d)in the Services Agreement with Railtrack PLC, Arrow Light Rail Limited, DaimlerChrysler Rail Systems (UK) Limited, and Carillion Construction Limited, dated 11th May 2000, the references to—

  • section 41(14)(b); and

  • section 41(15).

Commencement Information

I140Sch. 17 para. 6 in force at 9.6.2009, see art. 1

(5)

1986 c. 44. A new section 1 was substituted by section 5 of the Gas Act 1995, c. 45, and was further amended by section 76 of the Utilities Act 2000, c. 27.

(10)

1985 c. 6.

(12)

9 & 10 Vict. c. clxiii.

(13)

11 & 12 Vict. c. lxxxviii.

(14)

10 & 11 Geo. 6 c. xxxv.

Yn ôl i’r brig

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