The London Underground (Northern Line Extension) Order 2014

PART 2 WORKS PROVISIONS

Principal powers

Power to construct and maintain works

4.—(1) LUL may construct and maintain the scheduled works.

(2) Subject to article 5 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) Subject to paragraph (6), LUL may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

(a) works required for the strengthening, improvement, repair or reconstruction of any street;

(b) works for the strengthening, alteration or demolition of any building;

(c) works to erect and construct offices, head houses and other buildings, machinery, apparatus, works and conveniences;

(d) railway electrification and signalling works;

(e) station services and finishes;

(f) means of access, including footpaths;

(g) retaining walls, wing walls, shafts, drainage works and culverts;

(h) works to remove or alter the position of any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights;

(i) works to alter the course of, or otherwise interfere with, watercourses;

(j) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works;

(k) facilities and works for the benefit or protection of land or premises affected by the authorised works; and

(l) the felling of trees.

(4) Subject to paragraph (6), LUL may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.

(5) LUL may remove any works constructed by it under this Order which have been constructed as temporary works or which it no longer requires.

(6) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works—

(a) within the Order limits; or

(b) within the boundaries of any street abutting the Order limits or which has a junction with such a street.

(7) The powers conferred by this article may not be exercised within the boundaries of a street outside of the Order limits without the consent of the street authority but that consent must not be unreasonably withheld.

(8) In constructing and maintaining the scheduled works LUL may lay and install such number of railway lines, switches and crossings as may be necessary or expedient.

(9) The following enactments do not apply to anything done under or in pursuance of this Order—

(a) sections 70 and 73 of the 1968 Act (works not to be constructed, etc., without works licence and licensing of dredging, etc.); and

(b) section 109 of the Water Resources Act 1991(1), section 23 of the Land Drainage Act 1991(2) and any byelaws made under those Acts.

(10) Nothing in section 3 of the London Squares Preservation Act 1931(3) (protection of squares) has effect in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Order with respect to works.

(11) Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Order with respect to works.

(12) The authorised works may be constructed and maintained under the powers conferred by this article regardless of anything contained in, or done under, Part 1 of, or Schedule 2 to, the Commons Act 2006(4).

(13) (a) The provisions of the 2009 Act listed in sub-paragraph (b) that relate to marine licences and the enforcement of marine licences apply in relation to any works approved by the Marine Management Organisation under paragraph 78 of Schedule 8 (protective provisions) or determined under paragraph 85 of Schedule 8. Any such approval or determination is to be treated for the purposes of the application of those provisions listed in sub-paragraph (b) as a marine licence and any requirement of such approval or determination is to be treated for those same purposes as a condition attached to a marine licence under section 71(1) of the 2009 Act.

(b) The provisions of the 2009 Act referred to in sub-paragraph (a) are:

(i) section 65 (requirement for a licence);

(ii) Chapter 3 (enforcement) of Part 4 (marine licensing);

(iii) Chapter 2 (common enforcement powers) of Part 8 (enforcement); and

(iv) section 263 (power to require information relating to certain substances and objects),

and all other provisions of the 2009 Act that apply for the purposes of the provisions listed above.

Power to deviate

5.—(1) In constructing or maintaining any of the scheduled works, LUL may—

(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation and within the limits of land to be used only temporarily; and

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

(i) to any extent upwards not exceeding 3 metres except in relation to the parts of the scheduled works referred to in column (1) of the table below, where the extent of permitted upwards deviation for each such part is set out in the corresponding entry in column (2) of that table; and

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

(1) Part of scheduled work	(2) Upwards vertical deviation limit
Work No. 7 (excluding head house)	0.5 metres
Work No. 8 (shaft and adit)	0.5 metres
Work No. 8 (hatch at top of shaft)	Ground level

(2) Without limitation on the scope of paragraph (1), in constructing or maintaining the scheduled works LUL may within the limits mentioned in paragraph (1)—

(a) deviate from their points of commencement and termination shown on the deposited plans and the deposited sections; and

(b) deviate from the design of any tunnel or tunnel structure shown on the deposited sections and vary the number of tunnels and tunnel structures shown on the deposited sections.

(3) Regardless of the provisions of this article, Work No. 10 may not deviate laterally into any part of the land in the London Borough of Wandsworth numbered 10006 on the deposited plans.

Stations

6.—(1) LUL may construct, maintain and operate stations on the specified lands, or on some of them, and LUL may construct, maintain and operate all necessary works and conveniences connected with those stations.

(2) The works and conveniences referred to in paragraph (1) include the ventilation shafts shown on the deposited sections.

(3) Nothing contained in the Covent Garden Market Act 1966(5) applies to any station provided by LUL under the powers conferred by this article.

(4) In paragraph (1) “the specified lands” means the land in the London Borough of Lambeth numbered 30331, 30332, 30341, 30355, 30369, 40014, 40017, 40105, 40110, 40115, 40120, 40135, 40140 and 40145 on the deposited plans and the land in the London Borough of Wandsworth numbered 20200, 20201, 20205, 20215 and 20235 on the deposited plans.

Streets

Power to alter layout, etc., of streets

7.—(1) LUL may for the purposes of the authorised works alter the layout of any street within the Order limits and the layout of any street abutting the Order limits or which has a junction with such a street and without limitation on the scope of this power LUL may—

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

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

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

(d) carry out works for the provision, removal, suspension or alteration of parking places, loading bays, bus lanes, bus stop clearways and bus laybys.

(2) The powers conferred by paragraph (1) in relation to any street abutting the Order limits or which has a junction with such a street must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld.

Power to keep apparatus in streets

8.—(1) LUL may, for the purposes of or in connection with the construction, maintenance and use of the authorised works, alter, move, remove, place and maintain in any street within the Order limits any work, equipment or apparatus including foundations, road islands, substations, electric lines and any electrical or other apparatus.

(2) In this article—

(a) “apparatus” has the same meaning as in Part 3 of the 1991 Act;

(b) “electric line” has the meaning given by section 64(1) of the Electricity Act 1989(6); and

(c) the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.

Power to execute street works

9.  LUL may, for the purposes of and to the extent necessary for the construction of the authorised works, enter upon any of the streets within the Order limits and any street abutting the Order limits or which has a junction with such a street and break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street.

Temporary stopping up and diversion of streets

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

(a) divert the traffic from the street; and

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

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

(3) LUL must provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

(4) Without limitation on the scope of paragraph (1), LUL may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (2) of Schedule 2 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule.

(5) LUL must not exercise the powers conferred by this article—

(a) in relation to any street specified in Schedule 2 without first consulting the street authority; and

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

(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

Access to works

11.  LUL may, for the purposes of the authorised works—

(a) form and lay out means of access, or alter or improve existing means of access, in the locations marked on the deposited plans; and

(b) form and lay out such other means of access or alter or improve existing means of access at such locations within the Order limits as LUL reasonably requires for the purposes of the authorised works, as may be approved by the highway authority, but such approval must not be unreasonably withheld.

Agreements with street authorities

12.—(1) A street authority and LUL may enter into agreements with respect to—

(a) the strengthening or improvement of any street under the powers conferred by this Order;

(b) the maintenance of any street or of the structure of any bridge or tunnel carrying a street over or under the authorised railway;

(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order; or

(d) the execution in the street of any of the works referred to in article 9 (power to execute street works).

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

(a) provide for the street authority to carry out any function under this Order which relates to the street in question; and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

Use of private roads for construction

13.—(1) LUL may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised works.

(2) LUL must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

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

The River Thames

Works in the river

14.—(1) Without affecting the other powers conferred by this Order or otherwise available to it, LUL may within the river area for the purposes of or in connection with the construction of the authorised works and despite any interference with any public or private rights—

(a) alter, clean, dismantle, refurbish, remove, relocate or replace any work or structure;

(b) carry out excavations and clearance, dredging, deepening, scouring, cleansing, dumping and pumping operations;

(c) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(7)) obtained by it in carrying out any such operations;

(d) remove or relocate any mooring;

(e) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not);

(f) temporarily moor or anchor vessels and structures and load and unload into and from such vessels or structures equipment, machinery, soil and any other materials in connection with the construction of the authorised works;

(g) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the River Thames; and

(h) construct, place and maintain works and structures including piled fenders and protection piles,

in such manner and to such extent as may appear to it to be necessary or convenient.

(2) LUL may not exercise any of the powers conferred by paragraph (1)(h) in, on or over the land in the London Borough of Wandsworth numbered 10006 on the deposited plans without the prior consent of the Port of London Authority, such consent not to be unreasonably withheld.

(3) Except in the case of an emergency, LUL must use its reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers conferred by paragraph (1)(d) or (e) before the exercise of those powers.

(4) A person may not without the consent in writing of LUL (which may be given subject to conditions)—

(a) use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised works; or

(b) remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised works.

(5) A person who without reasonable excuse contravenes paragraph (4), or fails to comply with any conditions attached to a consent given by LUL under that paragraph, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) The power to dredge conferred by paragraph (1)(b) includes the power to carry out such additional dredging as may be required to provide side slopes or otherwise secure the dredged area against siltation, scouring or collapse.

(7) No materials dredged up or removed by LUL in exercise of the powers conferred by paragraph (1)(b) may be deposited except in accordance with a marine licence granted under Part 4 of the 2009 Act in any case where a marine licence is required by that Act.

Supplemental powers

No apparatus in the tunnels without consent

15.—(1) Regardless of anything contained in any other enactment, no person is to enter upon, break up or interfere with the tunnels or any part of the tunnels for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of LUL and in accordance with such terms and conditions as LUL may determine.

(2) In paragraph (1) “the tunnels” means the tunnels comprised in the authorised railway.

Discharge of water

16.—(1) LUL may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the exercise of the powers conferred by paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991(8).

(3) LUL must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but must not be unreasonably withheld.

(4) LUL must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) LUL must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) LUL must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension or any other potentially polluting material.

(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010(9).

(8) If a person who receives an application for consent or approval fails to notify LUL of a decision within 28 days of receiving that application for consent under paragraph (3) or approval under paragraph (4)(a) then that person is deemed to have granted consent or given approval, as the case may be.

(9) In this article, other than references to “public sewer or drain” or “watercourse”, expressions used both in this article and in the Water Resources Act 1991(10) have the same meaning as in that Act.

Water abstraction

17.—(1) The restriction imposed by section 24(1) of the Water Resources Act 1991(11) (restriction on abstraction of water) does not apply in relation to the abstraction of water for the purposes of, or in connection with, the construction of the authorised works.

(2) Section 48A(1) of the Water Resources Act 1991(12) (duty not to cause loss or damage to another by the abstraction of water) does not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this Order.

(3) Where—

(a) LUL causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this Order; and

(b) the circumstances are such that causing the loss or damage would have constituted breach of the duty under section 48A(1) of the Water Resources Act 1991, but for paragraph (2),

LUL must compensate the other person for the loss or damage.

(4) Compensation under paragraph (3) is to be assessed on the same basis as damages for breach of the duty under section 48A(1) of the Water Resources Act 1991.

(5) Section 48A(5) of the Water Resources Act 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under this article or under Part 3 of Schedule 8 (protection for the Environment Agency).

(6) In this article, “abstraction” has the same meaning as in the Water Resources Act 1991.

Protective works to buildings

18.—(1) Subject to the following provisions of this article, LUL may at its own expense and from time to time carry out such protective works to any building lying within the Order limits as LUL considers to be necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the construction in the vicinity of the building of any part of the authorised works; or

(b) after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised LUL may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage and place on, leave on and remove from the land monitoring apparatus.

(4) For the purpose of carrying out protective works under this article to a building LUL may (subject to paragraphs (5) and (6)) with all necessary plant and equipment—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land,

and in either case LUL may take exclusive possession of the building and land if this is reasonably required for the purpose of carrying out the protective works.

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter a building;

(c) a right under paragraph (4)(a) to enter and take possession of a building or land; or

(d) a right under paragraph (4)(b) to enter and take possession of land,

LUL must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter and take possession of the building or land to be referred to arbitration under article 48 (arbitration).

(7) LUL must compensate the owners and occupiers of any building or land in relation to which the powers conferred by this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use, it appears that the protective works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,

LUL must compensate the owners and occupiers of the building for any damage sustained by them.

(9) Without affecting article 47 (no double recovery), nothing in this article relieves LUL from any liability to pay compensation under section 10(2)(13) of the 1965 Act (further provision as to compensation for injurious affection).

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 of the 1961 Act.

(11) In this article “protective works”, in relation to a building, means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works;

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and

(c) any works the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted.

Planning permission

19.  Any planning permission which is deemed by a direction given under section 90(2A)(14) of the 1990 Act (development with government authorisation) to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).

Power to survey and investigate land, etc.

20.—(1) LUL may for the purposes of this Order—

(a) survey or investigate any land within the Order limits;

(b) without limitation on the scope of sub-paragraph (a), make trial holes in such positions as LUL thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on any such land;

(d) place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (c); and

(e) enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (d).

(2) No land may be entered, or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of LUL—

(a) must, if so required, before or after entering the land produce written evidence of authority to do so; and

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes are to be made under this article—

(a) in a carriageway or footway without the consent of the highway authority; or

(b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) LUL must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) If either a highway authority or a street authority fails to notify LUL of its decision within 14 days of receiving the application for consent under paragraph (4), that authority is deemed to have granted consent.

Power to lop trees overhanging the authorised works

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

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

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

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

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

Obstructing construction of the authorised works

22.  Any person who, without reasonable excuse—

(a) obstructs any person acting under the authority of LUL in constructing any of the authorised works; or

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

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

(1)

1991 c. 57.

(2)

1991 c. 59.

(3)

1931 c. xciii.

(4)

2006 c. 26.

(5)

1966 c. i.

(6)

1989 c. 29.

(7)

1995 c. 21.

(8)

1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

(9)

S.I. 2010/675.

(10)

1991 c. 57.

(11)

1991 c. 57.

(12)

Section 48A was inserted by section 24(1) of the Water Act 2003 (c. 37).

(13)

Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

(14)

Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).