The Network Rail (Hope Valley Capacity) Order 2018

Principal powers

Power to construct and maintain works

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

(2) Subject to article 7 (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) Network Rail may on the land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) carry out and maintain any works specified in relation to that land in column (3) of that Schedule with all necessary works and conveniences in connection with those works.

(4) Network Rail may, on the land specified in article 21(1) (cases where powers of acquisition limited to ground anchor rights) carry out and maintain any works specified in relation to that land in article 21(5)(a) with all necessary works and conveniences in connection with those works.

(5) Subject to paragraph (7), Network Rail 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) construction of electrical equipment, signalling and permanent way works;

(b) buildings, yards, machinery, plant, apparatus, track drainage works, fencing, platform shelters, and other works and conveniences;

(c) approaches, ramps, lifts, stairs, passages, means of access, gates, shafts and stagings including temporary means of access from a highway to adjoining land;

(d) embankments, cuttings, aprons, abutments, retaining walls, wing walls and culverts;

(e) works to alter or remove any structure erected upon any highway or adjoining land;

(f) works to alter the position of apparatus, including mains, sewers, drains, cables and street furniture;

(g) works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;

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

(i) works for the benefit or protection of premises affected by the scheduled works.

(6) Subject to paragraph (7), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, other than works that would interfere with a navigable watercourse.

(7) Paragraphs (5) and (6) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

(a) land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) for the purpose specified in relation to that land in column (3) of that Schedule; and

(b) land specified in columns (1) and (2) of Schedule 8 (land of which temporary possession may be taken) for the purposes specified in relation to that land in column (3) of that Schedule, relating to the scheduled works specified in column (4) of that Schedule.

Power to deviate

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

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

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

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

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