The Network Rail (Felixstowe Branch Line Improvements – Level Crossings Closure) Order 2018

Principal powers

Power to construct and maintain works

3.—(1) Network Rail may construct and maintain the scheduled work.

(2) Subject to article 4 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections.

(3) Subject to paragraph (6), Network Rail may carry out and maintain within the Order limits such works as are required—

(a) to provide the footpaths and bridleways specified in column (4) of Part 1 of Schedule 3 (level crossings and highways to be stopped up);

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

(c) in connection with the upgrading of the footpaths specified in columns (2) and (3) of Schedule 5 (upgrading of certain footpaths to bridleways).

(4) Subject to paragraph (6), 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 work and the works mentioned in paragraph (3), namely—

(a) works to lay out footpaths and bridleways including any surfacing, fencing, stiles, gates, signs, ramps, steps and other means of access;

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

(c) works to erect and construct such offices and other buildings, yards, slab, cranes, plant and machinery, apparatus, and other works and conveniences;

(d) make, provide and maintain all such bridges, mounting blocks, approaches, roadways, walkways, retaining structures and means of access;

(e) signalling works and telecommunications works;

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

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

(h) works for the benefit or protection of land or premises affected by the scheduled work.

(5) Subject to paragraph (6), 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 work and works described in paragraphs (3) and (4), other than works that would interfere with a navigable watercourse.

(6) Paragraphs (3) to (5) only authorise the carrying out or maintenance of works—

(a) within the limits of deviation; or

(b) on land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) for the purposes specified in relation to that land in column (3) of that Schedule.

Power to deviate

4.  In constructing or maintaining the scheduled work, 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 sections to any extent not exceeding 0.5 metres upwards or downwards.