5.—(1) The promoter may construct and maintain the scheduled works.
(2) Subject to article 6 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the works and land plan and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5), the promoter 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 to erect and construct buildings, electrical plant and machinery, apparatus and other works and conveniences as the promoter thinks fit;
(b)works required for, or in connection with, the control of any traffic (including pedestrians) on the authorised works;
(c)works required for the strengthening, alteration or demolition of any structure;
(d)works to alter the position of apparatus, including mains, sewers, drains and cables;
(e)works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
(f)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;
(g)works for the benefit or protection of premises affected by the scheduled works; and
(h)works to construct and maintain such number of lines of rails, sidings, switches and crossings as may be necessary.
(4) Subject to paragraph (5), the promoter 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.
(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in columns (1) and (2) of Schedule 2 for the purpose specified in relation to that land in column (3) of that Schedule.
(6) The promoter may affix to any buildings for the time being constructed on any land for the purposes of the authorised tramroad—
(a)any brackets, cables, wires, insulators and other apparatus required in connection with the construction, operation or maintenance of the authorised tramroad; and
(b)any lamps, cameras, brackets, pipes, electric lines and other apparatus required for the provision of additional or substitute street lighting or closed circuit television in consequence of the construction, operation or maintenance of the authorised tramroad.
6.—(1) In constructing or maintaining any of the scheduled works, the promoter may—
(a)deviate laterally from the lines or situations shown on the works and land plan to the extent of the limits of deviation for that work; and
(b)deviate vertically from the levels shown on the 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.
(2) Without limitation on the scope of paragraph (1), in constructing and maintaining the scheduled works the promoter may within the limits of deviation deviate laterally from their points of commencement and termination shown on the works and land plans.
7.—(1) The promoter may construct the authorised tramroad so as to carry it on the level across the access track specified in Schedule 5 (accommodation crossing).
(2) The promoter may in the exercise of the powers conferred by this article alter the level of the access track specified in Schedule 5.
8.—(1) The promoter may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction 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(1).
(3) The promoter 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) The promoter 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) The promoter 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) The promoter 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, oil or matter in suspension.
(7) The promoter 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, oil or matter in suspension or any other polluting matter.
(8) Nothing in this article obviates the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010(2).
(9) In this article—
(a)“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage company; and
(b)other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991(3) have the same meaning as in that Act.
9.—(1) Subject to the following provisions of this article, the promoter may at its own expense carry out such protective works to—
(a)any building;
(b)any road; or
(c)any apparatus of a statutory undertaker,
lying within the Order limits as the promoter 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, road or apparatus of any part of the authorised works; or
(b)after the completion of the construction of that part of the authorised works in the vicinity of the building, road or apparatus 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 the promoter may (subject to paragraph (5)) enter and survey any building, go onto and survey any road or access and survey any apparatus falling within paragraph (1) and any land within the curtilage of the building or in which the apparatus is located.
(4) For the purpose of carrying out protective works under this article to a building, road or apparatus the promoter may (subject to paragraphs (5) and (6))—
(a)enter the building, go onto the road or access the apparatus and any land within the curtilage of the building or in which the apparatus is located; and
(b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building (but outside its curtilage) or adjacent to the road or land in which the apparatus is located, enter the adjacent land (but not any building erected on it).
(5) Before exercising—
(a)a right under paragraph (1) to carry out protective works to a building, road or apparatus;
(b)a right under paragraph (3) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or in which the apparatus is located;
(c)a right under paragraph (4)(a) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or in which the apparatus is located; or
(d)a right under paragraph (4)(b) to enter land,
the promoter 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 a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land or the owner of the road of apparatus 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 whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration).
(7) The promoter must compensate the owners and occupiers of any building or land or the owner of the road or apparatus 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, road or apparatus; and
(b)within the period of 5 years beginning with the day on which the part of the authorised works construed in 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 authorised works,
the promoter must compensate the owners and occupiers of the building, road or apparatus for any loss or damage sustained by them.
(9) Without affecting article 42 (no double recovery) nothing in this article relieves the promoter from any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(11) In this article—
“protective works” in relation to a building means—
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works;
any works the purpose of which is to remedy any damage which has been caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works; and
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; and
“road” includes any structures supporting the road.
10.—(1) The promoter may for the purposes of this Order—
(a)survey or investigate any land shown within the Order limits or which may be affected by the authorised works;
(b)without limitation on the scope of sub-paragraph (a), make trial holes in such positions as the promoter 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 paragraph (a), carry out ecological or archaeological investigations on such land;
(d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and
(e)enter on the land for the purpose of exercising 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 the promoter—
(a)must, if so required, before or after entering the land produce written evidence of his 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 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) The promoter 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 (determination of questions of disputed compensation) of the 1961 Act.
(6) Nothing in this article obviates the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979(4).
(7) If either a highway authority or a street authority fails to notify the promoter of the decision within 14 days of receiving an application for consent under paragraph (4) that authority is deemed to have granted consent.
11.—(1) The authorised works are to be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.
(2) The authorised works are to be constructed to a nominal gauge of 1,435 millimetres.
12. Any person who, without reasonable excuse—
(a)obstructs another person acting under the authority of the promoter in setting out the lines of the scheduled works, or 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 the promoter,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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).