The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023

Principal powers

Power to construct new railway

6.—(1) The Company may construct and maintain the new railway.

(2) Subject to article 8 (power to deviate) the new railway may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the Order sections.

(3) Subject to paragraph (5), the Company 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 new railway, namely—

(a) electrical equipment and signalling works;

(b) ramps, means of access, a passing loop, and a halt at Salehurst;

(c) embankments, viaducts, aprons, abutments, retaining walls, wing walls, bridges, drainage and culverts;

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

(e) temporary works in the river Rother in connection with the construction of the new railway;

(f) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(g) extension and strengthening of the wall to the north of the river Rother at Robertsbridge between points X and Y on the Order plans.

(4) Subject to paragraph (5), the Company 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 new railway, 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—

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

(b) land specified in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule.

(6) The Company may, within the Order limits—

(a) carry out and maintain landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and

(b) carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph).

Power to maintain existing railways

7.  With effect from the date of this Order, the Company may maintain the existing railways in the lines and situations, and within the limits of deviation, shown on the Order plans, and in accordance with the levels shown on the Order sections.

Power to deviate

8.  In constructing or maintaining the railway, the Company may—

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

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

(i) to any extent upwards not exceeding 1.5 metres; or

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