The Portishead Branch Line (MetroWest Phase 1) Order 2022

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Incorporation of the Railway Clauses Acts

3. PART 2 Principal powers

   1. 4. Application and modification of legislation

   2. 5. Development consent etc. granted by the Order

   3. 6. Planning permission

   4. 7. Limits of deviation

   5. 8. Maintenance of authorised development

   6. 9. Benefit of Order

   7. 10. Consent to transfer benefit of Order

   8. 11. Agreements with Network Rail

4. PART 3 Streets, Highways and Level Crossings

   1. 12. Application of the 1991 Act

   2. 13. Street works and power to alter the layout etc. of streets

   3. 14. Permanent stopping up of streets

   4. 15. Temporary stopping up of streets and public rights of way

   5. 16. Bridleways, cycle tracks and footpaths

   6. 17. Access to works

   7. 18. Agreements with street authorities

   8. 19. Construction and maintenance of new or altered streets

   9. 20. Closure of level crossings and crossings over disused railway

   10. 21. Accommodation and occupation crossings

5. PART 4 Supplemental powers

   1. 22. Discharge of water

   2. 23. Authority to survey and investigate land

6. PART 5 Powers of acquisition

   1. 24. Compulsory acquisition of land

   2. 25. Modification of Part 1 of the 1965 Act

   3. 26. Time limit for exercise of authority to acquire land compulsorily or take land temporarily

   4. 27. Compulsory acquisition of rights or imposition of covenants

   5. 28. Private rights over land subject to compulsory acquisition or temporary possession

   6. 29. Power to override easements and other rights

   7. 30. Application of the 1981 Act

   8. 31. Acquisition of subsoil or airspace only

   9. 32. Rights under or over streets

   10. 33. Temporary use of land for carrying out the authorised development

   11. 34. Temporary use of land for maintaining the authorised development

   12. 35. Disregard of certain interests and improvements

   13. 36. Set-off for enhancement in value of retained land

   14. 37. Statutory undertakers and electronic communications code network operators

   15. 38. Recovery of costs of new connections

7. PART 6 Operations

   1. 39. Operation and use of railways

   2. 40. Operational land for purposes of the 1990 Act

8. PART 7 Miscellaneous and general

   1. 41. No double recovery

   2. 42. Apparatus and rights of statutory undertakers in stopped up streets

   3. 43. Felling or lopping of trees

   4. 44. Hedgerows

   5. 45. Defence to proceedings in respect of statutory nuisance

   6. 46. Traffic regulation

   7. 47. Application of the Land Compensation Act 1973

   8. 48. Application of landlord and tenant law

   9. 49. Procedure in relation to further approvals, etc.

   10. 50. Service of notices

   11. 51. Crown rights

   12. 52. Amendment of local byelaws

   13. 53. Protective provisions

   14. 54. Special category land

   15. 55. Documents to be certified

   16. 56. Arbitration

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       Authorised development

       1. In the district of North Somerset:

       2. In the district of North Somerset:

       3. In the City and County of Bristol:

    2. SCHEDULE 2

       Requirements

       1. PART 1 Requirements

          1. 1. In this Part— “Ashton Vale Road and Winterstoke Road Highway...

          2. 2. Time limits

          3. 3. Stages of authorised development

          4. 4. Submission and approval of detail design

          5. 5. Construction Environmental Management Plan etc.

          6. 6. Landscaping scheme – disused railway

          7. 7. Landscaping – other works

          8. 8. Temporary fencing

          9. 9. Highway accesses

          10. 10. Archaeology

          11. 11. Surface and foul water drainage

          12. 12. Trees

          13. 13. Control of invasive plants outside of Avon Gorge Woodlands SAC

          14. 14. Avon Gorge Woodlands SAC

          15. 15. External lighting and control of artificial light emissions during construction

          16. 16. Construction hours

          17. 17. Contaminated land and groundwater

          18. 18. Works to Winterstoke Road, Bristol

          19. 19. Path at Marsh Lane, Easton in Gordano

          20. 20. Temporary path at Avon Road, Pill

          21. 21. Restoration of land used temporarily for construction

          22. 22. Watercourses

          23. 23. For the protection of bats

          24. 24. Permanent fencing outside of Avon Gorge Woodlands SAC

          25. 25. Permanent acoustic fencing

          26. 26. Portishead Station and Portbury Ditch

          27. 27. Pill Station

          28. 28. Operational lighting – highways, bridges, paths and car parks

          29. 29. Works affecting M5 Junction 19

          30. 30. Clanage Road, Bristol

          31. 31. New bridleway east of M5 Avonmouth Bridge

          32. 32. Cattle Creep Bridge, Easton in Gordano

          33. 33. Perimeter Track between Marsh Lane and the compounds under the M5 Avonmouth Bridge and on Lodway Farm

          34. 34. Pill Tunnel Eastern Portal Compound Access, Ham Green

          35. 35. Requirement for written approval

          36. 36. Amendments to approved details

          37. 37. Anticipatory steps towards compliance with any requirement

       2. PART 2 Procedure for discharge of requirements

          1. 38. Applications made under requirements

          2. 39. Further information

          3. 40. Appeals

          4. 41. Interpretation of Part 2 of Schedule 2

    3. SCHEDULE 3

       Streets subject to street works

    4. SCHEDULE 4

       Streets to be stopped up

       1. PART 1 Street for which a substitute is to be provided

       2. PART 2 Streets for which no substitute is to be provided

    5. SCHEDULE 5

       Streets to be stopped up temporarily

       1. PART 1 Street to be stopped up temporarily for which a substitute is to be provided

       2. PART 2 Bridleways and footpaths to be temporarily suspended for which no substitute is to be provided during suspension

    6. SCHEDULE 6

       Bridleways, cycle tracks and footpaths

       1. PART 1 Footpath to be diverted

       2. PART 2 New public rights of way to be created

    7. SCHEDULE 7

       Access to works

    8. SCHEDULE 8

       Closure of crossings

       1. PART 1 Crossings: works required

       2. PART 2 Crossings: No works required

    9. SCHEDULE 9

       Accommodation and occupation crossings

       1. PART 1 Crossings extinguished: works required

       2. PART 2 Crossings for which no substitute is to be provided

    10. SCHEDULE 10

        Land in which only new rights, etc., may be acquired

    11. SCHEDULE 11

        Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

        1. 1. Compensation enactments

        2. 2. (1) Without limitation on the scope of paragraph 1, the...

        3. 3. (1) Without limitation on the scope of paragraph 1, the...

        4. 4. Application of Part 1 of the 1965 Act

        5. 5. (1) The modifications referred to in paragraph 4(a) are as...

    12. SCHEDULE 12

        Land of which temporary possession may be taken

    13. SCHEDULE 13

        Hedgerows

        1. PART 1 Hedgerows to be removed

        2. PART 2 Important Hedgerow

    14. SCHEDULE 14

        Traffic Regulation

    15. SCHEDULE 15

        Amendment of Local Legislation

    16. SCHEDULE 16

        Protective Provisions

        1. PART 1 Protection for Network Rail Infrastructure Limited

           1. 1. The following provisions of this Part of this Schedule have...

           2. 2. In this Part of this Schedule— “construction” includes execution, placing,...

           3. 3. (1) Where under this Part of this Schedule Network Rail...

           4. 4. (1) The undertaker must not exercise the powers conferred by...

           5. 5. (1) The undertaker must before commencing construction of any specified...

           6. 6. (1) Any specified work and any protective works to be...

           7. 7. The undertaker must— (a) at all times afford reasonable facilities...

           8. 8. Network Rail must at all times afford reasonable facilities to...

           9. 9. (1) If any permanent or temporary alterations or additions to...

           10. 10. The undertaker must repay to Network Rail all reasonable fees,...

           11. 11. (1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

           12. 12. If at any time after the completion of a specified...

           13. 13. The undertaker must not provide any illumination or illuminated sign...

           14. 14. Any additional expenses which Network Rail may reasonably incur in...

           15. 15. (1) The undertaker must pay to Network Rail all reasonable...

           16. 16. Network Rail must, on receipt of a request from the...

           17. 17. In the assessment of any sums payable to Network Rail...

           18. 18. The undertaker and Network Rail may, subject in the case...

           19. 19. Nothing in this Order, or in any enactment incorporated with...

           20. 20. The undertaker must give written notice to Network Rail if...

           21. 21. The undertaker must no later than 28 days from the...

        2. PART 2 Protection for Electricity, Gas, Water, Petroleum and Sewerage Undertakers.

           1. 22. The following provisions of this Part of this Schedule have...

           2. 23. In this Part of this Schedule— “alternative apparatus” means alternative...

           3. 24. On street apparatus

           4. 25. Acquisition of land

           5. 26. Removal of apparatus

           6. 27. Facilities and rights for alternative apparatus

           7. 28. Retained apparatus

           8. 29. Expenses and costs

           9. 30. Indemnity

           10. 31. Nothing in this Part of this Schedule affects the provisions...

        3. PART 3 Protection for Operators of Electronic Communications Code Networks

           1. 32. (1) The provisions of this Part of this Schedule have...

           2. 33. The exercise of the powers conferred by article 37 (statutory...

           3. 34. (1) Subject to sub-paragraphs (2) to (4), if as the...

           4. 35. This Part of this Schedule does not apply to—

           5. 36. Nothing in this Part of this Schedule affects the provisions...

        4. PART 4 Protection for the Environment Agency

           1. 37. (1) The following provisions apply for the protection of the...

           2. 38. (1) Where in the exercise of the powers conferred by...

           3. 39. If, in the exercise of the powers conferred by this...

           4. 40. The undertaker must indemnify the Agency in respect of all...

           5. 41. Any dispute arising between the undertaker and the Agency under...

        5. PART 5 Protection for First Corporate Shipping Limited

           1. 42. The provisions of this Part have effect unless otherwise agreed...

           2. 43. In this Part— “access works” means works— on, over or...

           3. 44. Nothing in this Order affects— (a) any right of BPC...

           4. 45. The undertaker must give written notice to BPC if any...

           5. 46. (1) No agreement made under article 11 (agreements with Network...

           6. 47. Watercourses and drainage

           7. 48. Surveys

           8. 49. Streets, access and public rights of way

           9. 50. Acquisition and use of land

           10. 51. Use of land and execution, maintenance and use of the authorised development

           11. 52. (1) If required to do so by BPC (acting reasonably),...

           12. 53. (1) The undertaker must present to BPC not less than...

           13. 54. Works

           14. 55. (1) The undertaker must before commencing construction of any specified...

           15. 56. (1) Any specified work and any protective works (and any...

           16. 57. The undertaker must— (a) at all times afford reasonable facilities...

           17. 58. BPC must at all times afford reasonable facilities to the...

           18. 59. (1) If any permanent or temporary alterations or additions to...

           19. 60. The undertaker must repay to BPC all fees, costs, charges...

           20. 61. If at any time after the completion of a specified...

           21. 62. Any additional expenses which BPC may reasonably incur in altering,...

           22. 63. (1) The undertaker must pay to BPC all costs, charges,...

           23. 64. BPC must, on receipt of a request from the undertaker,...

           24. 65. In the assessment of any sums payable to BPC under...

           25. 66. BPC’s apparatus

           26. 67. The Port’s railway

           27. 68. Trees and other vegetation

           28. 69. General

           29. 70. Article 49 (procedure in relation to further approvals, etc) will...

        6. PART 6 Protection for Exolum Pipeline System Ltd

           1. 71. The provisions of this Part have effect for the protection...

           2. 72. In this Part of this Schedule— “alternative apparatus” means alternative...

           3. 73. Despite any provision of this Order or anything shown on...

           4. 74. (1) If, in the exercise of the powers conferred by...

           5. 75. (1) Not less than 28 days before starting the execution...

           6. 76. (1) Subject to the following provisions of this paragraph, the...

           7. 77. (1) If in accordance with the provisions of this Part...

           8. 78. Nothing in this Part of this Schedule affects the provisions...

        7. PART 7 For the protection of Western Power Distribution Limited (South West) Plc

           1. 79. Application

           2. 80. Interpretation

           3. 81. Precedence of 1991 Act in respect of apparatus in streets

           4. 82. No acquisition or extinguishment except by agreement

           5. 83. Removal of apparatus

           6. 84. (1) Not less than 28 days before the undertaker intends...

           7. 85. Expenses and costs

           8. 86. Expert determination

           9. 87. Nothing in this Part of this Schedule affects the provisions...

           10. 88. The provisions of Part 2 of this Schedule do not...

        8. PART 8 For the protection of National Grid as electricity undertaker

           1. 89. Application

           2. 90. Interpretation

           3. 91. Except for paragraphs 94 (apparatus of National Grid in stopped...

           4. 92. The provisions of Part 2 of this Schedule do not...

           5. 93. (1) The undertaker and National Grid will co-operate and work...

           6. 94. Apparatus of National Grid in stopped up streets

           7. 95. Acquisition of land

           8. 96. Removal of existing apparatus

           9. 97. Facilities and rights for alternative apparatus

           10. 98. Retained apparatus

           11. 99. Expenses

           12. 100. Indemnity

           13. 101. Enactments and agreements

           14. 102. Co-operation

           15. 103. Access

           16. 104. Arbitration

           17. 105. Notices

        9. PART 9 For the protection of Wales and West Utilities (“WWU”)

           1. 106. For the protection of WWU in this Part of this...

           2. 107. In this Part of this Schedule— “alternative apparatus” means alternative...

           3. 108. This Part of this Schedule does not apply to apparatus...

           4. 109. Regardless of any provision in this Order or anything shown...

           5. 110. (1) If, in the exercise of the powers conferred by...

           6. 111. (1) Where, in accordance with the provisions of this Part...

           7. 112. (1) Not less than 28 days before starting the execution...

           8. 113. (1) Subject to the following provisions of this paragraph, the...

           9. 114. (1) Subject to sub-paragraphs (2) and (3), if by reason...

           10. 115. Nothing in this Part of this Schedule affects the provisions...

           11. 116. The provisions of Part 2 of this Schedule do not...

        10. PART 10 For the protection of the National Trust

            1. 117. (1) The provisions of this Part of this Schedule have...

            2. 118. Powers of compulsory acquisition

            3. 119. Works provisions

            4. 120. (1) Any activities to be carried out by virtue of...

            5. 121. The undertaker must— (a) at all times afford reasonable facilities...

            6. 122. (1) Subject to sub-paragraph (2) the undertaker must not in...

            7. 123. (1) Subject to sub-paragraph (2) where in the exercise of...

            8. 124. Where under this Part of this Schedule the Trust is...

            9. 125. The undertaker must repay to the Trust all costs, charges...

            10. 126. Expert determination

    17. SCHEDULE 17

        Documents to be Certified

11. Explanatory Note