The A66 Northern Trans-Pennine Development Consent Order 2024

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

(a) article 13 (discharge of water);

(b) article 14 (protective works to buildings);

(c) article 15 (authority to survey and investigate land);

(d) article 17 (felling or lopping of trees and hedgerows);

(e) article 19 (compulsory acquisition of land);

(f) article 22 (compulsory acquisition of rights and restrictive covenants);

(g) article 23 (private rights over land);

(h) article 24 (power to override easements and other rights);

(i) article 27 (acquisition of subsoil, etc., only);

(j) article 28 (rights over or under streets);

(k) article 29 (temporary use of land for constructing the authorised development);

(l) article 30 (temporary use of land for maintaining the authorised development);

(m) article 31 (statutory undertakers);

(n) the powers conferred by section 11(3) (power of entry) of the 1965 Act;

(o) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016(1);

(p) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016; and

(q) any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017(2),

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272(3) (extinguishment of rights of electronic communication code network operators: preliminary notices) of the 1990 Act, or article 31 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

(5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

(6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it will never be unreasonable to withhold consent for reasons of operational railway safety (such matters to be in network Rail’s absolute discretion).

(7) The undertaker must enter into an asset protection agreement prior to the commencement of any specified work.

(1)

2016 c. 22.

(2)

2017 c. 20.

(3)

Section 272 was amended by section 406 of, and paragraph 103(1) of Schedule 17 to, the Communications Act 2003 (c. 21).