SCHEDULES
SCHEDULE 3 Highways
Stopping up: non-level crossings
C11
1
Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table.
2
No highway or part of a highway specified in columns (1) and (2) of Part I of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—
a
land to which there is no right of access directly from the highway or part to be stopped up,
b
land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,
c
land the owners and occupiers of which have agreed to the stopping up of the highway or part, and
d
land which is in the possession of the Secretary of State.
3
No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—
a
where the new highway is provided in exercise of the powers conferred by this Part of this Act, the later of the date of practical completion and the date on which it is first open for public use, and
b
where it is not, the date on which it is first open for public use.
4
Where a new highway specified in column (3) of Part II of the following table is provided in exercise of the powers conferred by this Part of this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) above to be what it is taken to be for the purposes of paragraph 11(2) below.
(1) | (2) |
|---|---|
Area | Highway or part to be stopped up |
GREATER LONDON | |
London Borough of Camden | Battlebridge Road between points E3 and E4 Wellers Court between points F1 and F2 Clarence Passage between points G1 and G2 Stanley Passage between points H1 and H2 |
London Borough of Barking and Dagenham | Footpath 47 between points M4 and M5 |
COUNTY OF ESSEX | |
Borough of Thurrock | Oliver Close between points F4 and F5 |
COUNTY OF KENT | |
Borough of Dartford, Parishes of Swanscombe and Greenhithe and Southfleet | Access road adjoining A2 between points D6, D7 and D8 |
Borough of Gravesham, Town of Gravesend | Footpath NU15 between points D3 and D4 |
Borough of Gravesham, Parish of Cobham | Old Watling Street (B395) between points K1 and K2 |
City of Rochester upon Medway, Parish of Cuxton | Footpath RS 205 between points D1 and D2 Footpath RR 27 between points D2 and D3 |
Borough of Maidstone, Parish of Hollingbourne | Musket Lane between points A4 and A3 |
Borough of Maidstone, Parish of Harrietsham | Footpath KH275 between points E5 and E3 |
Borough of Ashford, Parish of Charing | Footpath AW47 between points K1 and K2 |
Borough of Ashford, Town of Ashford | Gasworks Lane (D4543) between points E1 and E2 |
Borough of Ashford, Parish of Mersham | Footpath AE 386 between points C10 and C11 |
Borough of Ashford, Parish of Smeeth | Footpath AE 434 between points C3 and C2 |
District of Shepway, Parishes of Saltwood and Stanford | Footpath HE 346 between points A2 and A5 Stone Street between points B1 and B2 |
District of Shepway, Parish of Saltwood | Footpath HE 279 between points C9 and C10 Sandy Lane (D1752) between points C11 and C8 |
(1) | (2) | (3) |
|---|---|---|
Area | Highway or part to be stopped up | New highway to be substituted for it |
GREATER LONDON | ||
London Borough of Camden | Midland Road between points B1 and B2 | Work No. 5B |
Pancras Road between points C1, B2 and C2 | Works Nos. 5B, 5C and 5D | |
Taxi Road between points D1, D2 and D3 | Works Nos. 5F and 5F(1) | |
Cheney Road between points E1, E2 and E3 | Work No. 5C | |
Goods Way between points K1 and K5 | Work No. 5D | |
Camley Street between points K4 and K6 | Works Nos. 5A and 5C | |
York Way between points L1 and L2 | Work No. 5Q | |
London Borough of Islington | Randell’s Road between points A1 and A2 | Work No. 5Q(1) |
London Borough of Barking and Dagenham | Pooles Lane between points M1 and M2 | Work No. 22H(1) between its commencement and its junction with Work No. 22H(2), and Work No. 22H(2) |
Choats Manor Way between points M3 and M4 | Work No. 22H(1) between its commencement and its junction with Work No. 8P(3) | |
Choats Road between points L1 and L2 | Work No. 8P(3) | |
Hindmans Way between points L2 and L3 | Work No. 8P(3) | |
Chequers Lane between points L4 and L5 | Works Nos. 8P(3) and 8P(4) | |
Kent Avenue between points J1 and J2 | Work No. 8Q | |
Thames Avenue between points K1 and K2 | Work No. 8R | |
London Borough of Havering | Creekside between points C1 and C2 | Works Nos. 8S and 8T |
Lamson Road between points D1 and D3 | Work No. 8S | |
COUNTY OF ESSEX | ||
Borough of Thurrock | Footpath FP145 between points L1 and L2 | New footpath between points L1, L3, L4, L5, L6, L7 and L2 |
Arterial Road, Purfleet between points M1 and M2 | Work No. 23C(1) | |
Purfleet Bypass between points M3 and M4 | Work No. 23C(3) | |
Tank Lane between points M5 and M6 | Work No. 23C(5) and Work No. 23C(4) between point M5 and its termination | |
Botany Way between points M8 and M9 | Works Nos. 23C(2), 23C(3) and 23C(5) | |
Footpath 167 between points N1 and N2 | New footpath between points N1, N3 and N2 | |
Oliver Close (North) between points F1, F2 and F3 | Work No. 9B | |
Oliver Road between points G1 and G2 | Work No. 9C | |
Burnley Road and Watson Close between points H1, H2 and H3 | Work No. 9D | |
A1090 (Tank Hill Road) between points J8 and J2 | Work No. 23B(1) and new footpath between points J8 and J9 | |
Access road to Purfleet Industrial Park between points J5 and J6 | Work No. 23B(1) between its commencement and its junction with Work No. 23B(2), and Work No. 23B(2) | |
COUNTY OF KENT | ||
Borough of Dartford, Parish of Swanscombe and Greenhithe | Green Manor Way between points B1 and B2 | Works Nos. 10J and 10J(1) |
Footpath DS17 between points D1 and D2 | New footpath between points D1, D3 and D2 | |
Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of Gravesend | Lower Road between points B3 and B4 | Work No. 10J |
Borough of Dartford, Parishes of Swanscombe and Greenhithe and Southfleet | Park Corner Road and Southfleet Road (B259) between points E1, E2 and E3 | Works Nos. 10S(2) and 10(T)(6) to 10T(8) |
Access road between points F1 and F2 | Works Nos. 10S(2), 10T(1), 10T(4), 10T(6) and 10T(8) | |
Borough of Dartford, Parish of Southfleet | Slip road from A2 to Park Corner Road between points C1 and C2 | Work No. 10T(8) |
Footpath DR132 between points B1 and B2 | New footpath between points B2 and B3 | |
New Barn Road between points A1 and A2 | Work No. 11F | |
Hook Green Road between points D1 and D2 | Work No. 11D | |
Borough of Dartford, Parishes of Longfield and New Barn and Southfleet | Whitehill Road between points A1 and A2 | Work No. 11C |
Borough of Dartford, Parish of Longfield and New Barn and District of Sevenoaks, Parish of Horton Kirby and South Darenth | Footpath DR160 between points B1 and B2 | New footpath between points B1, B3, B4 and B2 |
Borough of Gravesham, Town of Gravesend | Manor Way between points B5 and B6 | Work No. 10J(2) |
Footpath NU14 between points A1 and A2 | New footpath between points A1, A3, A4 and A2 | |
Footpath NU 7A between points B1 and B2 | New footpath between points B1, B3 and B2 | |
Footpath NU14 between points C1 and C2 | New footpath between points C1, C3 and C2 | |
Footpath NU16 between points D1 and D2 | New footpath between points D1 and D5 | |
Bridleway NU24 between points F1 and F2 | New bridleway between points F1, F5, F6 and F2 | |
Footpath NU23 between points F3 and F4 | New footpath between points F4 and F2 | |
Downs Road between points G1 and G2 | Work No. 10P | |
Access road to Hazells between points H1 and H2 | Work No. 10Q | |
Bridleway NU27 between points J1 and J2 | New bridleway between points J1, J3, J4 and J2 | |
Footpath NU29 between points L1 and L2 | New footpath between points L1, K3, L3 and L2 | |
Footpath NU9 between points K1 and K2 | New footpath between points K1 and K3 | |
Borough of Gravesham, Town of Gravesend and Parish of Cobham | Footpaths NU18, NS193 and NG15 between points M1 and M4 | New footpath between points M4 and M5 |
Borough of Gravesham, Parish of Cobham | Church Road between points A1 and A2 | Work No. 12C and new footpath between points A3, A4, A5 and A2 |
Footpaths NG16 and NS175 between points B1 and B3 | Works Nos. 12C and 12D and new footpath between points B3 and B4 | |
Henhurst Road between points C1 and C2 | Work No. 12D | |
Footpath NS177 between points D1 and D2 | Work No.12D and new footpaths between points D1 and D3 and between points D4 and D2 | |
Access road between points E1, E4 and E2 | New access roads between points E1, E3 and E2 and between points E3 and E4 | |
Scotland Lane (Byway NS195) between points F1 and F2 | Works Nos. 12E and 12F | |
Watling Street (B395) between points G1 and G2 | Work No. 12F | |
Access road between points F3 and F4 | Works Nos. 12E and 12F | |
Halfpence Lane (C492) and slip road to A2 between points H1 and H3 | Works Nos. 32B and 32C | |
Slip road from A2 to Halfpence Lane between points H4 and H2 | Work No. 32B | |
Footpath NS179 between points L1 and L2 | New footpaths between points L3 and L4 and between points L2 and L5 | |
Access road between points M1 and M2 | Work No. 12L | |
Borough of Gravesham, Parish of Shorne | A2 eastbound slip road between points J3 and J4 | Work No. 32A |
Borough of Gravesham, Parishes of Cobham and Shorne | Brewers Road between points J1 and J2 | Work No. 12H |
Access road between points K3 and K2 | Work No. 12K | |
Footpath NS180 between points K2 and K4 | Work No. 12K | |
Footpath NS161 between points K6, K2, K8 and K5 | Work No. 12K and new footpath between points L5, K7 and K5 | |
City of Rochester upon Medway, Town of Rochester and Parish of Cuxton | Footpath RS203 between points B2 and B3 | New footpath between points B2, B5, B4 and B3 |
A228 (Rochester Road) between points C1 and C3 | Work No. 13A(4) and Work No. 36F between its commencement and its junction with Work No. 13A(4) | |
M2 westbound entry slip road between points C6 and C7 | Work No. 13A(2), Work No. 36C between its junction with Work No. 13A(2) and its termination, and Work No. 36E between its junction with Work No. 36C and its termination | |
M2 westbound exit slip road between points C8 and C7 | Work No. 13A(3) and Work No. 36E between its junction with Work No. 36C and its termination | |
M2 eastbound exit slip road between points C9 and C4 | Works Nos. 13A(1) and 13A(4) and Work No. 36F between its commencement and its junction with Work No. 13A(4) | |
City of Rochester upon Medway, Town of Rochester | Burham Road (D422) between points A1 and A2 | Work No. 13B |
Bridleway RR16 between points E4, E11 and E12 | Work No. 13C between its junction with Work No. 38F and its termination, Work No. 38F between point E13 and its termination, and new bridleway between points E4 and E13 (having a junction at point E4 with bridleway RR16 as existing, so far as not stopped up under paragraph 3 of Schedule 12 below, or, if so stopped up, with Work No. 38C) | |
City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham | Bridleway MR11 (Stony Lane) between points A1 and A2 | Work No. 13C |
Bridleway MR12 between points E12 and A1 | Work No. 13C | |
Borough of Tonbridge and Malling, Parish of Aylesford | Byway MR401 between points T1 and T2 | Work No. 13E |
Borough of Maidstone, Parish of Boxley | Boarley Lane (D898) between points A1 and A2 | Work No. 13G |
Footpath KH25 between points B1 and B2 | New footpath between points B1, B3 and B2 | |
Boxley Road (C97) between points C1 and C2 | Work No. 13H | |
Footpath KH15 between points D1 and D2 | New footpath between points D1, D3 and D2 | |
Borough of Maidstone, Parish of Thurnham | Footpath KH71 between points A1, A2 and A3 | New footpath between points A1, A4, A5 and A6 |
Thurnham Lane between points B1 and B2 | Work No. 14A | |
Bridleway KH123 between points C1, C2 and C3 | New bridleway between points C1 and C4 | |
Water Lane between points D1 and D2 | Work No. 14B | |
Footpath KH130 between points E1, E4 and E2 | New footpaths between points E1, E3 and E2 and between points E3 and E4 | |
Bridleway KH134 (Crismill Lane) between points F1 and F2 | Work No. 14C | |
Borough of Maidstone, Parishes of Thurnham and Hollingbourne | Footpath KH141 between points G1 and G2 | Work No. 14C and new footpath between points G3 and G2 |
Borough of Maidstone, Parish of Hollingbourne | Footpath KH132A between points A1 and A2 | New footpath between points A1 and A3 |
Footpath KH198 between points C1, C2 and C3 | New footpath between points C1, C4, C3 and C5 | |
Hospital Road (D971) between points D1 and D2 | Work No. 14E | |
Borough of Maidstone, Parish of Broomfield | Footpath KH201 between points A1, A2 and A3 | Works Nos. 14F and 14G and new footpath between points A1, A4 and A5 |
Borough of Maidstone, Parishes of Broomfield and Hollingbourne | Greenway Court Road (D946) between points E1 and E2 | Works Nos. 14F and 14G |
Borough of Maidstone, Parishes of Broomfield and Harrietsham | A20 (Ashford Road) between points B1 and B2 | Work No. 14F |
Borough of Maidstone, Parish of Harrietsham | Footpath KH343 between points A1 and A5 | New footpaths between points A1, A2 and A4 and between points A2 and A3 |
Bridleway between points C1 and C2 | New bridleway between those points | |
Footpath KH272 between points E1, E2, E3 and E4 | New footpaths between points E1, E5 and E4 and between points E1 and E6 | |
Footpath KH272A between points F1, F2 and F3 | New footpath between points F1, F4 and F5 | |
Access road between points G1 and G2 | Work No. 14J | |
Borough of Maidstone, Parish of Lenham | Footpath KH416 between points A1 and A2 | New footpath between points A1 and A3 |
Sandway Road (C92) between points C1 and C2 | Work No. 14L | |
Footpath KH414B between points D1 and D2 | Work No. 14L and new footpaths between points D3 and D1 and between points D4 and D5 | |
Old Ham Lane (D986) between points E1 and E2 | Work No. 14M | |
Footpath KH415 between points F3, F1 and F2 | New footpath between points F4 and F5 | |
Borough of Maidstone, Parishes of Boughton Malherbe and Lenham | Lenham Heath Road (C92) between points J1 and J2 | Work No. 14Q |
Lenham Heath Road (C92) between points K1 and K2 | Work No. 14R | |
Bowley Lane between points L1 and L2 | Work No. 14S | |
Borough of Maidstone, Parish of Lenham | Access road to Water Street Cottage between points M1 and M2 | Works Nos. 14U and 14V |
Hook Street between points P1 and P2 | Works Nos. 14U and 14V | |
Footpath KH408A between points Q1, Q2, Q3 and Q4 | New footpath between points Q1 and Q4 | |
Footpath KH407A between points R1 and R2 | New footpath between points R1, R3, R4 and R2 | |
Borough of Ashford, Parish of Charing | Bridleway AW58 between points D1, D2 and C3 and footpath AW17 between points C1 and C3 | New bridleway and footpath between points D1, C1 and D3 |
Hurst Lane (D1198) between points E1 and E2 | Works Nos. 15E and 15F | |
Newlands Road (D1199) between points F1 and F2 | Work No. 15F | |
Footpath AW30 between points G1 and G2 | New footpath between points G3 and G2 | |
Borough of Ashford, Parishes of Charing and Little Chart | Leacon Lane (D1220) between points J1 and J2 and between points J3 and J4 | Work No. 15H |
Borough of Ashford, Parish of Charing | Footpath AW44 between points L1 and L2 | New footpath between points L3, L4 and L2 |
Footpath AW40 between points M1 and M2 | New footpath between points M1, M3 and M2 | |
Borough of Ashford, Parishes of Charing, Hothfield and Westwell | A20 (Maidstone Road) at West Leacon between points P1 and P2 and between points P3 and P4 | Works Nos. 15K and 15L |
Borough of Ashford, Parish of Westwell | Westwell Lane (D1227) between points B1 and B2 | Work No. 15M |
Footpath AW123 between points A1 and A2 | Work No.15M and new footpath between points A1 and A3 | |
Footpath AW124 between points C1, C2 and C3 | Works Nos. 15M and 15N and new footpath between points C4 and C5 | |
Footpath AW124 between points E1, E2 and E3 | New footpath between points E1 and E3 | |
Borough of Ashford, Parishes of Hothfield and Westwell | A20 (Maidstone Road) at Yonsea between points F1 and F2 | Work No. 15P |
Borough of Ashford, Parish of Hothfield | Byway AW173 between points A1, A2 and A3 | New byway between points A4 and A3 |
Borough of Ashford, Parish of Hothfield and Town of Ashford | Godinton Lane (C154) between points B1 and B2 | Work No. 15Q |
Borough of Ashford, Town of Ashford | Footpath AU67 between points A1 and A2 | New footpath between points A1 and A3 |
Godinton Road (B2074) between points C1 and C2 | Works Nos. 16G and 16H | |
Carlton Road (E1467) between points C4 and C5 | Work No. 16G | |
Footpath AU34 between points D1, D2 and D6 | New footpath between points D1, D3, D4, D5 and D6 | |
Footpath AU37 between points F1 and F2 | Work No. 16M | |
Beaver Road (A2070) between points G1 and G2 | Work No. 16N | |
Footpath AU52 between points J1 and J2 | New footpath between points J1, J3, J4, J5 and J2 | |
Boys Hall Road and Canterbury Road (E1466) between points P1 and P2 | Work No. 16QQ | |
Footpath AU51 between points Q1 and Q2 | Work No. 16RR(1) and Work No. 16RR between its junction with Work No. 16RR(1) and point Q2 | |
Crowbridge Road (D4488) between points N1 and N2 | Work No. 16RR(1) and Work No. 16RR between its commencement and its junction with Work No. 16RR(1) | |
Borough of Ashford, Parish of Sevington | Footpath AE341 between points A1 and A2 | New footpath between points A1 and A5 |
Footpath AE343 between points A2, A7 and A3 | New footpath between points A5, A6 and A3 | |
Footpath AE342 between points A2 and A4 | New footpath between points A5 and A8 | |
Highfield Lane between points B5, B4, B6 and B7 and between points B8 and B9 | Works Nos. 17B, 17C and 17C(1) | |
Borough of Ashford, Parishes of Sevington and Mersham | Footpath AE344 between points C1 and C2 and footpath AE364 between points C2, C4 and C5 | New footpath between points C6, C7, C8, C9, C3 and C5 |
Borough of Ashford, Parish of Mersham | Church Road (C177) between points B1 and B2 and between points B3 and B4 | Works Nos. 17F and 17G |
Footpath AE369 between points D1 and D2 | New footpath between points D1 and D3 | |
Borough of Ashford, Parishes of Mersham and Smeeth | Footpath AE373 between points E1 and E2 | New footpath between points E1, E3 and E2 |
Borough of Ashford, Parish of Smeeth | Footpath AE428 between points A1, A2 and A3 and footpath AE430 between points A2 and A4 | New footpath between points A3, A5, A1 and A4 |
Station Road (B2069) between points B1 and B2 | Work No. 17H | |
Footpath AE435 between points C1 and C8 | New footpath between points C1, C3, and C4 | |
Footpath AE437 between points C7 and C5 | New footpath between points C7, C6, C4 and C5 | |
Borough of Ashford, Parish of Aldington | Church Lane (B1424) between points E1 and E2 | Work No. 17K |
District of Shepway, Parish of Sellindge | Footpath HE309 between points A1, A3 and A4 | New footpath between points A1, A2 and A4 |
Bridleway HE271A between points C1, C2 and C3 | New bridleway between points C1 and C4 and new footpath between points C1, C2 and C3 | |
District of Shepway, Parish of Stanford | Footpath HE274 between points A1, A2 and A4 | New footpath between points A1 and A4 |
District of Shepway, Parishes of Postling, Saltwood and Stanford | Footpath HE227 between points B3, C1, C2, C3 and C4 | Work No.17N and new footpaths between points B3, B4 and C5 and between points C6 and C4 |
District of Shepway, Parishes of Postling and Saltwood | A20 (Ashford Road) between points B1 and B2 | Work No. 17Q and new footpath between points B3, B4 and B5 |
District of Shepway, Parish of Saltwood | Footpath HE294 between points A1 and A2 | Work No. 18H and new footpath between points A1 and A3 |
Footpath HE280 between points C1, C2 and C3 | New footpath between points C4 and C5 | |
Footpath HE349 between points C3, C10, C6 and C7 | New footpath between points C8, C9 and C7 | |
Bridleway HE350 between points C11 and C12 | New bridleway between points C12 and C8 | |
C22
1
Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—
a
within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and
b
not specified in columns (1) and (2) of the table in paragraph 1 above.
2
The power conferred by sub-paragraph (1) above shall not be exercised unless the proposed stopping up has been confirmed by the F1appropriate Ministers upon application by the nominated undertaker.
3
The F2appropriate Ministers shall grant an application under sub-paragraph (2) above if, but only if, F3they are satisfied—
a
that an alternative bridleway or footpath has been provided,
b
that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or
c
that the provision of an alternative bridleway or footpath is not required.
4
5
Where the basis on which an application under sub-paragraph (2) above is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.
6
Before making an application under sub-paragraph (2) above, the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—
a
specifying—
i
the bridleway or footpath, or part, proposed to be stopped up,
ii
what, if any, alternative bridleway or footpath is proposed, and
iii
if no alternative is proposed, the reasons why,
b
specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“the publication date”),
c
stating that any person may within that period make representations about confirmation under sub-paragraph (2) above of the proposed stopping up, and
d
specifying the manner in which such representations may be made.
7
Not later than the publication date, the nominated undertaker shall—
a
serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and
b
cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.
8
9
10
In sub-paragraph (6) above, references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.
11
In sub-paragraph (7)(a) above, “local authority” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the M1Local Government Act 1985, F12the London Fire and Emergency Planning Authority,a housing action trust established under Part III of the M2Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council.
F1312
In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly.
3
1
On a highway or part of a highway being stopped up under paragraph 1 or 2 above—
C3a
all rights of way over or along it shall be extinguished, and
b
the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.
C42
The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.
C53
Any dispute as to a person’s entitlement to compensation under sub-paragraph (2) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the M3Land Compensation Act 1961.
4
The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b) above, with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act.
5
Part III of Schedule 2 to the M4Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) above with the following modifications—
a
references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act,
b
in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and
c
in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.
Stopping up: level crossings
4
1
The nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1), (2) and (3) of the following table.
2
The nominated undertaker shall construct the footbridges referred to in column (3) of the following table, but the power conferred by sub-paragraph (1) above shall be independent of the duty imposed by this sub-paragraph.
3
On a highway or part of a highway being stopped up under this paragraph—
a
all rights of way over or along it shall be extinguished, and
b
the place where the former highway crossed the railway shall cease to be a level crossing for the purposes of any enactment.
4
The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.
5
Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the M5Land Compensation Act 1961.
(1) | (2) | (3) |
|---|---|---|
Area | Name of highway at crossing | Extent of closure and nature of work |
GREATER LONDON | ||
London Borough of Barking and Dagenham | Chequers Lane | Chequers Lane to be stopped up between points H1 and H2. Footbridge to be provided to carry a new footpath between points H3, H4, H5 and H6. |
London Borough of Havering | Manor Way | Manor Way to be stopped up between points A1 and A2. Footbridge to be provided to carry a new footpath between points A1, A3, A4, A5, A6 and A2. |
Ferry Lane | Ferry Lane to be stopped up between points F1 and F2. Footbridge to be provided to carry a new footpath between points F3, F4, F5, F6, F7 and F2. | |
COUNTY OF ESSEX | ||
Borough of Thurrock | A1090 (Tank Hill Road) | A1090 (Tank Hill Road) to be stopped up between points J1 and J7. |
COUNTY OF KENT | ||
Borough of Ashford, Town of Ashford | Aylesford Place | Aylesford Place to be stopped up between points H1 and H2. |
Permanent obstruction
C65
1
The powers conferred by paragraph 1 or 4 of Schedule 2 to this Act may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.
2
Any dispute with a highway authority under sub-paragraph (1) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
3
If a highway authority which receives an application for consent under sub-paragraph (1) above fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.
Temporary interference
C76
1
For the purposes of the works authorised by this Part of this Act, the nominated undertaker may—
a
temporarily stop up or alter or divert any highway or part of a highway,
b
for any reasonable time—
i
divert traffic from, and
ii
prevent persons passing along,
any highway or part of a highway, and
c
break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it).
2
The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.
3
It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) above has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1) above.
Street works
C87
1
The nominated undertaker may, for the purposes of the works authorised by this Part of this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—
a
place apparatus in it,
b
maintain apparatus in it,
c
change the position of apparatus in it,
d
remove apparatus from it, and
e
execute any works required for, or incidental to, any works authorised by paragraph (a), (b), (c) or (d) above.
2
In this paragraph, “apparatus” has the same meaning as in Part III of the M6New Roads and Street Works Act 1991.
C98
1
Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part III of the New Roads and Street Works Act 1991 (street works) as major highway works if—
a
they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or
b
they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the M7Highways Act 1980.
2
This sub-paragraph applies to any works executed under this Part of this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.
3
In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.
Construction
C109
1
Where under this Part of this Act the nominated undertaker—
a
constructs a new highway, or
b
alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991,
the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.
2
Where work to which sub-paragraph (1) above applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.
3
If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) above and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—
a
issue a certificate under that sub-paragraph, or
b
notify the nominated undertaker of its decision to refuse to issue such a certificate,
it shall be deemed to have issued such a certificate at the end of that period.
4
Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
C1110
1
Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—
a
realigns a highway which is constituted by or comprises a carriageway, or
b
constructs a new highway which is constituted by or comprises a carriageway,
and the highway is one for which a local highway authority is the highway authority.
2
The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.
3
Any dispute with a highway authority under sub-paragraph (2) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
4
If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2) above, the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.
Maintenance
C1211
1
Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—
a
constructs a new highway, or
b
alters a highway, otherwise than by carrying out street works within the meaning of Part III of the M8New Roads and Street Works Act 1991.
2
Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—
a
the date of practical completion, and
b
the date on which it is first open for public use;
and after the end of that period shall be maintained by and at the expense of the highway authority.
3
Where in relation to a highway to which sub-paragraph (2) above applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.
4
If the highway authority refuses a request to issue a certificate under sub-paragraph (3) above, or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
5
For the purposes of sub-paragraph (2) above, the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—
a
where the date has been determined under sub-paragraph (4) above, the date so determined, and
b
where it has not, the date certified under sub-paragraph (3) above.
6
Sub-paragraph (2) above shall not have effect to impose any obligation in relation to—
a
the structure of any bridge carrying a highway over, or
b
the structure of any tunnel carrying a highway under,
any railway of the nominated undertaker.
7
Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991.
C1312
Notwithstanding anything in section 46 of the M9Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.
Bridges carrying highways
C1413
Each of sections 116 and 117 of the M10Transport Act 1968 (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.
Agreements with highway authorities etc.
C1514
1
Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expense of the construction) of—
a
any new highway to be provided in substitution,
b
any alteration of the existing highway, and
c
any other related matters.
2
The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.
Use of subsoil
15
The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Part of this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.