The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005

Power to construct and maintain works

6.—(1) The Executive may construct and maintain the scheduled works.

(2) Subject to article 7, the scheduled works shall be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the deposited sections.

(3) Subject to paragraph (6), the Executive may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works namely—

(a) stations, platforms, junctions, stopping places and parking areas (including park and ride sites);

(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised tramway;

(c) works for the strengthening, alteration or demolition of any building or structure;

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

(e) works to alter the position of any apparatus or street furniture, including mains, sewers, drains, cables and lights;

(f) without prejudice to the generality of sub-paragraph (e), works to alter the position of any railway track or other railway infrastructure;

(g) landscaping, environmental and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and

(h) works for the benefit or protection of premises affected by the authorised works.

(4) Subject to paragraph (6), the Executive may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works.

(5) Where the Executive lays down conduits for the accommodation of cables or other apparatus for the purposes of the authorised works or associated traffic control, it may provide in, or in connection with, such conduits, accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person.

(6) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works—

(a) within the limits of deviation; or

(b) on land specified in columns (1) and (2) of Part 1 or 2 of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Part 1 or 2.

(7) The Executive may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.

(8) The relocation of any existing railway track or other railway infrastructure under paragraph (3)(f) shall not affect the application to that track or infrastructure of any enactment (including the Town and Country Planning (General Permitted Development) Order 1995(1)) authorising or regulating its maintenance or operation.

(1)

S.I. 1995/418, amended by S.I. 1996/252, 1996/528, 1996/593, 1998/462, 1999/293, 1999/1661, 1999/1783, 2001/1149 and 2003/956.