PART 2WORKS PROVISIONS

Principal Powers

Power to construct and maintain works

5.—(1) The Council may construct and maintain the scheduled works.

(2) Subject to article 6 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) Subject to paragraph (5), the Council 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 authorised works, namely—

(a)railway electrification and signalling works;

(b)approaches, bridges, ramps, means of access, footpaths, shafts and stagings;

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

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

(e)works to alter the course of, or otherwise interfere with, a watercourse other than (except as provided by article 15 (temporary interference with waterways)), a navigable watercourse.

(4) Subject to paragraph (5), the Council may carry out 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 authorised works, 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 land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) for the purpose specified in relation to that land in column (3) of that Schedule.

(6) The Council may within the Order limits—

(a)carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or 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).