Power to construct and maintain works
6.—(1) The Authority may construct and maintain the scheduled works.
(2) Subject to article 7 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the works and land plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (7), the Authority 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 scheduled works, namely—
(a)stations, platforms and tram stops;
(b)works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised tramway;
(c)works required for the strengthening, improvement, maintenance or reconstruction of any street;
(d)works for the strengthening, alteration or demolition of any building;
(e)works to any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights;
(f)works to alter the course of, or otherwise interfere with, watercourses;
(g)landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and
(h)facilities and works for the benefit or protection of land or premises affected by the other authorised works.
(4) Subject to paragraph (7), the Authority may carry out and maintain 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 scheduled works.
(5) The Authority may remove any works constructed by it under this Order which have been constructed as temporary works or which it no longer requires.
(6) Where the Authority lays down conduits for the accommodation of cables or other apparatus for the purposes of or associated with the authorised works 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.
(7) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works—
(a)within the Order limits; or
(b)within the boundaries of any street.
(8) The powers conferred by this article must not be exercised within the boundaries of a street outside of the Order limits without the consent of the street authority but such consent must not be unreasonably withheld.
(9) Regulation 12(1)(a) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2010(1) in relation to the carrying on of a relevant flood risk activity, section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991(2) and any byelaws made under that Act and the Water Resources Act 1991(3) do not apply to anything done under or in pursuance of this Order.
(10) In paragraph (9) “relevant flood risk activity” means anything done under or in pursuance of this Order within paragraph 3(1)(a), (b) or (c) of Schedule 23ZA (flood risk activities and excluded flood risk activities) to the Environmental Permitting (England and Wales) Regulations 2010.
(11) Regardless of the powers conferred by paragraph (3)(e) the Authority and a person responsible for any street furniture or apparatus may enter into agreements for that person to undertake under the powers conferred by this article or under its own powers any works to the apparatus which may be required by the Authority for the purposes of, or for purposes ancillary to, the construction of the scheduled works.
S.I. 2010/675 as amended by the Environmental Permitting (England and Wales) Amendment) (No. 2) Regulations 2016 (S.I. 2016/475).