The Midland Metro (Birmingham Eastside Extension) Order 2020

SCHEDULES

Article 2(1)

SCHEDULE 1 SCHEDULED WORKS

In the City of Birmingham—

(1) Number of Work	(2) Description of Work
Work No. 1	A tramway 320 metres in length (double line) commencing at a junction with the existing tramway authorised by the 2005 Order at the junction of Bull Street and Corporation Street and running south-east along Bull Street, before turning east at the junction with Dale End to run through land currently occupied by buildings at 1 to 7 Kings Parade, continuing along New Meeting Street and Albert Street before terminating at a point at the back of the footway on the south-west bound carriageway of Moor Street Queensway at its junction with Albert Street. Work No. 1 includes the construction of an underground chamber for the purposes of creating a track paralleling hut at the junction of Corporation Street and Lower Bull Street, the construction of a new retaining wall on Corporation Street, and the regrading of a section of Moor Street Queensway for a distance of 90 metres north and 45 metres south of its junction with Albert Street.
Work No. 2	A tramway 397 metres in length (double line) commencing at the termination of Work No. 1 and running in a north-easterly direction across land forming part of Eastside City Park before turning south to join New Canal Street, terminating at the northern side of the railway viaduct over New Canal Street 30 metres north of the junction with Fazeley Street. Work No. 2 includes the creation of a new highway access between the Clayton Hotel and Masshouse Lane and highway alterations in front of the hotel including the construction of a new footway 110 metres in length.
Work No. 3	A tramway 512 metres in length (double line) commencing at the termination of Work No. 2 passing beneath the railway viaduct and running along New Canal Street, continuing along Meriden Street to terminate at the junction of Meriden Street and Digbeth. Work No. 3 includes the partial demolition of buildings to enable the creation of a new section of highway at the corner of Meriden Street and Digbeth High Street, and the installation of an electricity sub-station and electricity cabinets on land off Meriden Street.
Work No. 4	A tramway 428 metres in length (double line) commencing at the termination of Work No. 3 and running south-east along Digbeth High Street to terminate at a point on High Street Deritend at the junction with Gibb Street. Work No. 4 includes alterations to the junction of Alcester Street and High Street Deritend involving accommodation works for the realignment of the highway.

Article 10

SCHEDULE 2 STREETS SUBJECT TO ALTERATION OF LAYOUT

Key to Schedule 2

RS – Realignment of street

WS – Widening of street by setting back kerb line

NS – Narrowing of street by setting forward kerb line

LB – Creation of parking bay(s), bus layby, taxi rank or service bay

In the City of Birmingham—

(1) Streets subject to alteration of layout	(2) Description of alteration
Corporation Street	Realign the street between RS01 to RS02 to accommodate the new track alignment and tie in with Birmingham city centre extension scheme.
Corporation Street	Realign the street between RS03 to RS04 to accommodate the revised junction with Bull Street.
Bull Street	Realign the street between RS05 and RS06 to accommodate the new track alignment, the tie in to Birmingham city centre extension scheme and the revised junction with Corporation Street.
Bull Street	Realign the street between RS07 and RS08 to accommodate the new track alignment.
Bull Street	Widen the street between WS01 and WS02 to accommodate the new tracks and revised junction layout with Corporation Street.
Bull Street	Widen the street between WS03 and WS04 to accommodate the new tracks, revised junction layout with Corporation Street and a cycle lane.
Corporation Street	Widen the street between WS05 and WS06 to accommodate the new tracks and revised junction layout with Corporation Street.
Bull Street	Construct bus layby between LB01 and LB02 on the south side of Bull Street to relocate the existing bus layby away from the junction of Bull Street and Corporation Street.
Bull Street	Widen the street between WS07 and WS08 to accommodate the new tracks and the altered junction with High Street.
Dale End	Realign the street between RS09 to RS10 to accommodate the revised junction with Bull Street.
Dale End	Construct disabled parking bays and taxi rank between LB03 and LB04 on the west side of Dale End to relocate the existing taxi rank away from the junction of Bull Street, Dale End and High Street.
Dale End	Construct disabled parking bays between LB05 and LB06 on the east side of Dale End to relocate the existing disabled bays from Albert Street and New Meeting Street.
Dale End	Widen the street between WS09 and WS10 to accommodate the new tracks and the altered junctions with Dale End and Albert Street.
High Street	Realign the street between RS11 to RS12 to accommodate the revised junction with Bull Street.
New Meeting Street	Realign the street between RS13 to RS14 to accommodate the new track alignment.
New Meeting Street	Widen the street between WS11 and WS12 to accommodate the new tracks and the altered junctions with Dale End and Albert Street.
New Meeting Street	Construct disabled parking bays between LB07 and LB08 on the south side of New Meeting Street.
New Meeting Street	Construct disabled parking bays between LB09 and LB10 on the south side of New Meeting Street.
New Meeting Street	Construct bus layby between LB11 and LB12 on the north side of New Meeting Street.
New Meeting Street	Construct bus layby between LB13 and LB14 on the south side of New Meeting Street.
Albert Street	Realign the street between RS15 and RS16 to accommodate the new tracks, tram stop and the revised junction layout with Moor Street Queensway (B4100).
Albert Street	Widen the street between WS13 and WS14 to accommodate the new tracks, tram stop and the revised junction layout with Moor Street Queensway (B4100).
Albert Street	Widen the street from Albert Street to Moor Street Queensway between WS15 and WS16 to accommodate the new tracks, tram stop and the revised junction layout with Moor Street Queensway (B4100).
Moor Street Queensway (B4100)	Realign the street between RS17 to RS18 to accommodate the revised junction with Albert Street.
Moor Street Queensway (B4100)	Realign the street between RS19 to RS20 to accommodate the revised junction with Albert Street.
Moor Street Queensway (B4100)	Construct a bus layby between LB15 and LB16 on the west side of Moor Street Queensway (B4100) to relocate the existing bus layby away from the junction of Albert Street and Moor Street Queensway (B4100).
Albert Street	Realign the street between RS21 and RS22 from Moor Street Queensway (B4100) to the junction with Park Street to accommodate the new track alignment, road vehicles, buses and pedestrians. There will also be provisions for a bus layby on the southern side of the street.
Albert Street	Widen the street between WS17 and WS18 to accommodate the new tracks and the revised junction layout with Moor Street Queensway (B4100) and Masshouse Lane.
Albert Street	Widen the street between WS19 and WS20 to accommodate the new tracks, carriageway and the revised junction layout with Moor Street Queensway (B4100).
Park Street	Realign the street between RS23 to RS24 to accommodate the revised junction with Masshouse Lane.
Park Street	Widen the street between WS21 and WS22 to accommodate the new tracks and new junction layout with Masshouse Lane.
Park Street	Widen the street between WS23 and WS24 to accommodate the new tracks, carriageway and the revised junction layout with Masshouse Lane.
Masshouse Lane	Realign the street between RS25 to RS26 to accommodate the revised junction with Park Street.
Masshouse Lane	Widen the street between WS25 and WS26 to accommodate the revised junction with Park Street.
New Canal Street	Realign the street between RS27 and RS28 to accommodate the new track alignment.
New Canal Street	Widen the street between WS27 and WS28 to accommodate the new tracks and the revised junction layout with Fazeley Street.
New Canal Street	Widen the street between WS29 and WS30 to accommodate the new tracks and the revised junction layout with Fazeley Street.
New Bartholomew Street	Realign the street between RS29 to RS30 to accommodate the revised junction with New Canal Street.
Fazeley Street	Realign the street between RS31 to RS32 to accommodate the revised junction with New Canal Street.
New Canal Street	Realign the street between RS33 to RS34 to accommodate the new tracks, a tram stop and new footway.
New Canal Street	Narrow the street between NS01 and NS02 to accommodate a tram platform on the west side of New Canal Street between the junction with Fazeley Street and Bordesley Street.
New Canal Street	Widen the street between WS31 and WS32 to accommodate the new tracks and tram stop.
Bordesley Street	Realign the street between RS35 to RS36 to accommodate the revised junction with New Canal Street.
Bordesley Street	Realign the street between RS37 to RS38 to accommodate the revised junction with New Canal Street.
Meriden Street	Realign the street between RS39 to RS40 to accommodate the new track alignment.
Meriden Street	Widen the street between WS33 and WS34 to accommodate the new tracks alignment.
Meriden Street	Widen the street between WS35 and WS36 to accommodate the new tracks alignment.
Coventry Street	Realign the street between RS41 to RS42 to accommodate the revised junction with Meriden Street.
Coventry Street	Realign the street between RS43 to RS44 to accommodate the revised junction with Meriden Street.
Meriden Street	Realign the street between RS45 to RS46 to accommodate new tracks and the revised junction with Digbeth.
Meriden Street	Widen the street between WS37 and WS38 to accommodate the new tracks.
Meriden Street	Widen the street between WS39 and WS40 to accommodate the new tracks.
Meriden Street	Widen the street between WS41 and WS42 to accommodate the new tracks, the revised junction with Digbeth and a new footway.
Meriden Street	Narrow the street between NS03 and NS04 to accommodate the revised junction with Digbeth.
Digbeth	Realign the street between RS47 to RS48 to accommodate new tracks and the revised junction with Meriden Street.
Digbeth	Widen the street between WS43 and WS44 to accommodate the revised junction with Meriden Street.
Digbeth	Realign the street between RS49 to RS50 to accommodate new tracks and the revised junctions with Meriden Street, Mill Lane, Oxford Street and Rea Street.
Digbeth	Widen the street between WS45 and WS46 to accommodate the new track and the revised junction with Mill Lane.
Digbeth	Widen the street between WS47 and WS48 to accommodate the new track and the revised junction with Oxford Street.
Mill Lane	Realign the street between RS51 to RS52 to accommodate the revised junction with High Street Deritend.
Oxford Street	Realign the street between RS53 to RS54 to accommodate the revised junction with High Street Deritend.
Digbeth	Widen the street between WS49 and WS50 to accommodate the new track and the revised junction with Mill Lane and the revised junction with Rea Street.
Digbeth	Widen the street between WS51 and WS52 to accommodate the new track and the revised junction with Oxford Street and the revised junction with Milk Street.
Rea Street	Realign the street between RS55 to RS56 to accommodate the revised junction with High Street Deritend.
Milk Street	Realign the street between RS57 to RS58 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS53 and WS54 to accommodate the new track and the revised junction with Rea Street.
High Street Deritend	Narrow the street between NS05 and NS06 to remove the existing layby and accommodate new track.
High Street Deritend	Widen the street between WS55 and WS56 to accommodate the new track and the revised junction with Stone Yard.
High Street Deritend	Widen the street between WS57 and WS58 to accommodate the new track, a tram stop, the revised junction with Milk Street and the revised junction with Floodgate Street.
Floodgate Street	Realign the street between RS59 to RS60 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Realign the street between RS61 to RS62 to accommodate new tracks, a tram stop and the revised junctions with Milk Street, Floodgate Street, Stone Yard, Chapel House Street and Gibb Street.
High Street Deritend	Widen the street between WS59 and WS60 to accommodate the new track and the revised junction with Floodgate Street.
High Street Deritend	Narrow the street between NS07 and NS08 to remove the existing layby and accommodate new track.
High Street Deritend	Widen the street between WS61 and WS62 to accommodate the new track and the revised junction with Gibb Street.
Stone Yard	Realign the street between RS63 to RS64 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS63 and WS64 to accommodate the new tracks and the revised junctions with Stone Yard and Chapel House Street.
Chapel House Street	Realign the street between RS65 to RS66 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS65 and WS66 to accommodate the new tracks and the revised junctions with Chapel House Street and Alcester Street.
Gibb Street	Realign the street between RS67 to RS68 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS67 and WS68 to accommodate the new tracks and the revised junctions with Gibb Street and Heath Mill Lane.
Heath Mill Lane	Realign the street between RS69 to RS70 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Realign the street between RS71 to RS72 to accommodate the new tracks and the revised junctions with Heath Mill Lane and Alcester Street.
High Street Deritend	Widen the street between WS69 and WS70 to accommodate the new tracks and the revised junction with Heath Mill Lane.
Alcester Street	Realign the street between RS73 to RS74 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Realign the street between RS75 to RS76 to accommodate the revised highway layout.
High Street Deritend	Widen the street between WS71 and WS72 to accommodate the revised highway layout and the junction with Alcester Street.
High Street Deritend	Narrow the street between NS09 and NS10 to remove the existing layby and accommodate the new tracks.

Article 13

SCHEDULE 3 STREETS TO BE STOPPED UP

PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
City of Birmingham	Albert Street	ST01 to ST02 between its junction with Dale End and New Meeting Street.	New section of street created by widening New Meeting Street between the junction of Bull Street/Dale End/High Street and the existing New Meeting Street.
	Park Street	ST03 to ST04 at its junction with Fazeley Street in a northerly direction for a distance of 30 metres.	New section of street created by widening the retained Park Street between Masshouse Lane and Albert Street, looping back to Masshouse Lane.

PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
City of Birmingham	Seymour Street	ST05 to ST06 between its junction with Park Street and the car park (west of junction).
	New Canal Street	ST07 to ST08 at its junction with Banbury Street in a southerly direction for a distance of 30 metres.

Article 14

SCHEDULE 4 STREETS TO BE TEMPORARILY STOPPED UP

In the City of Birmingham—

(1) Street affected	(2) Extent of stopping up
Bull Street	Between its junction with the Birmingham city centre extension and Dale End/High Street.
Corporation Street	At its junction with Bull Street.
Dale End	At its junction with Bull Street.
High Street	At its junction with Bull Street.
Albert Street	Between its junction with Dale End and Moor Street Queensway (B4100).
New Meeting Street	At its junction with Albert Street.
Moor Street Queensway (B4100)	Between its junction with Albert Street and Masshouse Lane.
Albert Street	Between its junction with Moor Street Queensway and Park Street (B4114).
Park Street (B4114)	Between its junction with Fazeley Street and Masshouse Lane.
Fazeley Street	Between its junction with Park Street and New Canal Street.
New Canal Street	Between its junction with Banbury Street and Bordesley Street.
New Bartholomew Street	At its junction with Fazeley Street.
Bordesley Street	At its junction with New Canal Street.
Meriden Street	Between its junction with Bordesley Street and High Street Deritend (B4100).
Coventry Street	At its junction with Meriden Street.
High Street Deritend (B4100)	Between its junction with Allison Street and Adderley Street.
Mill Lane	At its junction with High Street Deritend.
Oxford Street	At its junction with High Street Deritend.
Rea Street	At its junction with High Street Deritend.
Milk Street	At its junction with High Street Deritend.
Floodgate Street	At its junction with High Street Deritend.
Stone Yard	At its junction with High Street Deritend.
Chapel House Street	At its junction with High Street Deritend.
Gibb Street	At its junction with High Street Deritend.
Heath Mill Lane	At its junction with High Street Deritend.
Alcester Street	At its junction with High Street Deritend.
Adderley Street	At its junction with High Street Deritend.

Article 31

SCHEDULE 5 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

“(5A) If—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 5 to the Midland Metro (Birmingham Eastside Extension) Order 2020(1) (“the 2020 Order)),

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the 2020 Order) to acquire an interest in the land, and

(c) the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.”

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(2) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a) for the words “land is acquired or taken” substitute “a right over land is purchased”; and

(b) for the words “acquired or taken from him” substitute “over which the right is exercisable”.

Application of Part 1 of the 1965 Act

4.  Part 1 of the 1965 Act, as applied by article 29 (application of Part 1 of the 1965 Act) to the acquisition of land under article 28 (power to acquire land), applies to the compulsory acquisition of a right by the creation of a new right under article 31(1) (power to acquire new rights)—

(a) with the modification specified in paragraph 5; and

(b) with such other modifications as may be necessary.

5.—(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

(5) Section 11(3) (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 29(1)), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right; and sections 11A(4) (powers of entry: further notices of entry), 11B(5) (counter-notice requiring possession to be taken on specified date), 12(6) (penalty for unauthorised entry) and 13(7) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

(6) Section 20(8) (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 29(7) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8) For Schedule 2A to the 1965 Act substitute—

“SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND

Introduction

1.   This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.

2.   In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.   A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory.

4.   A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.   On receiving a counter-notice, the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

6.   The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.   If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.   If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9.   If the acquiring authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10.   On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would—

(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.   In making its determination, the Upper Tribunal must take into account—

(a) the effect of the acquisition of the right,

(b) the proposed use of the right, and

(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.   If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.

13.   If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14.— (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.”

Article 32

SCHEDULE 6 ACQUISITION OF NEW RIGHTS ONLY

In the City of Birmingham—

(1) Description	(2) Number of land shown on works and land plans
2,467 square metres of offices, shops and premises (1-9 Temple Row, 71 and 91-99 Corporation Street, 78-86 Bull Street and 3-9 North Western Arcade).	1
3,979 square metres of shop and premises (90-122 Corporation Street, 18-19 Bull Street, 2-14 and 25 Dalton Way, 5-11 Priory Walk and 15-23 Priory Walk).	5
10,690 square metres of shops and premises (1-35 Martineau Place, 44-80 Corporation Street, 89-102 Bull Street, 4-19 Union Street, 63-69 High Street and Martineau Way).	7
643 square metres of shops and premises (56-58 High Street).	10
588 square metres of offices and premises (12-26 Albert Street).	22
176 square metres of offices and premises (28-38 Albert Street).	23
6,212 square metres of car park (31 Dale End and High Street Car Park).	26

Article 34

SCHEDULE 7 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

In the City of Birmingham—

(1) Location	(2) Number of land shown on works boundary	(3) Purpose for which temporary possession may be taken	(4) Authorised work
Albert Street	17	Stopping up existing highway and replacing with landscaped area.	Work No. 1
Albert Street	18	Stopping up existing highway and replacing with landscaped area.	Work No. 1
Albert Street	28	Construction compound.	Work No. 1
Albert Street	27	Highway works alterations to car park access.	Work No. 1
Eastside Park	50	Temporary construction area.	Work No. 2
New Canal Street	59	Construction compound.	Work No. 3
New Canal Street	60	Construction compound.	Work No. 3
New Canal Street	63	Temporary construction area.	Work No. 3
Meriden Street	74	Temporary construction area.	Work No. 3
Meriden Street	76	Temporary construction area (building alteration).	Work No. 3
Meriden Street	77	Temporary construction area (building alteration).	Work No. 3
Meriden Street	78	Temporary construction area (demolition).	Work No. 3
High Street Deritend	84	Temporary construction area.	Work No. 4
High Street Deritend	86	Temporary construction area.	Work No. 4
Adderley Street	93	Construction compound.	Work No. 4

Article 44

SCHEDULE 8 TRAFFIC REGULATION

Interpretation

In column (1) of each of the tables, the number refers to the relevant traffic regulation reference number shown on the traffic regulation plans. In the event of there being any discrepancy between a provision in this Schedule and the illustration of that provision shown on the traffic regulation plans, this Schedule prevails.

PART 1 STOPPING, WAITING OR UNLOADING

In the City of Birmingham—

Table 1

No waiting at any time

(1) No.	(2) Road	(3) Extent	(4) Notes
1.1	Dale End	On both sides of the street from a point 10 metres from the junction with Albert Street, north for a distance of 35 metres.
1.2	Mill Lane	On both sides of the street from the junction with Digbeth, south for a distance of 30 metres.
1.3	Oxford Street	On both sides of the street from the junction with Digbeth, north for a distance of 25 metres.
1.4	Milk Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 20 metres.
1.5	Floodgate Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 20 metres.
1.6	Gibb Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 25 metres.
1.7	Heath Mill Lane	On both sides of the street from the junction with High Street Deritend, north for a distance of 30 metres.
1.8	Adderley Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 20 metres.

Table 2

No waiting, loading or unloading at any time

(1) No.	(2) Road	(3) Extent	(4) Notes
2.1	Bull Street	On both the east and west side of the street from the junction with Corporation Street, north for a distance of 50 metres.
2.2	Corporation Street	On both the east and west side of the street from the junction with Bull Street, south for a distance of 60 metres.
2.3	Bull Street	On both the north and south side of the street from the junction with Corporation Street and the junction with Dale End/High Street.	Bus stands located on the southern side of Bull Street from the junction of High Street, north for 80 metres.
2.4	High Street	On both the east and west side of the street between the junction with Carrs Lane and Bull Street.	Bus stands located to the west of High Street set back 15 metres from the junction of Bull Street/Dale End going south 35 metres. Removes 3 disabled parking bays on the east side of High Street.
2.5	New Meeting Street	On both the north and south side of the street between Dale End and the junction with Albert Street.
2.6	Albert Street	On both the north and south side of the street between the junction with New Meeting Street and Moor Street Queensway (B4100).
2.7	Moor Street Queensway (B4100)	On both the east and west side of the street, starting 20 metres to the south of the existing junction with Albert Street for a distance of 140 metres north along the street.	Relocating 3 bus stands located on the west side of the street, to the north of the junction with Albert Street. Remove bus stand on the east side of the street.
2.8	Albert Street	On both the north and south side of the street between the junction with Moor Street Queensway and the junction with Park Street.
2.9	Park Street	On both the north and south side of the street from between the junction with Albert Street and the junction with Masshouse Lane.
2.10	Masshouse Lane	On both the north and south side of the street starting 40 metres east of the junction of Masshouse Lane and Moor Street Queensway to the junction with Park Street.
2.11	Fazeley Street	On the north side of the street for a distance of 15 metres north from the junction of New Canal Street and Fazeley Street.
2.12	New Bartholemew Street	On both the north and south side of the street for a distance of 5 metres from its junction with Fazeley Street.
2.13	New Canal Street	On both the east and west side of the street between the junction with Fazeley Street and the junction with Bordesley Street.
2.14	Bordesley Street	On the north side of the street for a distance of 20 metres east of the junction of New Canal Street/Meriden Street.
2.15	Meriden Street	On both the east and west side of the street between the junction with Bordesley Street and the junction with Coventry Street.
2.16	Meriden Street	On both the east and west side of the street from the junction of Coventry Street to the junction with Digbeth.

Table 3

No waiting, loading or unloading between 8:00am and 7:30pm

(1) No.	(2) Road	(3) Extent	(4) Notes
3.1	Corporation Street	On both the east and west side of the street for a distance of 45 metres from the junction with Bull Street.
3.2	Masshouse Lane	On both the east and west side of the street starting 75 metres east of the junction of James Watt Queensway/Moor Street Queensway/Jennens Road to the junction with Park Street.
3.3	Fazeley Street	On both the north and south side of the street for a distance of 15 metres east from the junction with New Canal Street.
3.4	Bordesley Street	On both the north and south side of the street for a distance of 35 metres west from the junction with New Canal Street.
3.5	Bordesley Street	On the south side of the street for a distance of 30 metres east from the junction with New Canal Street.
3.6	Coventry Street	On both the south and north side of the street for a distance of 20 metres west of the junction with Meriden Street and 15 metres east of the junction with Meriden Street.

Table 4

No waiting at any time, no loading: Monday to Friday between 7:00am and 10.00am and between 4:00pm and 7:00pm

(1) No.	(2) Road	(3) Extent	(4) Notes
4.1	Digbeth/High Street Deritend	On the north side of the street from the junction with Allison Street to a distance of 140 metres east of Adderley Street.
4.2	Digbeth/High Street Deritend	On the south side of the street from the junction with Moat Lane gyratory to a distance of 140 metres east of Adderley Street.
4.3	Rea Street	On both the east and west side of the street for a distance of 25 metres south of the junction with High Street Deritend.

Table 5

No waiting at any time, no loading: Monday to Friday between 7:30am and 9:30am and between 4:30pm and 6:30pm

(1) No.	(2) Road	(3) Extent	(4) Notes
5.1	Alcester Street	On both the east and west side of the street for a distance of 25 metres south from the junction with High Street Deritend.

PART 2 DIRECTION OF VEHICULAR TRAFFIC

In the City of Birmingham—

Table 6

One way traffic except pedal cycles

(1) No.	(2) Road	(3) Extent	(4) Notes
6.1	Corporation Street	One way traffic in northbound direction from the junction with Bull Street to the junction with Old Square.

Table 7

One way traffic except tramcars and pedal cycles

(1) No.	(2) Road	(3) Extent	(4) Notes
7.1	Bull Street	One way traffic in the northbound direction between the junction of Corporation Street and Dale End/High Street.

Table 8

One way traffic

(1) No.	(2) Road	(3) Extent	(4) Notes
8.1	Albert Street	One way traffic in the westbound direction between the junction with Park Street and Moor Street Queensway.
8.2	Park Street	One way traffic in the westbound direction between the junction with Masshouse Lane and Albert Street.
8.3	Park Street	One way traffic in the eastbound direction between the junction with Albert Street and Masshouse Lane.

PART 3 PROHIBITION OF VEHICULAR TRAFFIC

In the City of Birmingham—

Table 9

Prohibition of Driving

(1) No.	(2) Road	(3) Extent	(4) Notes
9.1	Bull Street	Prohibition 24 hours except tramcars, pedal cycles, access to off-street areas, access to onstreet loading from its junction with Temple Row to its junction with Corporation Street.
9.2	Corporation Street	Prohibition 24 hours except tramcars, pedal cycles, access to off-street areas, access to onstreet loading, access from Burlington/Britannia Hotels, access from Stephenson Street drop off point from its junction with Stephenson Place to its junction with Bull Street.
9.3	Bull Street	Prohibition 24 hours except tramcars, buses and pedal cycles from its junction with Dale End/High Street in a northerly direction to its junction with Corporation Street.
9.4	Albert Street	Prohibition 24 hours except buses.
9.5	Albert Street	Prohibition 24 hours except tramcars.
9.6	Park Street	Prohibition 24hrs except tramcars.
9.7	New Canal Street	Prohibition 24 hours except tramcars from its junction with Fazeley Street, north for a distance of 65 metres.
9.8	Digbeth/High Street Deritend	Prohibition 24 hours except tramcars from its junction with Meriden Street to its junction with Rea Street.
9.9	Digbeth/High Street Deritend	Prohibition 24 hours except tramcars from its junction with Rea Street to its junction with Heath Mill Lane.
9.10	High Street Deritend	Prohibition 24 hours except buses, hackney carriages and pedal cycles eastbound nearside lane starting 25 metres east of the junction with Adderley Street for a distance of 100 metres.
9.11	High Street Deritend	Prohibition 24 hours except buses, hackney carriages and pedal cycles westbound nearside lane starting 130 metres east of the junction with Adderley Street for a distance of 140 metres.

Table 10

Prohibition of Movement

(1) No.	(2) Road	(3) Extent	(4) Notes
10.1	Corporation Street	No right turn from Corporation Street onto Bull Street except tramcars and pedal cycles.
10.2	Bull Street	No left turn from Bull Street onto Corporation Street except tramcars and pedal cycles.

Table 11

No Overtaking

(1) No.	(2) Road	(3) Extent	(4) Notes
11.1	New Canal Street	No overtaking in both directions from its junction with Fazeley Street to its junction with Bordesley Street.
11.2	Meriden Street	No overtaking in both directions from its junction with Bordesley Street to its junction with Coventry Street.

PART 4 PEDAL CYCLE MOVEMENTS

In the City of Birmingham—

Table 12

Contraflow Cycle Lane

(1) No.	(2) Road	(3) Extent	(4) Notes
12.1	Corporation Street	Contraflow cycle lane in southbound direction on Corporation Street from its junction with Old Square to its junction with Bull Street.

Table 13

Reserved Cycle Lane

(1) No.	(2) Road	(3) Extent	(4) Notes
13.1	Bull Street	Reserved cycle lane from its junction with Corporation Street to its junction with Dale End/High Street.
13.2	New Meeting Street	Reserved cycle lane along length of street.
13.3	Albert Street	Reserved cycle lane from New Meeting Street to its junction with Moor Street Queensway.

PART 5 PARKING SPACES

In the City of Birmingham—

Table 14

Disabled Parking

(1) No.	(2) Road	(3) Extent	(4) Notes
14.1	Dale End	On the west side of the street from a point 15 metres from the junction of Dale End/Bull Street and High Street for a distance of 12 metres.
14.2	Dale End	On the east side of the street from a point 35m from the junction of Dale End/Bull Street and High Street for a distance of 35 metres.
14.3	New Meeting Street	In the servicing area to the south side of the street.	2 bays to the west.
14.4	New Meeting Street	In the servicing area to the south side of the street.	4 bays to the east.

Table 15

Taxi Rank

(1) No.	(2) Road	(3) Extent	(4) Notes
15.1	Dale End	On the west side of the street 27 metres from the junction of Dale End/Bull Street and High Street for a distance of 50 metres.

Table 16

Loading Bay

(1) No.	(2) Road	(3) Extent	(4) Notes
16.1	Park Street	On the north side of the street 40 metres from the junction of Park Street and Masshouse Lane for a distance of 25 metres.	Loading bay for Hotel LaTour passenger drop off.

Table 17

Pay and Display Parking Bays between 8:00am and 7:30pm

(1) No.	(2) Road	(3) Extent	(4) Notes
17.1	New Bartholomew Street	On both the north and south side of the street from 5 metres from its junction with Fazeley Street for a distance of 15 metres.	Maximum stay 4 hours.

Article 46

SCHEDULE 9 PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers, etc. on land acquired

1.—(1) Subject to the following provisions of this paragraph, sections 271 to 274(9) (extinguishment of rights of statutory undertakers etc.) of the 1990 Act apply in relation to any land which has been acquired under this Order, or which is held by the Authority and is appropriated or used (or about to be used) by it for the purposes of this Order or for purposes connected with those provisions; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under section 271 and 272, and sections 279(2) to (4), 280 and 282(10) which provide for the payment of compensation) have effect accordingly.

(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1)—

(a) references to the appropriate Minister are references to the Secretary of State;

(b) references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and

(c) references to land acquired or appropriated as mentioned in section 271(1) of the 1990 Act are references to land acquired, appropriated or used as mentioned in sub-paragraph (1).

(3) Where any apparatus of public utility undertakers or of an operator of an electronic communications code network is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the Authority compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(4) Sub-paragraph (3) does not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the Authority compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making that person’s drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which paragraph 2, or Part 3 of the 1991 Act applies (including that Part as applied by article 5 (application of the 1991 Act)).

(6) In this paragraph—

“electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003(11);

“electronic communications code network” means an electronic communications network within the meaning of the Communications Act 2003 to which the electronic communications code applies; and

“public utility undertakers” has the same meaning as in the 1980 Act (12).

Apparatus of statutory undertakers, etc, in stopped up streets

2.—(1) Where a street is stopped up under article 13 (stopping up of streets) any statutory utility whose apparatus is under, in, upon, over, along or across the street has the same powers and rights in respect of that apparatus, subject to the provision of this paragraph, as if this Order had not been made.

(2) Where a street is stopped up under article 13 any statutory utility whose apparatus is under, in, upon, over, along or across the street may where reasonably necessary for the efficient operation of the undertaking of the statutory utility or, if reasonably requested to do so by the Authority, must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in that other position.

(3) Subject to the following provisions of this paragraph, the Authority must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

(a) the execution of relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of relocation works.

(4) If in the course of the execution of relocation works under sub-paragraph (2)—

(a) apparatus of better type, of greater capacity or of greater dimension is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Authority, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) will be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Sub-paragraph (6) does not apply to apparatus being substituted which comprises cathode protected steel mains and any other apparatus which is agreed between the Authority and the statutory utility as not being required to be replaced imminently.

(8) Sub-paragraphs (3) to (6) do not apply where—

(a) the authorised works constitute major transport works or major highway works for the purposes of Part 3 (street works in England and Wales) of the 1991 Act (including that Part as applied by article 5 (application of the 1991 Act)); and

(b) any relocation works carried out under paragraph (2) include replacement apparatus being placed in a street,

but instead—

(i) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of costs of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(ii) the allowable costs are to be borne by the Authority and the statutory utility in such proportions as may be prescribed by any such regulations.

(9) In this paragraph—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or an operator of an electronic communications code network as defined in paragraph 1(6).

Application of electronic communications code

3.—(1) Part 6 of the electronic communications code does not apply for the purposes of the authorised works to the extent that such works are regulated by Part 11 of the 1990 Act, sections 84 and 85 of the 1991 Act (or regulations made under section 85 of that Act), paragraph 2 or sub-paragraph (3).

(2) Part 10 of the electronic communications code applies for the purposes of the authorised works, except—

(a) in so far as such works are regulated by the 1991 Act or any regulation made under that Act; or

(b) where the Authority exercises a right under subsection (4)(b) of section 272 of the 1990 Act or under an order made under that section to remove apparatus.

(3) The temporary stopping up, alteration or diversion of any highway under article 14 (temporary stopping up of streets) does not affect any the code rights of an operator of an electronic communications code network in respect of any apparatus which at the time of the stopping up or diversion is in the highway.

(4) In this paragraph—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“code rights” means those rights set out in paragraph 3 of the electronic communications code; and

“electronic communications code” and “electronic communications code network” have the same meaning as in paragraph 1(6).

Article 55

SCHEDULE 10 FOR THE PROTECTION OF RAILWAY INTERESTS

1.  The provisions of this Schedule have effect, unless otherwise agreed in writing between the Authority and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2.  In this Schedule—

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“the engineer” means an engineer appointed by Network Rail Infrastructure Limited for the purposes of this Order;

“network licence” means the network licence, as amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers in section 8 (licences)(13) of the Railways Act 1993;

“Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London, NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.)(14) of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

“plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

“railway property” means any railway belonging to Network Rail and—

(a)

any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and

(b)

any easement or other property interest held by or used for the benefit of Network Rail for the purposes of such railway or works, apparatus or equipment; and

“specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3.—(1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

(2) Insofar as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

(a) co-operate with the Authority with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements arising from those procedures; and

(b) use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development under this Order.

4.—(1) The Authority must not exercise the powers conferred by article 23 (power to survey and investigate land, etc.) and article 28 (power to acquire land) in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The Authority must not in 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 Authority must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic code communications operators: preliminary notices)(15) of the 1990 Act as applied by Schedule 9 (provisions relating to 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 Authority must not under the powers conferred by this Order acquire or use, or acquire new rights over, any railway property except with the consent of Network Rail.

(5) 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.

5.—(1) The Authority must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval the Authority may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the Authority. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer is to be deemed to have approved the plans as submitted.

(3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the Authority that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the Authority desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the Authority in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the Authority for an agreed cost.

(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the Authority, if Network Rail so desires, and such protective works are to be carried out at the expense of the Authority in either case without unnecessary delay and the Authority must not commence the construction of the specified works until the engineer has notified the Authority that the protective works have been completed to the engineer’s reasonable satisfaction.

6.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

(c) in such manner as to cause as little damage as is possible to railway property; and

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of, a specified work, the Authority must, regardless of any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Schedule imposes any liability on the Authority with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the Authority or its servants, contractors or agents.

7.  The Authority must—

(a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

8.  Network Rail must at all times afford reasonable facilities to the Authority and its agents for access to any works carried out by Network Rail under this Schedule during their construction and must supply the Authority with such information as it may reasonably require with regard to such works or the method of constructing them.

9.—(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the Authority reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the Authority must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work by the Authority, Network Rail gives notice to the Authority that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the Authority decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the Authority must, regardless of any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a), provide such details of the formula by which those sums have been calculated as the Authority may reasonably require.

(4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving is to be set off against any sum payable by the Authority to Network Rail under this paragraph.

10.  The Authority must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of a specified work on behalf of the Authority as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the approval by the engineer of plans submitted by the Authority and the supervision by the engineer of the construction of a specified work;

(c) in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

(e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11.—(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised works giving rise to EMI (unless the Authority has been given notice in writing before the approval of those plans of the intention to make such change).

(3) Subject to sub-paragraph (5), the Authority must in the design and construction of the authorised works take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the Authority’s compliance with sub-paragraph (3)—

(a) the Authority must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) Network Rail must make available to the Authority all information in the possession of Network Rail reasonably requested by the Authority in respect of Network Rail’s apparatus identified under sub-paragraph (a); and

(c) Network Rail must allow the Authority reasonable facilities for the inspection of Network Rail’s apparatus identified under sub-paragraph (a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) has effect subject to this sub-paragraph.

(6) If at any time prior to the completion of the authorised development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the Authority must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) the Authority’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a) the Authority must afford reasonable facilities to Network Rail for access to the Authority’s apparatus in the investigation of such EMI;

(b) Network Rail must afford reasonable facilities to the Authority for access to Network Rail’s apparatus in the investigation of such EMI; and

(c) Network Rail must make available to the Authority any additional material information in its possession reasonably requested by the Authority in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail approves modifications to Network Rail’s apparatus under subparagraphs (5) or (6)—

(a) Network Rail must allow the Authority reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b) any modifications to Network Rail’s apparatus approved under those sub-paragraphs must be carried out and completed by the Authority in accordance with paragraph 6.

(9) To the extent that it would not otherwise do so, the indemnity referred to in paragraph 15(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which subparagraph (6) applies.

(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph is to be deemed to be protective works referred to in that paragraph.

(11) In relation to any dispute arising under this paragraph the reference in article 53 (arbitration) to the Institution of Civil Engineers is to be read as a reference to the Institution of Electrical Engineers.

12.—(1) If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the Authority informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the Authority must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

(2) If at any time after the completion of a specified work, being a work vested in Network Rail, the Authority gives notice to Network Rail informing it that the state of maintenance of the specified work appears to be such as adversely affects the operation of the authorised tramway Network Rail must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect the authorised tramway.

13.  The Authority must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14.  Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the Authority, be repaid by the Authority to Network Rail.

15.—(1) The Authority must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

(a) by reason of the construction or maintenance of a specified work or the failure of such a work; or

(b) by reason of any act or omission of the Authority or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and the Authority must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the Authority or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision does not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the Authority from any liability under the provisions of this sub-paragraph.

(2) Network Rail must give the Authority reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the Authority.

(3) The sums payable by the Authority under sub-paragraph (1) include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums are payable to that operator under sub-paragraph (4).

(6) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in subparagraph (1); and

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 (licences) of the Railways Act 1993.

16.  Network Rail must, on receipt of a request from the Authority, from time to time provide the Authority free of charge with written estimates of the costs, charges, expenses and other liabilities for which the Authority is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the Authority to assess the reasonableness of any such estimate or claim made or to be made under this Schedule (including any claim relating to those relevant costs).

17.  In the assessment of any sums payable to Network Rail under this Schedule no account is to be taken of any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the Authority under this Schedule or increasing the sums so payable.

18.  The Authority and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the Authority of—

(a) any railway property shown on the works and land plans and described in the book of reference;

(b) any lands, works or other property held in connection with any such railway property; and

(c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

19.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

20.  The Authority must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 51 (certification of plans etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

Article 56

SCHEDULE 11 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

1.—(1) The following provisions of this Schedule, unless otherwise agreed in writing between the Authority and the Agency, have effect.

(2) In this Schedule—

“the Agency” means the Environment Agency;

“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are construed accordingly;

“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“plans” includes sections, drawings, specifications and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; or

(b)

affect the flow, purity or quality of water in any watercourse or ground water; and

“watercourse” includes all rivers, streams, ditches, drains, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer or drain.

2.—(1) Before beginning to construct any specified work, the Authority must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 11.

(3) Any approval of the Agency required under this paragraph—

(a) must not be unreasonably withheld;

(b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c) may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

3.  Without limitation on the scope of paragraph 2, the requirements which the Agency may make under that paragraph include conditions requiring the Authority at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

4.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 3, must be constructed—

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Schedule; and

(b) to the reasonable satisfaction of the Agency,

and an officer of the Agency is entitled to watch and inspect the construction of such works.

(2) The Authority must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

(3) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Schedule, the Agency may by notice in writing require the Authority at the Authority’s own expense to comply with the requirements of this Schedule or (if the Authority so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(4) Subject to sub-paragraph (5) and paragraph 7, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the Authority, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the Authority.

(5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

5.—(1) Subject to the provisions of this Schedule and except to the extent that the Agency or another person is liable to maintain any such work and is not precluded by the exercise of the powers conferred by this Order from so doing, the Authority must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation or on land held by the Authority for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work which the Authority is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the Authority to repair and restore the work, or any part of such work, or (if the Authority so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) Subject to paragraph 7, if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the Authority, the Authority has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the Authority.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

6.  Subject to paragraph 7, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the Authority to the reasonable satisfaction of the Agency and if the Authority fails to do so, the Agency may make good the impairment or damage and recover from the Authority the expense reasonably incurred by it in doing so.

7.  Nothing in paragraphs 4(4), 5(3) and 6 authorises the Agency to execute works on or affecting the authorised works.

8.  The Authority must indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—

(a) in the examination or approval of plans under this Schedule; and

(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Schedule.

9.—(1) Without affecting the other provisions of this Schedule, the Authority must indemnify the Agency from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the Agency by reason of—

(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b) any raising or lowering of the water table in land adjoining the authorised works or any sewers, drains and watercourses;

(c) any flooding or increased flooding of any such lands; or

(d) inadequate water quality in any watercourse or in any groundwater,

which is caused by the construction of any of the specified works or any act or omission of the Authority, its contractors, agents or employees whilst engaged upon the work.

(2) The Agency must give to the Authority reasonable notice of any such claim or demand and no settlement or compromise may be made without the agreement of the Authority which agreement must not be unreasonably withheld or delayed.

10.  The fact that any work or thing has been executed or done by the Authority in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the Authority from any liability under the provisions of this Schedule.

11.  Any dispute arising between the Authority and the Agency under this Schedule, if the parties agree, is to be determined by arbitration under article 53 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by the Authority or the Agency, after notice in writing by one to the other.

(1)

S.I. 2020/141.

(2)

1973 c. 26.

(3)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

(4)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

(5)

Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

(6)

Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

(7)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(8)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

(9)

Sections 272 to 274 were amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

(10)

Section 279(3) was amended by paragraph 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

(11)

2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

(12)

1980 c. 66.

(13)

1993 c. 43. Section 8 was amended by paragraph 4 of Schedule 17 and Part 4 of Schedule 31 to the Transport Act 2000 (c. 38), paragraphs 3 and 5 of Schedule 2 to the Railways and Transport Safety Act 2003 (c. 20), paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to the Railways Act 2005 (c. 14) and S.I. 2015/1682.

(14)

2006 c. 46.

(15)

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