The Network Rail (Cambridge Re-Signalling) Order 2024

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Network Rail (Cambridge Re-Signalling) Order 2024 and comes into force on 13th June 2024.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1981 Act” means the Compulsory Purchase (Vesting Declaration) Act 1981(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1991 Act” means the New Roads and Street Works Act 1991(5);

“book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“the development” means the works required for the re-signalling of the Cambridge station interlocking area and the upgrade of the relevant level crossings, including any other works and operations incidental or ancillary to such works, permitted by—

(a)

the planning permissions; and

(b)

the Town and Country Planning (General Permitted Development) (England) Order 2015(6), including Part 8 and Part 18 of Schedule 2 to that Order in relation to works authorised by the enabling Acts;

“the enabling Acts” means—

(a)

the Norwich and Brandon Railway Act 1845(7);

(b)

the Newmarket and Chesterford Railways Act 1846(8);

(c)

the Eastern Counties Railway Act 1847(9); and

(d)

the Royston and Hitchin Railway Amendment (Shepreth Extension) Act 1848(10);

“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;

“Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;

“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;

“Order limits” means the limits of land to be acquired or used shown on the land plans;“owner” in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(11);

“the planning permissions” means—

(a)

the following planning permissions—

(i)

the planning permission under reference 22/05163/FUL granted on 13th April 2023 under the 1990 Act by South Cambridgeshire District Council for installation of relocatable equipment building including any other works and operations incidental or ancillary to such works at Hauxton Road;

(ii)

the planning permission under reference 22/05204/FUL granted on 25th May 2023 under the 1990 Act by South Cambridgeshire District Council for installation of relocatable equipment building including any other works and operations incidental or ancillary to such works at Meldreth Level Crossing; and

(iii)

the planning permission under reference 3PL/2022/1442/F granted on 2nd March 2023 under the 1990 Act by Breckland Council for installation of relocatable equipment building including any other works and operations incidental or ancillary to such works at the Croxton Level Crossing;

(b)

any planning permission granted under section 73(12) (determination of applications to develop land without compliance with conditions previously attached) of the 1990 Act directly related to any of those planning permissions; and

(c)

any other planning permissions granted under the 1990 Act for the development listed in sub-paragraph (a); and

“statutory undertaker” means—

(a)

any person who is a statutory undertaker for the purposes of the 1990 Act; and

(b)

any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the Communications Act 2003.

(2) References in this Order to rights over land include references to the right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.

PART 2 STREETS

Stopping up of streets

3.—(1) Subject to the provisions of this article, Network Rail may stop up each of the streets specified in columns (1) and (2) of Schedule 1 (streets to be stopped up) to the extent specified in column (3) of that Schedule.

(2) Where a street has been stopped up under this article all rights of way over or along the street so stopped up are extinguished.

(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(4) This article is subject to Schedule 6 (apparatus of statutory undertakers, etc. in stopped up streets) to this Order.

PART 3 ACQUISITION AND POSSESSION OF LAND

Power to acquire land

4.—(1) Network Rail may acquire compulsorily so much of the land shown on the land plans as land to be acquired compulsorily and described in the book of reference as may be required for the purposes of the development and may use any land so acquired for those purposes or for any other purposes that are ancillary to its railway undertaking.

(2) This article is subject to article 7(2) (power to acquire new rights), article 8(8) (temporary use of land in connection with the development), article 9 (temporary use of land for oversailing and access) and article 12 (time limit for exercise of powers of acquisition).

Application of Part 1 of the 1965 Act

5.—(1) Part (compulsory acquisition under Acquisition of Land Act of 1946) of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies and;

(b) as if this Order was a compulsory purchase order under that Act.

(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect subject to the following modifications.

(3) Omit section 4 (which provides a time limit for compulsory purchase of land).

(4) In section 4A(1)(13) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 12 (time limit for exercise of powers of acquisition) of the Network Rail (Cambridge Re-Signalling) Order 2024”.

(5) In section 11(1B)(14) (power of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.

(6) In section 11A(15) (powers of entry: further notices of entry)—

(a) in subsection (1)(a) after “land” insert “under that provision”; and

(b) in subsection (2), after “land” insert “under that provision”.

(7) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 12 (time limit for exercise of powers of acquisition) of the Network Rail (Cambridge Re-Signalling) Order 2024”.

(8) In Schedule 2A(16) (counter-notice requiring purchase of land not in notice to treat)—

(a) omit paragraphs 1(2) and 14(2); and

(b) after paragraph 29 insert—

“PART 4 INTERPRETATION

30.   In this Schedule, references to entering on and taking possession of land do not include doing so under article 8 (temporary use of land in connection with the development) of the Network Rail (Cambridge Re-Signalling) Order 2024.”.

Application of the 1981 Act

6.—(1) The 1981 Act applies as if this Order was a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 5(2) (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.

(4) Omit 5A(17) (time limit for general vesting declaration).

(5) In section 5B(1)(18) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 12 (time limit for exercise of powers of acquisition) of the Network Rail (Cambridge Re-Signalling) Order 2024”.

(6) In section 6(1)(b)(19) (notices after execution of declaration), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.

(7) In section 7(1)(a)(20) (constructive notice to treat), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8) In Schedule A1(21) (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(9) References to the 1965 Act are to be construed as references to that Act as applied to the acquisition of land by article 5 (application of Part 1 of the 1965 Act).

Power to acquire new rights

7.—(1) Subject to paragraph (2), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 4 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easement or other rights already in existence.

(2) In the case of the Order land specified in column (2) of Schedule 2 (land in which only new rights etc., may be acquired) Network Rail may compulsorily acquire such new rights as may be required for the purpose specified in relation to that land in column (3) of that Schedule, by creating them as well as by acquiring such rights of access or other easements already in existence.

(3) In the case of plot shown numbered 306 on the land plans the power to acquire new rights under paragraph (2) extends to acquiring rights on behalf of owners of land affected by the exercise of the powers of the Order for the purpose specified in relation to those plots in column (3) of Schedule 2.

(4) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights)) where Network Rail acquires a right over land under paragraph (1) Network Rail is not required to acquire a greater interest in that land.

(5) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation, and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

Temporary use of land in connection with the development

8.—(1) Subject to the provisions of article 13 (statutory undertakers, etc.), Network Rail may in connection with the development—

(a) enter upon and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 3 (land of which temporary possession may be taken) for the purposes described in column (3) of that Schedule; and

(ii) subject to paragraph (10), any other Order land in respect of which no notice of entry has been served under section 11(22) (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4(23) (execution of declaration) of the 1981 Act;

(b) remove any buildings and vegetation from that land;

(c) construct temporary works (including the provision of means of access) and buildings on that land; and

(d) construct any permanent works specified in relation to that land in column (3) of Schedule 3 or any mitigation works on that land.

(2) Not less than 14 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(3) Subject to article 4 (power to acquire land), Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the works for the purposes of which temporary possession of that land was taken as specified in column (3) of Schedule 3 in respect of that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land, but Network Rail is not required to replace a building removed in connection with the implementation of the development.

(5) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(7) Without affecting article 16 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)(24) (further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage for which compensation is payable under paragraph (5).

(8) Where Network Rail takes possession of land under this article, it is not required to acquire the land or any interest in it.

(9) Section 13(25) (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 5(1) (application of Part 1 of the 1965 Act).

(10) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 4 (power to acquire land) or any land specified in Schedule 2 (land in which only new rights etc., may be acquired).

Temporary use of land for oversailing and access

9.—(1) Network Rail may enter upon and use the land (and the airspace above that land) specified in Schedule 4 (land which may be used for oversailing and access)—

(a) for the oversailing of cranes and other equipment used by Network Rail in connection with the development; and

(b) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the development.

(2) The power under paragraph (1) is only exercisable on giving at least 7 days’ notice to the owners and occupiers of the land or, where access is urgently required under paragraph (1)(b), such notice as is reasonably practicable.

(3) Paragraph (2) does not require notice to be given in relation to land used under paragraph (1)(b) where notice under that paragraph has already been given in relation to that land.

(4) Network Rail may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in paragraph (1)(a) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used.

(5) Network Rail must pay compensation to the owners and occupiers of land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(7) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 5 (application of Part 1 of the 1965 Act).

Disregard of certain interests and improvements

10.—(1) In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1), “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

(3) In this article, “the tribunal” means the Lands Chamber of the Upper Tribunal.

Extinction or suspension of private rights of way

11.—(1) Subject to the provisions of article 13 (statutory undertakers, etc.) and paragraph (7) all private rights of way over land subject to compulsory acquisition under this Order are extinguished—

(a) as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1)(26) of the 1965 Act,

whichever is the sooner.

(2) Subject to paragraph (7), all private rights of way over land owned by Network Rail which, being within the Order limits, is required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.

(3) Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right—

(a) as from the date of the acquisition of the right by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,

whichever is the sooner.

(4) Subject to paragraph (7), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

(5) Subject to paragraph (7), all public or private rights of way across the plot shown numbered 305 on the land plans are extinguished.

(6) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(7) Paragraphs (1) to (5) have effect subject to—

(a) any notice given by Network Rail before—

(i) the completion of the acquisition of;

(ii) Network Rail’s appropriation of;

(iii) Network Rail’s entry onto; or

(iv) Network Rail taking temporary possession of,

the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b) any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

(8) If any such agreement as is mentioned in paragraph (7)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Time limit for exercise of powers of acquisition

12.—(1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

(a) no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 5 (application of Part 1 of the 1965 Act); and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 6 (application of the 1981 Act).

(2) The powers conferred by article 8 (temporary use of land in connection with the development) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail from remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.

PART 4 MISCELLANEOUS AND GENERAL

Statutory undertakers, etc.

13.—(1) Nothing in this Order affects the rights of statutory undertakers to maintain apparatus.

(2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

Certification of plans, etc.

14.  Network Rail must, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference and the land plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the content of the document of which it is a copy.

Service of notices

15.—(1) A notice or other document required or authorised to be served for the purpose of this Order may be served—

(a) by post; or

(b) with the consent of the recipient, and subject to paragraphs (5) to (8), by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978(27) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner” or, as the case may be, “occupier” of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission, the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purpose of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article—

“address” includes any number or address used for the purpose of electronic transmission; and

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form,

and in this definition “electronic communications network” has the same meaning as in section 31(1) (meaning of electronic communications networks and services) of the Communications Act 2003(28);

No double recovery

16.  Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Arbitration

17.  Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Signed by authority of the Secretary of State

Natasha Kopala

Head of the Transport and Works Act Orders Unit

Department for Transport

23rd May 2024