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.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1981 c. 66.

(4)

1990 c. 8.

(5)

1991 c. 22.

(6)

S.I. 2015/596.

(7)

1845 c. cliv.

(8)

1846 c. clxxii.

(9)

1847 c. clvi.

(10)

1848 c. cxix.

(11)

1981 c. 67. The definition of the “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34).

(12)

Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to the Planning and Compulsory Purchase Act 2004 (c. 5), section 14(4) of, and paragraphs 1 and 4 of Schedule 3 to, the Neighbourhood Planning Act 2017 (c. 20), section 147(3) of, and paragraph 3(1) and (5) of Part 2 of Schedule 14 to, the Environment Act 2021 (c. 30) and section 114(6) of the Levelling-up and Regeneration Act 2023 (c. 55).