High Speed Rail (London - West Midlands) Act 2017 (c. 7)

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High Speed Rail (London - West Midlands) Act 2017

2017 CHAPTER 7

An Act to make provision for a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham; and for connected purposes.

[23rd February 2017]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Works

1Power to construct and maintain works for Phase One of High Speed 2

(1)The nominated undertaker may construct and maintain the works specified in Schedule 1, being-

(a)works for the construction of Phase One of High Speed 2, and

(b)works consequent on, or incidental to, such works.

(2)In this Act, the works specified in Schedule 1 are called the "scheduled works".

(3)In this Act "Phase One of High Speed 2" means a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham.

2Further provision about works

(1)The nominated undertaker may, for the purposes of or in connection with the scheduled works or otherwise for Phase One purposes, do any of the following within the Act limits-

(a)carry out and maintain railway electrification and signalling works;

(b)make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, buildings, apparatus, plant and machinery as may be necessary or expedient;

(c)construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or expedient;

(d)demolish the whole or part of any building or structure;

(e)alter or remove any structure erected upon any highway or adjoining land;

(f)alter, or alter the position of, railway track and any apparatus associated with railway track;

(g)alter, or alter the position of, other apparatus, including mains, sewers, drains and cables;

(h)alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(i)carry out and maintain such other works, of whatever description, as may be necessary or expedient.

(2)Subsection (1) does not authorise the making of any cut for drainage purposes which is more than 3.4 metres wide at the bottom.

(3)The nominated undertaker may within the Act limits-

(a)carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, and

(b)carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Act.

(4)Schedule 2 contains further and supplementary provision about works.

(5)Without prejudice to subsection (1)(g), the nominated undertaker may, for the purposes of or in connection with the works authorised by this Act, undertake the electric line diversions and other works specified in the table in Schedule 3.

3Highways

(1)The powers conferred on the nominated undertaker under this Act with respect to works may not be exercised in relation to a highway for which a strategic highways company is the highway authority unless the company consents.

(2)Schedule 4 contains provision about-

(a)highway access;

(b)power to stop up and interfere with highways;

(c)construction and maintenance of highways.

Compulsory acquisition of land

4Power to acquire land compulsorily

(1)Subject to subsection (6), the Secretary of State may acquire compulsorily so much of the land within the Act limits as may be required for Phase One purposes.

(2)Schedule 5 contains provision about the particular purposes for which land within the limits of land to be acquired or used may be acquired under subsection (1).

(3)Part 1 of the Compulsory Purchase Act 1965, so far as not inconsistent with this Act, applies to an acquisition of land under subsection (1)-

(a)as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies, and

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

(4)The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Act were a compulsory purchase order.

(5)Schedule 6 contains further provision about the application of compulsory purchase legislation.

(6)This section does not apply to Plot 91 or 91a in the Parish of Bickenhill in the Metropolitan Borough of Solihull, as shown on the deposited plans and in the deposited book of reference.

(7)In subsection (6), "the deposited book of reference" means the book deposited in November 2013 in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

5Acquisition of rights in land

(1)The power under section 4(1) includes power to acquire such easements or other rights over land to which the power relates as may be required for Phase One purposes, by-

(a)creating new easements or other rights, or

(b)acquiring easements or other rights already in existence.

(2)The terms of an easement created under subsection (1)(a) may include terms imposing a restrictive covenant for the purpose of making the easement effective.

(3)In the case of land specified in the table in Schedule 7, the power under section 4(1) also includes power to impose restrictive covenants over the land for the purposes specified in relation to the land in column (3) of the table.

(4)In the case of land specified in the table in Schedule 8, the power under section 4(1) may be exercised only so as to acquire rights for purposes specified in relation to the land in column (3) of the table.

(5)The Secretary of State may by order provide that section 4(1), so far as relating to compulsory acquisition by virtue of this section, is to be treated as also authorising acquisition of rights or imposition of restrictive covenants by such person as may be specified in the order.

(6)The power to make an order under subsection (5) includes power to make an order varying or revoking any order previously made under that subsection.

(7)Schedule 9 contains provision about the application of compulsory purchase legislation to a compulsory acquisition by virtue of this section.

6Acquisition of part of land

(1)The provisions of Schedule 10 apply instead of section 8(1) of the Compulsory Purchase Act 1965 where-

(a)a notice to treat under Part 1 of the Compulsory Purchase Act 1965, as applied by section 4(3) to the acquisition of land under section 4(1), is given in respect of land forming part only of a house, building or manufactory or part only of land consisting of a house with a park or garden, and

(b)a copy of this section and Schedule 10 is given with the notice to treat.

(2)Nothing in this section or Schedule 10 applies in relation to a compulsory acquisition under section 4(1) by virtue of section 5 (acquisition of rights or imposition of restrictive covenants).

7Acquisition of airspace

(1)The power under section 4(1) in relation to land may be exercised in relation to the airspace over the land only.

(2)The following do not apply in connection with the exercise of the power under section 4(1) in relation to airspace only-

(a)section 8(1) of the Compulsory Purchase Act 1965 (limitation on right to require person to sell part only of any house, building, manufactory or park or garden belonging to a house);

(b)Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration).

8Acquisition of subsoil or under-surface

(1)The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.

(2)The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only-

(a)section 8(1) of the Compulsory Purchase Act 1965 (limitation on right to require person to sell only part of a house, building, manufactory or park or garden belonging to a house);

(b)Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration).

(3)Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory.

(4)Schedule 11 contains provision which in certain cases restricts the power under section 4(1)-

(a)to the subsoil or under-surface of land, or

(b)to the subsoil or under-surface of land and rights of passage.

9Highway subsoil

(1)The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the Act limits as is required for the purposes of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it.

(2)Subsection (1) does not apply in relation to any cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway.

(3)In the case of land specified in the table in Schedule 12-

(a)the power under subsection (1) is not exercisable in relation to the subsoil of a highway comprised in the land, and

(b)the power under section 4(1) is not exercisable in relation to the land so far as the surface of the land is comprised in a highway.

(4)Subsection (3)(b) does not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where-

(a)the building is within the Act limits, and

(b)the power under section 4(1) is exercisable in relation to the building.

(5)In the case of a highway comprised in land specified in the table in paragraph 1 of Schedule 11, the power under subsection (1) is exercisable only in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.

(6)The restrictions imposed by subsections (3) and (5) on the power under subsection (1) do not affect the power under paragraph 7(1) of Schedule 4 (power of nominated undertaker to enter upon highway to carry out certain street works).

(7)The nominated undertaker must compensate any person who-

(a)is an owner or occupier of land in respect of which the power under subsection (1) is exercised, and

(b)suffers loss by the exercise of that power.

(8)Any dispute as to a person's entitlement to compensation under subsection (7), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(9)Compensation is not payable under subsection (7) to any person who is an undertaker to whom section 85 of the New Roads and Street Works Act 1991 applies (sharing of cost of necessary measures) in respect of measures of which the allowable costs are to be borne in accordance with that section.

10Termination of power to acquire land

(1)After the end of the period of 5 years beginning with the day on which this Act is passed-

(a)no notice to treat may be served under Part 1 of the Compulsory Purchase Act 1965, as applied by section 4(3) to the acquisition of land under section 4(1), and

(b)no declaration may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 4(4) to the acquisition of land under section 4(1).

(2)The Secretary of State may by order extend the period under subsection (1) in relation to any land, but may only do so-

(a)once, and

(b)by not more than 5 years.

(3)An order under subsection (2) is subject to special parliamentary procedure (as to which, see the Statutory Orders (Special Procedure) Act 1945).

(4)Schedule 13 contains provision about a right to require acquisition where an order is made under subsection (2).

11Amendments consequential on the Housing and Planning Act 2016

Schedule 14 contains amendments to this Act that are consequential on provision made by Part 7 of the Housing and Planning Act 2016 (compulsory purchase).

Extinction and exclusion of rights over land

12Extinction of rights over land

Schedule 15 contains provision about the extinction of private and other rights over land.

13Extinction of rights of statutory undertakers

(1)Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2)In their application by virtue of subsection (1)-

(a)sections 271 to 273 of the Town and Country Planning Act 1990 have effect as if references to the acquiring or appropriating authority were to the nominated undertaker, and

(b)sections 271 and 272 of that Act also have effect as if-

(i)in subsection (2), for the words from "with" to "appropriated" there were substituted "authorised by the High Speed Rail (London - West Midlands) Act 2017", and

(ii)in subsection (5), for the words from "local" to "or undertakers" there were substituted "a person other than a Minister, the Minister".

(3)Any reference in the Town and Country Planning Act 1990 to section 271, 272 or 273 (including a reference to a provision of any of those sections) includes a reference to that section (or provision) as applied by subsection (1).

(4)In their application by virtue of subsection (3)-

(a)section 274(3) of the Town and Country Planning Act 1990 has effect as if for "local authority or statutory undertakers" there were substituted "person", and

(b)sections 274(5), 279(2) to (4) and 280(6) of that Act have effect as if references to the acquiring or appropriating authority were to the nominated undertaker.

14Exclusion of new rights of way

(1)No right of way may be acquired by prescription or user over land which-

(a)forms an access or approach to any railway infrastructure, and

(b)falls within subsection (2).

(2)Land falls within this subsection if it is within the Act limits and-

(a)the land, or a right of way over the land, has been acquired under this Act,

(b)the land, or a right of way over the land, is acquired by the Secretary of State for Phase One purposes otherwise than under this Act on or after the day on which this Act comes into force, or

(c)the land, or a right of way over the land, was held by the Secretary of State for Phase One purposes immediately before that day.

(3)In subsection (1) "railway infrastructure" means any building, structure, railway track or other work used, or intended to be used, for Phase One purposes.

Temporary possession and use of land

15Temporary possession and use of land

Schedule 16 contains provisions about temporary possession and use of land in connection with the works authorised by this Act.

16Use of roads

(1)The nominated undertaker may use any road situated on land specified in-

(a)the table in Schedule 8, or

(b)the table in paragraph 2 of Schedule 11,

for the passage of persons or vehicles (with or without materials, plant or machinery) for Phase One purposes.

(2)The power under subsection (1) may not be exercised after the end of five years beginning with the date on which Phase One of High Speed 2 is brought into general use.

(3)The nominated undertaker must compensate the person having the management of a road to which subsection (1) applies for any loss which the person may suffer by reason of the exercise of the power under that subsection.

(4)Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

17Cranes

(1)The nominated undertaker may enter upon and use airspace above the surface of land specified in subsection (7) for the oversailing of cranes used by the nominated undertaker for Phase One purposes.

(2)The power under subsection (1) is exercisable on giving at least 7 days' notice to the owners and occupiers of the land.

(3)The nominated undertaker may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in subsection (1) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used.

(4)The nominated undertaker must pay compensation to the owners and occupiers of land above which the power under subsection (1) is exercised for any loss which they may suffer by reason of the exercise of that power.

(5)Any dispute as to a person's entitlement to compensation under subsection (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(6)Nothing in this section affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under subsection (4).

(7)This is the land referred to in subsection (1)-

AreaNumber of land shown on deposited plans
London Borough of Camden865, 866, 877 to 888, 890, 895 to 898, 902, 903, 909, 913 to 915, 922 to 925, 927, 929 to 931, 943, 944, 956, 957, 969, 1039, 1046, AP3-1
London Borough of Hillingdon581, 582, 589, 592, 596, 599

18Enforcement of restrictions on land use

(1)This section applies where-

(a)a prohibition or restriction on the use of land is imposed by a covenant or agreement between a person interested in the land ("the promisor") and the Secretary of State, and

(b)the covenant or agreement is made for Phase One purposes.

(2)The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if-

(a)the Secretary of State were possessed of adjacent land, and

(b)the covenant or agreement had been expressed to be made for the benefit of such land.

(3)Section 2(c) of the Local Land Charges Act 1975 (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) does not apply to the prohibition or restriction.

19Compensation for injurious affection

Section 10(1) of the Compulsory Purchase Act 1965 (compensation for injurious affection) has effect, in relation to land injuriously affected by the execution of works under this Act by the nominated undertaker, as if for "acquiring authority have" there were substituted "nominated undertaker has".

Planning

20Deemed planning permission

(1)Planning permission is deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act.

This is subject to the other provisions of this Act.

(2)Where development authorised by this Act consists of the carrying out of a work which is not a scheduled work, subsection (1) does not apply if-

(a)the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

(b)the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(c)the development is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill.

(3)Schedule 17 imposes conditions on deemed planning permission under subsection (1).

(4)Deemed planning permission under subsection (1) is specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (specific planning permission for development of statutory undertakers' land relevant to whether the land is operational land).

(5)Development which has deemed planning permission under subsection (1) is not development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing it).

21Time limit on deemed planning permission

(1)In relation to development consisting of the construction of a scheduled work, it is a condition of the deemed planning permission under section 20(1) that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

(2)The Secretary of State may, in relation to any such development, by order extend the period within which the development must be begun by virtue of this section.

(3)An order under subsection (2) must be made by statutory instrument; and a statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) does not apply to deemed planning permission under section 20(1).

22Power to disapply deemed planning permission

(1)The Secretary of State may by order provide, in relation to any work constructed in exercise of the powers conferred by this Act, that section 20(1) is not to apply to development consisting of operations for the maintenance or alteration of the work which are begun on or after a day specified in the order.

(2)The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing that order) has effect in relation to any development excepted from section 20(1) by subsection (1) as if this Act were a local Act.

(3)An order under subsection (1) may make different provision for different cases.

(4)An order under subsection (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.

(5)The Secretary of State may direct that section 20(1) does not apply in relation to development consisting of the carrying out of Works Nos. 2/76B, 2/76C and 2/78 (scheduled works relating to relocation of waste management facilities in Calvert Green, Buckinghamshire).

(6)Where a direction under subsection (5) has effect in relation to the works mentioned in that subsection, the Secretary of State may direct-

(a)that planning permission for the works is deemed to be granted under Part 3 of the Town and Country Planning Act 1990, subject to such conditions as may be specified in the direction;

(b)that, where the works have deemed planning permission under paragraph (a), section 1(1) is to be treated as also authorising them to be carried out by such person as may be specified in the direction.

(7)The provisions of the Town and Country Planning Act 1990 (other than section 92 and Part 12) apply in relation to deemed planning permission under subsection (6)(a) as if it had been granted by the Secretary of State on an application referred to the Secretary of State under section 77 of that Act.

(8)Section 21 (time limit on permission) applies in relation to development authorised by subsection (6)(a) as if it had deemed planning permission under section 20(1).

(9)The Secretary of State must-

(a)publish any direction under subsection (6)(a) in such manner as the Secretary of State thinks appropriate, and

(b)give copies of any such direction to-

(i)the owners and occupiers of the land to which the deemed planning permission relates, and

(ii)the district council in whose area the development to which the direction relates is or is to be carried out.

(10)Where the works mentioned in subsection (5) are carried out by a person other than the nominated undertaker-

(a)section 10(1) of the Compulsory Purchase Act 1965 (compensation for injurious affection) has effect, in relation to land injuriously affected by the execution of the works, as if for "acquiring authority have" there were substituted "person carrying out the works has";

(b)section 6 of the Railways Clauses Consolidation Act 1845 (as applied by paragraph 4(1) of Schedule 27) has effect as if references to "the company" were to the person carrying out the works.

(11)Directions given under subsection (5) or (6) may revoke or vary previous such directions.

23Parking at Birmingham Interchange: limit on deemed planning permission

(1)In the case of development consisting of the provision of parking at Birmingham Interchange ("relevant development"), section 20(1) only applies to development which, when taken together with any other relevant development which has deemed planning permission under section 20(1), does not involve-

(a)the provision of more than 7500 parking spaces for cars, and

(b)the provision of more than 5 parking spaces for coaches.

(2)Schedule 17 (planning conditions) does not apply to development to which subsection (1) applies.

(3)The deemed planning permission under section 20(1) for relevant development is to be treated for the purposes of the Development Management Procedure Order (and for no other purpose) as an outline planning permission in respect of which access, appearance, landscaping and layout (in each case as defined by that Order) are specified as reserved matters for the subsequent approval of the local planning authority.

(4)In this section-

(a)"Birmingham Interchange" means so much of the land within the Act limits as falls within the area bounded by-

(i)the A452 Chester Road to the east,

(ii)the M42 to the west, and

(iii)the A45 Coventry Road to the south;

(b)"the Development Management Procedure Order" means the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) (or any order replacing it);

(c)the reference to development consisting of the provision of parking does not include development consisting of-

(i)the provision of short-term parking for cars, taxis and coaches, or

(ii)the provision of parking on working sites.

24Development consent

The works authorised by this Act do not require consent under the Planning Act 2008 (development consent).

Deregulation

25Listed buildings

Schedule 18 contains provision for the disapplication or modification of controls relating to listed buildings.

26Ancient monuments

Schedule 19 contains provision for the disapplication or modification of controls relating to ancient monuments.

27Burial grounds

(1)Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise has effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

(2)Subsection (1) does not apply where the use of the land for that purpose would involve disturbing human remains which are buried in it, unless the remains and any monument to the deceased have been dealt with in accordance with Schedule 20.

(3)In this section and Schedule 20 "monument" includes a tombstone or other memorial; and references to a monument to a person are to a monument commemorating that person, whether alone or with any other person.

28Consecrated land

(1)No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.

(2)Subsection (1) does not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

29Commons and open spaces

No enactment regulating the use of commons, town or village greens, open spaces or allotments, and no enactment specially regulating any land of any of those kinds, prevents or restricts-

(a)the doing of anything for Phase One purposes on land held by the Secretary of State or the nominated undertaker for those purposes,

(b)the exercise of any right of entry under this Act (or the doing of anything pursuant to such a right of entry), or

(c)the doing of anything in exercise of any other power under this Act.

30Trees

(1)The enactments specified in subsection (2) do not apply to-

(a)tree works which are carried out in relation to a tree growing on land within the Act limits for the purposes of or in connection with the construction of the works authorised by this Act, or

(b)tree works which are carried out in relation to a tree growing on land used for Phase One purposes and are necessary-

(i)to enable works authorised by this Act to be maintained, or

(ii)for reasons of safety in connection with such works or the operation of Phase One of High Speed 2.

(2)The enactments referred to in subsection (1) are-

(a)an order under section 198(1) or 202(1) of the Town and Country Planning Act 1990 and regulations under section 202A(1) of that Act (tree preservation orders), and

(b)section 211(1) and (5) of that Act (preservation of trees in conservation areas).

(3)In this section, "tree works" means works consisting of the removal, topping or lopping of a tree or the cutting back of the roots of a tree.

31Overhead lines

(1)Section 37(1) of the Electricity Act 1989 (which requires the consent of the Secretary of State in relation to overhead lines) does not apply in relation to an electric line where-

(a)the line is installed above land within the Act limits, and

(b)the installation of the line-

(i)is a work authorised by this Act, and

(ii)has deemed planning permission under section 20(1).

(2)Where section 37(1) of the Electricity Act 1989 applies in relation to an electric line-

(a)the installation of which is a work authorised by this Act, or

(b)which is installed, or is to be installed, for the purposes of, in connection with or in consequence of the construction of any work authorised by this Act,

Schedule 8 to that Act (procedure for obtaining consent) has effect as if paragraph 2(2) (public inquiry to be held where planning authority object to consent application) were omitted.

(3)The installation of an electric line by a person other than the nominated undertaker is to be treated for the purposes of subsection (1)-

(a)as a work authorised by this Act, and

(b)as having deemed planning permission under section 20(1),

if, were it carried out by the nominated undertaker, it would be a work authorised by this Act and would have such permission.

(4)The installation of an electric line for the purposes of, in connection with or in consequence of the construction of any work authorised by this Act does not require consent under the Planning Act 2008 (development consent).

(5)In this section, "electric line" has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64 of that Act).

32Water

Schedule 21 contains provision about water abstraction and impounding and other matters related to water and drainage.

33Buildings

(1)Schedule 22 contains provision about the application of various provisions of the Building Act 1984 and building regulations.

(2)Schedule 23 contains provision about the application of the Party Wall etc Act 1996.

34Street works

Schedule 24 disapplies various controls relating to works in or near streets and highways.

35Traffic

Schedule 25 contains provision relating to traffic regulation.

36Lorries

Schedule 26 contains provision about the use of heavy commercial vehicles.

37Noise

Schedule 27 contains provision about-

(a)noise on construction sites, and

(b)noise which constitutes a statutory nuisance.

38Local Acts

Schedule 28 disapplies various controls under local Acts relating to London, Oxfordshire, Staffordshire and the West Midlands.

Railway matters

39Objectives of Office of Rail and Road

(1)The list of objectives in section 4(1) of the Railways Act 1993 (objectives of Office of Rail and Road and Secretary of State) is to be treated, in relation to the Office of Rail and Road only, as including the objective of facilitating the construction of Phase One of High Speed 2.

(2)The Office of Rail and Road must consult the Secretary of State about the discharge of its duty under section 4(1) of the Railways Act 1993 so far as relating to that objective.

(3)This section ceases to have effect on such day as the Secretary of State may specify by order.

(4)An order under subsection (3) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.

40Disapplication of licensing requirement in pre-operational phase

(1)Section 6(1) of the Railways Act 1993 (which prohibits any person from acting as the operator of a railway asset unless authorised by a licence under section 8 of that Act) does not apply in relation to-

(a)a railway asset, other than a train, which is constructed in exercise of the powers conferred under this Act but which is not yet ready for commercial use, or

(b)a train being used on a network where the network is a railway asset falling within paragraph (a).

(2)For the purposes of subsection (1), a railway asset is to be taken to be ready for commercial use only if the Secretary of State has laid before Parliament notice of his or her determination that it is ready for such use.

(3)The exemption granted by subsection (1) is an appropriate licence exemption for the purposes of section 122 of the Railways Act 1993 (which provides a defence to actions in nuisance etc to persons who hold a licence under section 8 of that Act or have an appropriate licence exemption).

(4)In this section "network", "railway asset" and "train" have the same meanings as in Part 1 of the Railways Act 1993.

41Disapplication of statutory closure provisions

(1)The Secretary of State may at any time before Phase One of High Speed 2 is ready for commercial use direct that the statutory closure provisions (so far as otherwise relevant) are not to apply to any discontinuance which the Secretary of State considers necessary or expedient because of-

(a)the carrying out or proposed carrying out of works authorised by this Act, or

(b)the proposed operation of Phase One of High Speed 2.

(2)In subsection (1) "statutory closure provisions" means the following provisions of the Railways Act 2005-

(3)For the purposes of this section, Phase One of High Speed 2 is to be taken to be ready for commercial use only if the Secretary of State has laid before Parliament notice of his or her determination that it is ready for such use.

42Other railway legislation etc

Schedule 29 contains provision about the application of railway legislation.

43Co-operation

(1)Where the nominated undertaker considers that a matter affects-

(a)the construction, maintenance or operation of Phase One of High Speed 2, and

(b)the construction, maintenance or operation of a railway asset, or other railway facility, which is not a Phase One asset or facility,

the nominated undertaker may by notice require a controller of the asset or facility to enter into an agreement with the nominated undertaker about how the matter is to be dealt with.

(2)Where a controller of a railway asset, or other railway facility, that is not a Phase One asset or facility considers that a matter affects-

(a)the construction, maintenance or operation of the asset or facility, and

(b)the construction, maintenance or operation of Phase One of High Speed 2,

the controller may by notice require the nominated undertaker to enter into an agreement with the controller about how the matter is to be dealt with.

(3)The terms of an agreement under subsection (1) or (2) are to be such as the nominated undertaker and the controller may agree or, in default of agreement, as may be determined by arbitration.

(4)Schedule 30 contains provision about arbitration under subsection (3) (which is in addition to the general provision about arbitration in section 64).

(5)For the purposes of this section, a railway asset or other railway facility is a "Phase One asset or facility" if-

(a)in the case of a railway asset consisting of any train being used on a network, the network is comprised in Phase One of High Speed 2, and

(b)in any other case, if the railway asset or other railway facility is used, or intended for use, for Phase One purposes.

(6)Subsections (1) and (2) do not apply in relation to-

(a)a matter which pursuant to any enactment must or may be dealt with by the Office of Rail and Road, or

(b)a matter relating to an agreement which pursuant to any provision of that or any other agreement must or may be dealt with by the Office of Rail and Road.

(7)In this section-

44Transfer of functions relating to works

(1)If for the purposes of this Act the Secretary of State acquires any land from a railway operator on which works authorised by any enactment are situated, the Secretary of State may by order provide for the transfer to the Secretary of State or the nominated undertaker of any power or duty which-

(a)was previously exercisable by the railway operator, and

(b)was conferred under an enactment.

(2)The Secretary of State may by order provide for the further transfer, to the Secretary of State or the nominated undertaker, of a power or duty transferred under subsection (1) or this subsection.

(3)If a railway operator acquires any land from the Secretary of State on which works authorised by this Act are situated, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Act relating to the works.

(4)An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(5)In subsections (1) and (3), references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.

(6)In this section "light maintenance depot", "network" and "station" have the same meanings as in Part 1 of the Railways Act 1993.

Nominated undertaker and other Phase One function-holders

45Nominated undertaker

(1)The Secretary of State may by order-

(a)appoint a person specified in the order as the nominated undertaker for such purposes of such provisions of this Act as may be so specified;

(b)provide that an appointment under paragraph (a) ceases to have effect in such circumstances as may be specified in the order.

(2)Where, in the case of any provision of this Act which refers to the nominated undertaker, there is any purpose of the provision for which no-one has been appointed as the nominated undertaker under subsection (1), any reference in the provision to the nominated undertaker is to be read, in relation to that purpose, as a reference to the Secretary of State.

(3)The Secretary of State may fetter the exercise of his or her discretion under subsection (1) by agreement with a person who is, or is proposed to be, specified in an order under that subsection.

(4)The Secretary of State may by order make such modifications of any provision of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) has effect, as appear to the Secretary of State to be necessary or expedient in consequence of the Secretary of State's having functions by virtue of that subsection.

(5)An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient.

(6)An order under this section must be made by statutory instrument.

(7)A statutory instrument containing an order under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

46Transfer schemes

(1)The Secretary of State may make schemes for the transfer of property, rights and liabilities-

(a)from High Speed Two (HS2) Limited, or

(b)from a body corporate which is a wholly-owned subsidiary of High Speed Two (HS2) Limited,

to any person, including the Secretary of State.

(2)In subsection (1), "wholly-owned subsidiary" has the meaning given by section 1159 of the Companies Act 2006.

(3)Schedule 31 contains further provision about schemes made under this section.

Statutory undertakers

47Extension of planning permission for statutory undertakers

Schedule 32 contains provision about certain works carried out by statutory undertakers, including provision extending the planning permission granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 for works covered by an environmental assessment.

48Protective provisions

Schedule 33 contains provision protecting the interests of certain persons who may be affected by other provisions of this Act.

Reinstatement and environmental works

49Compulsory acquisition of land for relocation

(1)If the whole or part of any undertaking is displaced, or is likely to be displaced, as a result of the exercise of any power under this Act, the Secretary of State may acquire land compulsorily-

(a)for the relocation of the undertaking, or

(b)in a case relating to part of an undertaking-

(i)for the relocation of the displaced part, or

(ii)for the purpose of providing land in substitution for the site of the displaced part.

(2)For the purposes of subsection (1), the whole or part of an undertaking is displaced if the site on which it has previously been carried on is no longer reasonably capable of being used for the purposes of the undertaking.

(3)The Acquisition of Land Act 1981 applies to the compulsory acquisition of land under this section.

(4)In relation to a compulsory acquisition under this section-

(a)section 234 of TCPA 1990 (disposal of land) and section 236 of that Act (extinguishment of rights) apply as they apply where land is acquired as mentioned in those sections,

(b)section 237 of TCPA 1990 (power to override easements etc) applies as it applies to land acquired or appropriated by a local authority for planning purposes, but as if in subsections (1) and (1A) for "in accordance with planning permission" there were substituted "for the purpose for which the land was acquired",

(c)sections 238, 239 and 241 of TCPA 1990 (use and development of consecrated land, burial grounds and open spaces) apply as if, in subsection (1)(a) of each of those sections, for "for any purpose for which he acquired the land" there were substituted ", or by any other person, for any purpose for which the land was acquired", and

(d)section 245 of TCPA 1990 (modified application of Acquisition of Land Act 1981 and Compulsory Purchase Act 1965) applies as it applies where land is proposed to be acquired as mentioned in that section.

(5)Sections 237, 238, 239 and 241 of TCPA 1990 also apply as mentioned in subsection (4)(b) and (c) where land is acquired by the Secretary of State, otherwise than under this section, for a purpose for which land may be acquired under this section.

(6)The power to acquire land compulsorily under this section includes power to acquire an easement or other right over land by creating a new easement or right.

(7)Section 13(2), (3) and (5) of, and Part 2 of Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1976 (application of compulsory purchase legislation) apply to a compulsory acquisition by virtue of subsection (6) as they apply to an acquisition of rights by virtue of section 13(1) of that Act.

(8)In this section-

50Power to carry out reinstatement works

(1)The nominated undertaker may, where the operation or use of the whole or part of an undertaking is discontinued or substantially impaired as a result of the exercise of any power under this Act, carry out reinstatement works within the Act limits.

(2)For the purposes of this section, "reinstatement works" means works for the purposes of or in connection with the reinstatement (whether on the same site or otherwise) of the whole or part of the undertaking in question.

(3)Where the power under subsection (1) is exercised for the purpose of carrying out temporary reinstatement works, it may be further exercised for the purpose of carrying out permanent reinstatement works.

(4)The Secretary of State may direct that section 20(1) (deemed planning permission for development authorised by this Act) does not apply in relation to particular reinstatement works.

(5)Where a direction under subsection (4) has effect in relation to reinstatement works, the Secretary of State may direct-

(a)that planning permission for the works is deemed to be granted under Part 3 of the Town and Country Planning Act 1990, subject to such conditions as may be specified in the direction (but see subsection (8));

(b)that, where the works have deemed planning permission under paragraph (a), subsection (1) is to be treated as also authorising them to be carried out by such person as may be specified in the direction.

(6)The provisions of the Town and Country Planning Act 1990 (other than section 92 and Part 12) apply in relation to deemed planning permission under subsection (5)(a) as if it had been granted by the Secretary of State on an application referred to the Secretary of State under section 77 of that Act.

(7)Section 21 (time limit on deemed planning permission) applies in relation to development authorised by subsection (5)(a) as it applies in relation to development consisting of the carrying out of a scheduled work.

(8)The power in subsection (5)(a) does not apply in relation to development which-

(a)is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

(b)is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(c)is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill.

(9)The Secretary of State must-

(a)publish any direction under subsection (5)(a) in such manner as the Secretary of State thinks appropriate, and

(b)give copies of any such direction to-

(i)the owners and occupiers of the land to which the deemed planning permission relates, and

(ii)the unitary authority or, in a non-unitary area, the district council in whose area the development to which the direction relates is or is to be carried out.

(10)But where-

(a)the unitary authority for the purposes of subsection (9)(b)(ii) is a London borough council, and

(b)as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for the area where the development to which the direction relates is or is to be carried out,

the Secretary of State must give a copy of the direction to the Mayoral development corporation instead of the London borough council.

(11)The Secretary of State may make regulations modifying the operation of this section-

(a)in consequence of an order under section 198(2) of the Localism Act 2011 giving effect to a decision under section 204(2) of that Act (decision removing or restricting planning functions), or

(b)to make transitional provision relating to-

(i)an order mentioned in paragraph (a),

(ii)a Localism Act TCPA order, or

(iii)an order under section 217 of the Localism Act 2011 (order dissolving Mayoral development corporation).

(12)Regulations under subsection (11)-

(a)must be made by statutory instrument;

(b)may make different provision for different purposes.

(13)A statutory instrument containing regulations under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament.

(14)Where reinstatement works are carried out by a person other than the nominated undertaker-

(a)section 10(1) of the Compulsory Purchase Act 1965 (compensation for injurious affection) has effect, in relation to land injuriously affected by the execution of the works, as if for "acquiring authority have" there were substituted "person carrying out the works has";

(b)section 6 of the Railways Clauses Consolidation Act 1845 (as applied by paragraph 4(1) of Schedule 29) has effect as if references to "the company" were to the person carrying out the works.

(15)Directions given under this section may revoke or vary previous directions under this section.

(16)In this section, "undertaking" includes a business or facility.

51Enforcement of environmental covenants

(1)This section applies where-

(a)a covenant relating to land is made between a person interested in the land (the "promisor") and the Secretary of State,

(b)the covenant imposes on the promisor-

(i)an obligation (which may be an obligation to make payments) relating to the carrying out, maintenance, protection or enhancement of relevant environmental works in respect of the land, or

(ii)a prohibition of or restriction on the use of the land, for the purposes of the maintenance, protection or enhancement of relevant environmental works which have been carried out in respect of the land, and

(c)the covenant is made by an agreement (whether entered into before or after the day on which this Act is passed) which satisfies the requirements mentioned in subsection (6).

(2)In this section-

(3)The Secretary of State or an authorised person may enforce-

(a)a qualifying provision of an environmental covenant, and

(b)any ancillary obligation, prohibition or restriction imposed by the covenant on the promisor,

against the promisor or persons deriving title from or under the promisor in respect of land (including Crown land) to which the covenant relates.

(4)In subsection (3), "authorised person" means a person authorised by the Secretary of State (whether generally or in specified circumstances) to exercise the power under that subsection.

(5)The reference in subsection (3)(b) to an ancillary obligation, prohibition or restriction imposed by an environmental covenant is a reference to an obligation, prohibition or restriction (other than one within subsection (1)(b)) which-

(a)relates to land or relevant environmental works to which the covenant relates, and

(b)is imposed-

(i)to enable works authorised by this Act or relevant environmental works to be maintained, or

(ii)for reasons of safety in connection with such works or the operation of Phase One of High Speed 2.

(6)The agreement by which an environmental covenant is made must-

(a)describe the qualifying provision or provisions of the covenant and the relevant environmental works to which the covenant relates,

(b)identify the land to which the covenant relates, and

(c)be entered into by an instrument executed as a deed.

(7)Where, in the case of an environmental covenant, the Secretary of State authorises a person for the purposes of subsection (3), the Secretary of State must give notice of that to the person or persons against whom a qualifying provision of the covenant is enforceable at the time of the authorisation.

(8)An environmental covenant is a local land charge.

(9)Subsection (10) applies in the case of a breach of a qualifying provision of an environmental covenant by a person against whom the provision is enforceable.

(10)A court may award exemplary damages against the person if the court thinks it appropriate to do so in the circumstances.

(11)Exemplary damages may be awarded under subsection (10) whether or not another remedy is granted.

Further high speed rail works

52Works in Scotland for Phase One purposes

(1)The Scottish Ministers may make an order relating to the carrying out of works in Scotland for Phase One purposes.

(2)The following provisions apply in relation to an order under this section as to an order under section 1 of the Transport and Works (Scotland) Act 2007 (asp 8)-

(a)section 2 of, and schedule 1 to, that Act (which contain provision about the subject-matter of orders under section 1 of that Act);

(b)sections 3 to 10, 11(1), (2) and (4) to (7), 12 to 14, 16 to 21, 23 and 28 of that Act (which contain further provision relating to orders under section 1 of that Act);

(c)rules and regulations under that Act;

(d)orders under section 12(18) or 18(1) of that Act;

(e)section 57(2A) of, and paragraph 16 of Schedule 14 to, the Town and Country Planning (Scotland) Act 1997 (which contain provision relating to deemed planning permission and blighted land).

(3)References to provisions in subsections (2)(a) to (e) include those provisions as amended at any time by an Act of the Scottish Parliament or an instrument made under such an Act.

(4)The power conferred by section 2(3)(a) of the Transport and Works (Scotland) Act 2007, as applied by subsection (2), is exercisable in relation to enactments relating to reserved matters without the restrictions imposed by section 29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998.

(5)In subsection (4), "reserved matters" means matters which are reserved matters for the purposes of the Scotland Act 1998.

(6)In this Act, references to works authorised by this Act do not include works authorised by an order under this section.

53Power to apply Act to further high speed rail works

(1)A Transport and Works Act order which relates to a relevant Phase One matter may apply any provision of this Act, with or without modification, to anything authorised by the order, so far as relating to that matter.

(2)The following are "relevant Phase One matters"-

(a)a power exercisable or to be exercisable in connection with the works authorised by this Act,

(b)an extension of Phase One of High Speed 2, and

(c)any other works carried out or to be carried out for Phase One purposes.

(3)A Transport and Works Act order which relates to an extension or works referred to in subsection (2)(b) and (c) may also provide for any provision of this Act to have effect as if Phase One of High Speed 2 included the extension or works.

(4)Section 13(2) of the Transport and Works Act 1992 (power of Secretary of State to refuse application on ground that objects of order sought could be achieved by other means) does not apply where, for purposes relating to the diversion of apparatus belonging to a utility undertaker, an application is made under section 6 of that Act for a Transport and Works Act order in relation to a relevant Phase One matter.

(5)Subsection (1) does not confer power to apply any of the following-

(6)In this section, "Transport and Works Act order" means an order under section 1 of the Transport and Works Act 1992.

54Rights of entry for further high speed rail works

(1)An authorised person may, in connection with a Bill or proposed Bill to authorise works for a high speed railway line in Great Britain, enter any land within 500 metres of the proposed route of the line for the purpose of-

(a)surveying the land, or

(b)facilitating compliance with EU environmental protection legislation.

(2)A person is authorised for the purposes of subsection (1)-

(a)in the case of residential land, if the person is authorised by a warrant issued by a justice of the peace (for residential land in England and Wales) or justice of the peace or sheriff (for residential land in Scotland);

(b)in the case of any other land, if the person is authorised in writing by the Secretary of State.

(3)A person may only issue a warrant or give authorisation under subsection (2) if it appears to the person that-

(a)entry to the land for the purpose proposed is genuinely needed for purposes relating to the construction of the high speed railway line, and

(b)all reasonable attempts have been made to obtain consent to enter the land.

(4)The reference in subsection (1) to a proposed Bill is to a Bill proposed in a Command Paper which the Secretary of State has presented to Parliament at any time in the previous five years.

(5)A right to enter land under subsection (1) includes power-

(a)to take samples of anything in or on the land for the purpose for which the right of entry is exercised,

(b)to take on to the land such other persons as may be necessary, and

(c)to take vehicles and equipment on to the land.

(6)A right to enter land under subsection (1)(a) also includes power-

(a)to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it (subject to section 55), and

(b)to place on, leave on and remove apparatus from the land.

(7)In this section-

(8)The reference in subsection (1) to a high speed railway line in Great Britain does not include one which starts, ends and remains in Scotland.

(9)For the purposes of subsection (1), distance is to be measured from the centre line of the proposed route.

(10)The Secretary of State may by order made by statutory instrument-

(a)amend subsection (1) so as to substitute a different distance for the distance specified in it;

(b)provide, in relation to any class of case, that subsection (1) is to have effect as if a different distance were specified in it.

(11)A statutory instrument containing an order under subsection (10)(a) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12)If a draft of an instrument containing an order under subsection (10)(a) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

(13)A statutory instrument containing only an order under subsection (10)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

55Exercise of rights of entry

(1)A warrant or other authorisation under section 54 is valid for a period of six weeks beginning with the day on which it is issued or given.

(2)A right of entry under section 54(1) is exercisable at any reasonable time.

(3)A person authorised under section 54 to enter any land-

(a)must, if so required, produce evidence of the person's warrant or other authorisation, and state the purpose of entry, before entering,

(b)may not demand admission as of right to any land which is occupied unless 14 days' notice of the intended entry has been given to the occupier, and

(c)must comply with any other conditions subject to which the warrant or other authorisation is given.

(4)A person who wilfully obstructs another in the exercise of the power under section 54(1) commits an offence; and a person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Where any damage is caused to land or other property-

(a)in the exercise of a right of entry conferred by section 54(1), or

(b)in the carrying out of a survey for the purposes of which any such right of entry has been conferred,

compensation may be recovered by any person suffering the damage from the person exercising the right of entry.

(6)Any dispute as to a person's entitlement to compensation under subsection (5), or as to the amount of compensation, must be determined-

(a)in England and Wales, under and in accordance with Part 1 of the Land Compensation Act 1961;

(b)in Scotland, by the Lands Tribunal for Scotland (and sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply).

(7)No person may carry out works referred to in section 54(6)(a) (searching and boring) unless notice of the person's intention to do so was included in the notice required by subsection (3)(b).

(8)The authority of the appropriate minister is required for the carrying out of works referred to in section 54(6)(a) if-

(a)the land in question is held by statutory undertakers, and

(b)they object to the proposed works on the ground that carrying them out would be seriously detrimental to the carrying on of their undertaking.

(9)In this section-

Grants

56Grants for affected communities and businesses etc

(1)The Secretary of State may pay grants to contribute to the funding of activities or projects that are intended-

(a)to benefit communities that are, or are likely to be, disrupted by the carrying out of relevant high speed railway works,

(b)to benefit the environment in any area that is, or is likely to be, affected by the carrying out of such works, or

(c)to support businesses and other economic activities in areas that are, or are likely to be, disrupted by the carrying out of such works.

(2)"Relevant high speed railway works" means-

(a)the works authorised by this Act, and

(b)works in connection with a Bill or proposed Bill to authorise works for a high speed railway line connecting with Phase One of High Speed 2.

(3)The reference in subsection (2)(b) to a proposed Bill is to a Bill proposed in a Command Paper which the Secretary of State has presented to Parliament.

(4)The Secretary of State may determine the amount and the manner of payment of grants under this section.

(5)Grants under this section may be subject to conditions determined by the Secretary of State, such as-

(a)conditions as to the use of the grant;

(b)conditions as to the circumstances in which the whole or part of the grant must be repaid.

(6)The Secretary of State may delegate his or her functions under subsections (4) and (5) to another person.

The Crown

57Application of powers to Crown land

(1)The powers conferred on the nominated undertaker under this Act may be exercised in relation to Crown land with the consent of the Crown authority.

(2)The power conferred under section 54 (rights of entry for further high speed rail works) may be exercised in relation to Crown land with the consent of the Crown authority.

(3)The Crown authority may give consent under this section-

(a)subject to conditions, and

(b)notwithstanding anything in any lease or other grant granted by or to that authority.

(4)In this Act, "Crown land" means land in which there is-

(a)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(b)an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder,

(c)an interest belonging to Her Majesty in right of the Crown, or

(d)an interest belonging to Her Majesty in right of the Duchy of Lancaster.

(5)In this Act, "Crown authority", in relation to any Crown land, means-

(a)in a subsection (4)(a) case, the government department in question;

(b)in a subsection (4)(b) case, the Scottish Ministers;

(c)in a subsection (4)(c) case-

(i)if the land forms part of the Crown Estate, the Crown Estate Commissioners, and

(ii)in any other case, the government department having management of the land;

(d)in a subsection (4)(d) case, the Chancellor of the Duchy of Lancaster.

(6)If for the purposes of this section a question arises as to which authority is the Crown authority for any land-

(a)the question is to be decided by the Treasury, and

(b)the Treasury's decision is final.

(7)In subsection (4)(b) "office-holder in the Scottish Administration" has the meaning given by section 126(7) of the Scotland Act 1998.

58Highways for which Secretary of State is highway authority

(1)The powers conferred on the nominated undertaker under this Act with respect to works may be exercised in relation to a highway for which the Secretary of State is the highway authority with the Secretary of State's consent.

(2)The Secretary of State may give consent subject to conditions.

59Crown Estate

Section 3(1) and (2) of the Crown Estate Act 1961 (limitations on Crown Estate Commissioners' powers of disposal in relation to land under their management) do not apply in relation to land within the Act limits which appears to the Crown Estate Commissioners to be required for Phase One purposes.

60Royal parks

(1)The Secretary of State may grant a lease of royal park land within the Act limits if it appears to the Secretary of State that the land is required for Phase One purposes.

(2)A lease may be granted under subsection (1) for such period, for such consideration (if any) and otherwise on such terms as the Secretary of State thinks fit.

(3)The Secretary of State may grant an easement or other right over royal park land within the Act limits if it appears to the Secretary of State that the easement or right is required for Phase One purposes.

(4)An easement or other right may be granted under subsection (3)-

(a)in fee simple or for such period as the Secretary of State thinks fit, and

(b)for such consideration (if any) and otherwise on such terms as the Secretary of State thinks fit.

(5)In this section "royal park land" means land subject to management under section 22 of the Crown Lands Act 1851 (royal parks etc).

Deposited plans and sections

61"Deposited plans" and "deposited sections"

(1)In this Act "deposited plans" and "deposited sections" mean, respectively, the plans and sections deposited in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

(2)The plans and sections referred to in subsection (1) are-

(a)those deposited in November 2013, but excluding sheets 1-38 to 1-40, 2-23, 2-62, 3-66 to 3-68, 3-70, 3-71, 3-73, 4-42 to 4-49, 4-51 to 4-53, 6-62, 6-63 and 7-101 and as altered by-

(i)replacement sheets 2-30, 2-32, 2-42, 2-48, 2-70, 2-72, 2-94, 2-102, 3-009, 3-53 3-58, 3-107, 3-108, 3-110, 5-53, 5-54, 5-65 and 5-94 deposited in September 2014,

(ii)replacement sheets 1-24, 1-46, 1-47, 2-03, 2-28, 2-29, 2-34, 2-36, 2-38, 2-50, 2-54, 2-55, 2-60, 2-63 to 2-66, 2-68, 2-69, 2-74, 2-75, 2-77, 2-79, 2-81, 2-82, 2-89, 2-95, 2-116, 3-001, 3-002, 3-004, 3-005, 3-12, 3-14 to 3-16, 3-18 to 3-21, 3-23, 3-28, 3-40 to 3-49, 3-51, 3-52, 3-57, 3-63 to 3-65, 3-69, 3-72, 3-74, 3-76, 3-82, 3-84, 3-90, 3-91, 3-112, 3-113, 4-64, 5-89, 5-90, 5-100, 5-109, 5-110, 5-112, 6-27 to 6-33, 6-55, 6-57 to 6-59, 6-70, 6-71, 6-79, 6-80, 6-85, 6-87, 6-91, 6-94 to 6-98, 6-99, 6-004, 6-009, 6-010, 7-02, 7-07 and 7-08 deposited in July 2015,

(iii)replacement sheets 1-01, 1-02, 1-05, 1-06, 1-09, 4-01, 4-04 to 4-06 and 4-08A deposited in September 2015,

(iv)replacement sheets 1-11, 1-14 to 1-16, 1-20, 1-21, 1-25, 1-26, 1-34, 1-35, 1-41, 1-42, 1-45, 1-48 to 1-50, 2-02, 2-08, 2-09, 2-10, 2-12, 2-16, 2-18, 2-22, 2-24 to 2-27, 2-33, 2-39 to 2-41, 2-46, 2-47, 2-56 to 2-58, 2-61, 2-83 to 2-88, 2-90, 2-92, 2-96 to 2-101, 2-103 to 2-105, 2-107 to 2-115, 3-003, 3-007, 3-22, 3-24 to 3-27, 3-29 to 3-32, 3-33 to 3-38, 3-56, 3-60, 3-75, 3-77, 3-80, 3-81, 3-101 to 3-103, 3-111, 3-114, 3-115, 3-116, 4-12, 4-17, 4-34, 4-55, 5-11, 5-12, 5-37, 5-56, 5-78, 5-91, 5-97, 5-99, 5-101, 5-104, 5-106 to 5-108, 5-111, 6-23, 6-49, 6-74, 6-75, 6-76, 6-106, 7-01, 7-05, 7-06, 7-204 and 7-213 deposited in October 2015, and

(v)replacement sheets 1-36, 2-01, 2-04, 2-05, 2-37, 2-52, 2-80, 3-008, 3-54, 3-55, 3-61, 3-62, 3-79, 4-79, 6-88 and 6-93, deposited in December 2015,

(b)sheets 5-113 and 5-114 deposited in September 2014,

(c)sheets 2-55A, 2-85A, 3-56B, 4-83, 4-84, 5-115 to 5-118, 8-01, 6-98A, 6-010A, 8-101 to 8-103, and 7-212 deposited in July 2015,

(d)sheets 3-32A, 3-115A, 4-85, 5-119, 5-120, 6-74A, 6-74B, 6-74C and replacement sheet 8-02 deposited in October 2015, and

(e)sheets 2-48A and 3-61A deposited in December 2015.

(3)A copy of the deposited plans or deposited sections, or any extract from those plans or sections, certified as such by the Secretary of State is admissible in any proceedings as evidence of its contents.

62Correction of deposited plans

(1)If the deposited plans or the book of reference to those plans are inaccurate-

(a)in their description of any land, or

(b)in their statement or description of the ownership or occupation of any land,

the Secretary of State, after giving not less than 10 days' notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

(2)If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices-

(a)must certify accordingly, and

(b)must in their certificate state in what respect a matter is misstated or wrongly described.

(3)A certificate under subsection (2) must be deposited in the office of the Clerk of the Parliaments, and a copy of it must be deposited-

(a)in the Private Bill Office of the House of Commons, and

(b)with the proper officer of each local authority in whose area the land to which the certificate relates is situated.

(4)Upon deposit of the certificate-

(a)the deposited plans or the book of reference are deemed to be corrected according to the certificate, and

(b)it is lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.

(5)A copy certificate deposited under subsection (3) must be kept with the documents to which it relates.

(6)A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if the justice may act in respect of land in either area.

(7)In this section-

Miscellaneous and general

63Environmental Impact Assessment Regulations

(1)The Environmental Impact Assessment Regulations have effect as if the definition of "EIA development" in regulation 2(1) included any development not included in paragraph (a) or (b) of the definition where-

(a)the development consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act,

(b)the development does not have deemed planning permission under section 20(1),

(c)the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(d)the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(2)The condition in subsection (1)(d) does not apply where the building referred to in subsection (1)(a) is-

(a)22 Melton Street (Grant Thornton House), or

(b)40 Melton Street (One Euston Square),

in the London Borough of Camden.

(3)In regulation 8 of the Environmental Impact Assessment Regulations (subsequent applications where environmental information previously provided), in paragraph (1)(b)(ii), after "Crossrail Act 2008" insert "or section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017".

64Arbitration

(1)Where under this Act any difference is to be referred to arbitration, the difference is to be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice to the other, by the President of the Institution of Civil Engineers.

(2)Subsection (3) applies where-

(a)a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and

(b)the President notifies either of the parties that he or she is not going to appoint an arbitrator under subsection (1).

(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice to the other, by the Office of Rail and Road.

(4)The Office of Rail and Road may under subsection (3) appoint a member or employee of that Office as the arbitrator.

(5)The Secretary of State for Communities and Local Government and the Secretary of State for Transport acting jointly may by rules make provision about procedure in relation to arbitration under this Act.

(6)Rules under subsection (5) must be made by statutory instrument; and a statutory instrument containing such rules is subject to annulment in pursuance of a resolution of either House of Parliament.

65Notices and other documents

(1)A notice or other document required or authorised to be given to a person for the purposes of this Act may be given by-

(a)transmitting the text of the notice or document to the person by agreed electronic means (for example, by email to an agreed address),

(b)delivering it to the person or sending it by post to the person at the person's last known address,

(c)if the person is a body corporate, delivering it to the secretary of the body corporate or sending it by post to the secretary of the body corporate at its registered or principal office within the United Kingdom, or

(d)if the person is a partnership, delivering it to a partner of the partnership or a person having control or management of the partnership business, or sending it by post to such a partner or person at the principal office of the partnership.

(2)For the purposes of subsection (1), any person to whom a notice or other document is to be given may specify a different address within the United Kingdom as the one to which the notice or document must be sent.

(3)Where a notice or document is given to a person in accordance with subsection (1)(a) and, within 7 days of receiving it, the person requests a copy of the notice or document in printed form, the sender must provide such a copy as soon as reasonably practicable.

(4)Subsection (1)(a) does not apply to the giving of a notice under section 55(3)(b).

(5)Subsection (6) applies where-

(a)a document is required or authorised to be given to a person for the purposes of this Act as the owner of an interest in, or occupier of, any land, and

(b)the person's name or address cannot be ascertained after reasonable enquiry.

(6)The document may be given to the person by addressing it to the person by name or by the description of "owner" or "occupier" (as the case may be) of the land and-

(a)leaving it with a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to some building or object on or near the land.

(7)Any notice given for the purposes of this Act must be in writing.

(8)In this section-

66Vocational qualifications

(1)The Secretary of State must prepare a report on vocational qualifications obtained in each financial year in connection with HS2 construction.

(2)Each such report must contain an account of vocational qualifications gained by individuals employed in constructing the network referred to in section 1(1), in preparing for such construction, and in connected and ancillary activities, broken down by type of qualification and activity.

(3)Each such report must contain an overall assessment of the costs of vocational training for relevant qualifications and by whom such costs were incurred.

(4)In this section, "financial year" means-

(a)the period beginning with the day on which this Act is passed and ending with 31 March 2018;

(b)each subsequent period of 12 months.

(5)The Secretary of State must lay each report under this section before Parliament as soon as is reasonably practicable after the end of the financial year to which it relates.

Interpretation

67"Phase One purposes"

References in this Act to anything being done or required for "Phase One purposes" are to the thing being done or required-

(a)for the purposes of or in connection with the works authorised by this Act,

(b)for the purposes of or in connection with trains all or part of whose journey is on Phase One of High Speed 2, or

(c)otherwise for the purposes of or in connection with Phase One of High Speed 2 or any high speed railway transport system of which Phase One of High Speed 2 forms or is to form part.

68Interpretation

(1)In this Act-

(2)For the purposes of this Act, land or any other thing is within the Act limits if it is-

(a)within the limits of deviation for the scheduled works, or

(b)within the limits of land to be acquired or used,

and references to the doing of anything within the Act limits are to be construed accordingly.

(3)References in this Act to land or a building held by the nominated undertaker include references to land or a building in the nominated undertaker's temporary possession.

(4)For the purposes of this Act, development is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill if it is development in relation to which information contained in a deposited statement constituted, at the time of the statement's deposit or publication, an environmental statement within the meaning of the Environmental Impact Assessment Regulations.

(5)Each of the following is a "deposited statement" for the purposes of this Act-

(a)the statement deposited in connection with the High Speed Rail (London – West Midlands) Bill in the Private Bill Office of the House of Commons in November 2013 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

(b)the statements containing additional environmental information published in connection with the High Speed Rail (London - West Midlands) Bill, notice of the publication of which was published in the London Gazette on 17 September 2014, 15 July 2015, 24 September 2015, 15 October 2015 and 7 December 2015.

(6)In this Act-

(a)a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans;

(b)a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter);

(c)a reference to a sheet identified by numbers is a reference to the sheet of those numbers contained in the deposited plans;

(d)a reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, is to be read as if qualified by the words "or thereabouts";

(e)a reference to distance, in relation to points on a road or railway, is to distance measured along the centre line of the road or railway.

(7)For the purposes of this Act, the level of the surface of land is to be taken-

(a)in the case of land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b)in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Final

69Financial provision

There is to be paid out of money provided by Parliament-

(a)any expenditure incurred by the Secretary of State in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

70Commencement and short title

(1)This Act comes into force on the day on which it is passed (subject to subsection (2)).

(2)Section 11 and Schedule 14 (amendments to this Act consequential on the Housing and Planning Act 2016) come into force on such day or days as the Secretary of State may appoint by regulations made by statutory instrument.

(3)Regulations under subsection (2)-

(a)may include consequential, supplementary, incidental, transitional or saving provision;

(b)may make different provision for different purposes.

(4)This Act may be cited as the High Speed Rail (London - West Midlands) Act 2017.

SCHEDULES

Section 1(1)

SCHEDULE 1Scheduled works

Construction requirements

1(1)The scheduled works must be constructed-

(a)in the lines or situations shown on the deposited plans,

(b)in accordance with the levels shown on the deposited sections, and

(c)in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown.

This is subject to sub-paragraph (2).

(2)In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate-

(a)laterally to any extent from the lines or situations shown on the deposited plans, within the limits of deviation so shown,

(b)vertically downwards to any extent from the level shown for that work on the deposited sections, and

(c)vertically upwards to any extent not exceeding 3 metres from the level shown for that work on the deposited sections, but doing so in a case mentioned in sub-paragraph (1)(c) does not increase the limit referred to in that sub-paragraph.

Description of scheduled works

Section 2(4)

SCHEDULE 2Works

Part 1Further and supplementary provisions

Authority to survey and investigate land etc

1(1)The nominated undertaker may for the purposes of this Act-

(a)survey or investigate land which is within the Act limits or which may be affected by the works authorised by this Act;

(b)take steps to protect or remove any flora or fauna on land which may be affected by the carrying out of the works authorised by this Act.

(2)The power in sub-paragraph (1)(a) includes power to-

(a)make trial holes in such positions as the nominated undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil;

(b)carry out ecological or archaeological investigations on the land;

(c)take samples of anything in or on the land.

(3)Sub-paragraph (2)(a) does not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority; but such consent must not be unreasonably withheld.

(4)Any dispute as to the giving of consent under sub-paragraph (3) must be referred to arbitration if the parties so agree; but must otherwise be determined by the Secretary of State.

(5)In connection with the exercise of the powers in sub-paragraph (1) the nominated undertaker may-

(a)place or leave apparatus for use in connection with those powers on, and remove such apparatus from, land within the Act limits or land which may be affected by the works authorised by this Act;

(b)enter on land within the Act limits or land which may be affected by the works authorised by this Act,

and the land referred to in paragraphs (a) and (b) need not be the same as the land in relation to which the powers in sub-paragraph (1) are being or are to be exercised.

(6)No land may be entered, or apparatus placed or left on or removed from land, under this paragraph unless at least 7 days' notice has been given to every owner and occupier of the land.

Support of buildings

2(1)The nominated undertaker may support or strengthen a building within the relevant distance of any of the works authorised by this Act if-

(a)it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of the work, for the building to be supported or strengthened, and

(b)the nominated undertaker gives at least 8 weeks' notice to the owners and occupiers of the building of its intention to support or strengthen it.

(2)If, within 21 days of the giving of a notice under sub-paragraph (1)(b), the person to whom the notice has been given gives to the nominated undertaker notice disputing that the condition in sub-paragraph (1)(a) is met, the dispute must be referred to arbitration.

(3)If-

(a)under sub-paragraph (2) the arbitrator decides that the condition in sub-paragraph (1)(a) is met, and

(b)one of the parties to the dispute so requires,

the arbitrator must prescribe how the supporting or strengthening is to be carried out.

(4)Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(5)In case of emergency, the power under sub-paragraph (1) or (4) is exercisable without notice.

(6)For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey-

(a)any building within the relevant distance of any of the works authorised by this Act, or

(b)any land adjacent to such a building (but not any building on any such land).

(7)The nominated undertaker may, in connection with the exercise of the power under this paragraph to support or strengthen a building, place and leave (temporarily or permanently) any equipment or material in, next to or under the building or on or under land in the vicinity of the building.

3(1)The nominated undertaker may, at any time within the permitted period, further support or strengthen a building which has been supported or strengthened under paragraph 2 if-

(a)it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of any of the works authorised by this Act, for the building to be further supported or strengthened, and

(b)the nominated undertaker gives at least 8 weeks' notice to the owners and occupiers of the building of its intention further to support or strengthen it.

(2)In sub-paragraph (1), "the permitted period" is the period beginning with the completion of the supporting or strengthening under paragraph 2 and ending 5 years after the date on which the work which necessitated the supporting or strengthening was brought into general use.

(3)If, within 21 days of the giving of a notice under sub-paragraph (1)(b), the person to whom the notice has been given gives to the nominated undertaker notice disputing that the condition in sub-paragraph (1)(a) is met, the dispute must be referred to arbitration.

(4)If-

(a)under sub-paragraph (3), the arbitrator decides that the condition in sub-paragraph (1)(a) is met, and

(b)one of the parties to the dispute so requires,

the arbitrator must prescribe how the supporting or strengthening is to be carried out.

(5)Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(6)In case of emergency, the power under sub-paragraph (1) or (5) is exercisable without notice.

(7)For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey-

(a)any building which has been supported or strengthened under paragraph 2, or

(b)any land adjacent to such a building (but not any building on any such land).

(8)Paragraph 2(7) (power to place and leave equipment or material) applies for the purposes of this paragraph.

4(1)The nominated undertaker may, for a purpose mentioned in sub-paragraph (2), affix movement-measuring apparatus to a building within the relevant distance of any of the works authorised by this Act on giving at least 8 weeks' notice to the owners and occupiers of the building of its intention to do so.

(2)The purposes referred to in sub-paragraph (1) are-

(a)determining the extent of any movement in the building;

(b)determining the effectiveness of support or strengthening work in respect of the building under paragraph 2 or 3.

(3)In a case where movement-measuring apparatus is to be affixed inside a building, the notice under sub-paragraph (1) must state that fact.

(4)If, within 21 days of the giving of the notice under sub-paragraph (1), the person to whom the notice has been given gives to the nominated undertaker notice objecting to the affixing of movement-measuring apparatus (generally or in relation to how or where it is affixed), the question must be referred to arbitration.

(5)Where, under sub-paragraph (4), the arbitrator decides that movement-measuring apparatus may be affixed to the building, the arbitrator must, if the nominated undertaker or the person who made the objection so requires, prescribe how or where the affixing of the apparatus is to be carried out.

(6)Where the affixing of movement-measuring apparatus under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the affixing.

(7)The nominated undertaker may-

(a)maintain, repair or alter the position of movement-measuring apparatus affixed under sub-paragraph (1);

(b)take readings or data from any such apparatus.

(8)In case of emergency, the power under sub-paragraph (1) or (6) is exercisable without notice.

(9)For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey-

(a)any building within the relevant distance of any of the works authorised by this Act, or

(b)any land adjacent to such a building (but not any building on any such land).

(10)In this paragraph, "movement-measuring apparatus" means apparatus for use in measuring any movement in a building or the ground on which a building is erected.

5(1)Paragraphs 2 to 4 apply in relation to-

(a)any apparatus belonging to a utility undertaker, and

(b)a relevant pipe-line belonging to a person other than a utility undertaker,

as they apply in relation to a building, subject to the modifications specified in sub-paragraph (2).

(2)Those modifications are that-

(a)references to the owners and occupiers of a building are to be read as references to the owner of the apparatus or pipe-line;

(b)references to land adjacent to a building are to be read, in the case of apparatus or a pipe-line situated below the surface of the ground, as including land above the site of the apparatus or pipe-line;

(c)paragraph 2(7) applies as if the reference to placing or leaving equipment or material in, next to or under the building or on or under land in the vicinity of the building were to placing and leaving equipment or material on any land above, next to or below the site of the apparatus or pipe-line, or on or under land in the vicinity of that site.

(3)In this paragraph, "relevant pipe-line" means-

(a)a cross-country pipe-line (within the meaning of the Pipe-lines Act 1962), and

(b)a local pipe-line (within the meaning of that Act) in relation to the construction of which a direction under section 6 of that Act has or had effect.

6(1)This paragraph has effect for the purposes of paragraphs 2 to 5.

(2)"Building" includes any structure.

(3)"Relevant distance", in relation to any work, means-

(a)100 metres in any of the following cases-

(i)where the work is comprised in so much of Works Nos. 1/1 or 1/15 as lies between their commencement and the point where they pass beneath Parkway in the London Borough of Camden;

(ii)where the work is comprised in so much of Works Nos. 1/1 or 1/15 as lies between the points where they pass beneath Victoria Road and Chase Road in the London Borough of Camden;

(iii)where the work is comprised in Work No. 1/16;

(iv)where the work relates to the making of a shaft;

(b)50 metres in any other case.

(4)A building (or, in the case of paragraph 5, apparatus or pipe-line) is within the "relevant distance" of a work if all or part of it is within that distance.

(5)In the case of a work under the surface of the ground, a reference to a building (or, in the case of paragraph 5, apparatus or pipe-line) within the relevant distance of that work includes a reference to a building (or apparatus or pipe-line) all or part of which is within the relevant distance of any point on the surface below which the work is situated.

Trees on neighbouring land

7(1)This paragraph applies where-

(a)a tree overhangs land used for Phase One purposes, or

(b)the roots of a tree encroach on such land.

(2)The nominated undertaker may by notice to the occupier of the land on which the tree is growing (a "tree works notice") require the tree to be removed, topped or lopped, or its roots to be cut back, if it is necessary for that to be done-

(a)to enable works authorised by this Act to be constructed or maintained, or

(b)for reasons of safety in connection with such works or the operation of Phase One of High Speed 2.

(3)The person to whom a tree works notice is given may object to the notice by giving the nominated undertaker a counter-notice to that effect before the end of 28 days beginning with the day on which the tree works notice is given.

(4)If a counter-notice is given, the tree works notice has no effect unless confirmed by an order of the county court.

(5)The nominated undertaker may carry out the works required by a tree works notice if the notice has been in effect for a continuous period of at least 28 days and has not been complied with.

(6)Where the power under sub-paragraph (5) is exercisable, the nominated undertaker may, after giving 7 days' notice to the occupier of the land on which the tree concerned is growing, enter the land for the purpose of exercising the power in relation to it.

(7)If the nominated undertaker tops or lops a tree, or cuts back the roots of a tree, in exercise of the power under sub-paragraph (5), it must do so-

(a)in accordance with good arboricultural practice, and

(b)in such a way as to cause the minimum of damage to the tree.

(8)The following do not apply to works required by a tree works notice-

(a)an order under section 198(1) or 202(1) of the Town and Country Planning Act 1990 and regulations under section 202A(1) of that Act (tree preservation orders);

(b)section 211(1) and (5) of that Act (preservation of trees in conservation areas).

Discharge of water

8(1)The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water for the purposes of or in connection with the construction or maintenance of the works authorised by this Act and for that purpose-

(a)may lay down, take up and alter pipes, and

(b)on any land within the Act limits, may make connections with the watercourse, sewer or drain.

(2)The nominated undertaker must not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(3)The nominated undertaker must not make any opening into any public sewer or drain except-

(a)in accordance with plans approved by the person to whom the sewer or drain belongs, such approval not to be unreasonably withheld; and

(b)where that person has been given the opportunity to supervise the making of the opening.

(4)The nominated undertaker must not, in the exercise of the powers under this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.

(5)The nominated undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers under this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(6)Nothing in this paragraph overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).

(7)Any dispute as to the giving of consent under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(8)In this paragraph-

(a)"public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, the Homes and Communities Agency, an internal drainage board, a local authority, a joint planning board, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964;

(b)"watercourse" includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain;

(c)other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.

Temporary interference with waterways

9(1)The powers under this paragraph are exercisable in relation to the following waterways for the purposes of or in connection with the works authorised by this Act-

(2)The nominated undertaker may-

(a)temporarily interfere with a waterway mentioned in sub-paragraph (1) at any point within the Act limits, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient;

(b)temporarily moor or anchor barges or other vessels or craft in a waterway mentioned in sub-paragraph (1);

(c)temporarily close a waterway mentioned in sub-paragraph (1), or a part of such a waterway, to navigation.

(3)The power under sub-paragraph (2)(c) must be exercised in a way which secures-

(a)that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

(b)that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(4)The nominated undertaker is not liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any interference in accordance with this paragraph with a public right of navigation.

(5)The nominated undertaker must compensate any person who suffers loss as a result of any interference in accordance with this paragraph with a private right of navigation.

(6)Any dispute as to a person's entitlement to compensation under sub-paragraph (5), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

Electronic communications apparatus

10(1)The nominated undertaker may, in installing any electronic communications apparatus in exercise of the powers conferred by this Act-

(a)provide additional capacity for electronic communications apparatus belonging to any other person;

(b)construct any extension or other alteration of electronic communications apparatus in connection with providing such additional capacity.

(2)In sub-paragraph (1), "electronic communications apparatus"-

(a)has the meaning given by paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984, but

(b)excludes any radio mast.

Level crossings

11(1)The nominated undertaker may construct Work No 2/39 so as to carry the railway comprised in that work on the level across the following footpaths-

AreaFootpath to be crossed
County of Buckinghamshire, District of Aylesbury Vale, Parish of Stoke MandevilleFootpath SMA/11/2, with accommodation crossing
Footpath SMA/16/2, with accommodation crossing

(2)In exercising the power under sub-paragraph (1), the nominated undertaker may alter the level of the footpaths specified in that sub-paragraph.

(3)The nominated undertaker and the highway authority may enter into agreements concerning the construction and maintenance of any new level crossing (and such agreements may include provision about contributions towards the expenses of construction or maintenance).

(4)In this paragraph, "new level crossing" means the place at which the railway mentioned in sub-paragraph (1) crosses a footpath specified in that sub-paragraph.

Part 2Exercise of powers of entry etc

12(1)This paragraph applies where the nominated undertaker has a power to enter land under paragraph 1, 2(1), (4) or (6), 3(1), (5) or (7), 4(1), (6), (7) or (9) or 7(6).

(2)The power is exercisable at any reasonable time.

(3)Before entering the land, the nominated undertaker or any authorised person must, if so required-

(a)produce evidence of authority to enter the land, and

(b)state the purpose of entry.

(4)For the purposes of exercising the power, the nominated undertaker or any authorised person may (subject to paragraph 13)-

(a)take vehicles and equipment on to the land, and

(b)take on to the land such other persons as may be necessary.

(5)In this paragraph-

13(1)This paragraph applies where the nominated undertaker proposes to exercise a power of entry under paragraph 1, 2(1), (4) or (6), 3(1), (5) or (7) or 4(1), (6), (7) or (9) in relation to-

(a)residential land, or

(b)a building not on residential land.

(2)If it appears to a justice of the peace-

(a)that the nominated undertaker is entitled to exercise the relevant power of entry in relation to the residential land or the building, and

(b)that admission to the land or building has been refused or a refusal is reasonably apprehended,

the justice must issue a warrant authorising the nominated undertaker to exercise the power of entry in relation to the land or building.

(3)For the purposes of sub-paragraph (2)(b), admission is refused if a request for admission is not granted within a reasonable period after being made.

(4)Where a warrant has been issued in relation to land or a building under sub-paragraph (2), the nominated undertaker may not demand admission as of right to the land or building unless-

(a)in a case where a period of notice otherwise applies in relation to the exercise of the power in question, the required notice has been given (whether before or after the issue of the warrant) to the owners and occupiers of the land or building, and

(b)in a case where no period of notice otherwise applies in relation to the exercise of the power in question, at least 24 hours' notice has been given (whether before or after the issue of the warrant) to the owners and occupiers of the land or building.

(5)Paragraph 12(4) (power to take vehicles, equipment and other persons on to land) applies to the exercise of a power of entry in reliance on a warrant issued under sub-paragraph 13(2).

(6)In this paragraph, "residential land" means so much of any land as consists of-

(a)a dwelling or part of a dwelling,

(b)a garden, yard, private garage or outbuilding which is used and enjoyed wholly or mainly with a dwelling, or

(c)in the case of a building which includes one or more dwellings, any part of the building which is used and enjoyed wholly or mainly with those dwellings or any of them.

14(1)Where the nominated undertaker exercises any power under paragraphs 1 to 4, it must compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.

(2)Any dispute as to a person's entitlement to compensation under sub-paragraph (1), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(3)Nothing in sub-paragraphs (1) and (2) affects liability to pay compensation under-

(a)section 6 of the Railways Clauses Consolidation Act 1845, as incorporated into this Act,

(b)section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1), or

(c)any other enactment,

otherwise than for loss for which compensation is payable under sub-paragraph (1).

(4)On application by a person who-

(a)has incurred expenses in complying with a tree works notice under paragraph 7(2), or

(b)has suffered any loss or damage in consequence of the carrying out of works required by such a notice,

the county court must order the nominated undertaker to pay the person such compensation in respect of the loss, damage or expenses as the court thinks fit.

Section 2(5)

SCHEDULE 3Overhead line diversions

(1)(2)(3)
AreaOverhead line to be taken downNew overhead line to be provided
London Borough of HillingdonOverhead electric line to be taken down between points E3 (on Sheet No. 2-04), E1, E6, E7 and E8 (on Sheet No. 2-01) and E4 and E3 (on Sheet No. 2-02)Temporary overhead electric line to be provided on land within Act limits between points E3 and E4 (on Sheet No. 2-04) and E6 (on Sheet No. 2-01)
Temporary overhead electric line to be provided on land within Act limits between points E8 (on Sheet No. 2-01), E5 and E3 (on Sheet No. 2-02)
Overhead electric line to be subsequently reinstated on land within Act limits between points E3 (on Sheet No. 2-04) and E1 (on Sheet No. 2-01)
New permanent overhead electric line to be provided on land within Act limits between points E1, E2, E3 and E4 (on Replacement Sheet No. 2-01) and E1, E2 and E3 (on Replacement Sheet No. 2-02)
County of Hertfordshire,District of Three Rivers and County of Buckinghamshire,District of Chiltern,Parish of Chalfont St GilesOverhead electric line to be taken down between points E1 and E2 (on Sheet No. 2-13) and E3 and E4 (on Sheet No. 2-10)Temporary overhead electric line to be provided on land within Act limits between points E1 (on Sheet No. 2-13) and E1, E2 and E4 (on Sheet No. 2-10)
Overhead electric line between points E3 (on Sheet No. 2-13) and E5 (on Sheet No. 2-10) to be buried underground within Act limits
New permanent overhead electric line to be provided on land within Act limits between points E1 and E3 (on Sheet No. 2-13) and between points E5 and E4 (on Sheet No. 2-10)
County of Buckinghamshire District of Chiltern Parish of Great MissendenOverhead electric line to be taken down between points E2, E3, E5 and E8 (on Replacement Sheet No. 2-25)New permanent overhead electric line to be provided on land within Act limits between points E2, E7, E4 and E8 (on Replacement Sheet No. 2-25)
District of Aylesbury Vale Parish of WendoverOverhead electric line to be taken down between points E2 (on Sheet No. 2-30) and E1 (on Sheet No. 2-31)Temporary overhead electric line to be provided within Act limits between points E2, E3 and E4 (on Sheet No. 2-30) and E2 and E1 (on Sheet No. 2-31)
Overhead electric line to be subsequently reinstated on land within Act limits between points E2 (on Sheet No. 2-30) and E1 (on Sheet No. 2-31)
District of Aylesbury Vale, Parish of Wendover and District of Wycombe, Parish of EllesboroughOverhead electric line to be taken down between points E1 and E2 (on Sheet No. 2-32)Temporary overhead electric line to be provided on land within Act limits between points E1, E3 and E2 (on Sheet No. 2-32)
Overhead electric line to be subsequently reinstated and raised on land within Act limits between points E1 and E2 (on Sheet No. 2-32)
Overhead electric line to be taken down between points E2 (on Sheet No. 2-32) and E1 (on Sheet No. 2-33)Overhead electric line to be subsequently reinstated on land within Act limits between points E2 (on Sheet No. 2-32) and E1 (on Sheet No. 2-33)
District of Aylesbury Vale Parishes of Great and Little Kimble cum Marsh and Stone with Bishoptstone and HartwellOverhead electric line to be taken down between points E1 (on Sheet No. 2-37) and E1 (on Sheet No. 2-39)Temporary overhead electric line to be provided on land within Act limits between points E2, E3 and E4 (on Sheet No. 2-36) and E1 (on Sheet No. 2-39)
Overhead electric line to be subsequently reinstated on land within Act limits between points E1 (on Sheet No. 2-37) and E1 (on Sheet No. 2-39)
Parish of QuaintonOverhead electric line to be taken down between points E1, E5, E7 and E4 (on Replacement Sheet No. 2-47) and E1 (on Replacement Sheet No. 2-50)Temporary overhead electric line to be provided on land within Act limits between points E1, E2, E3 and E9 (on Replacement Sheet No. 2-47) and E1 (on Replacement Sheet No. 2-50)
New permanent overhead electric line to be provided on land within Act limits between points E1, E5, E6 and E8 on Replacement Sheet No. 2-47)
New permanent overhead electric line to be provided on land within Act limits between points E1, E5, E7 and E4 (on Replacement Sheet No. 2-47) and E1 (on Replacement Sheet No. 2-50)
County of Oxfordshire District of Cherwell Parish of MixburyOverhead electric line to be taken down between points E1 (on Sheet No. 2-69) and E3 (on Sheet No. 2-68)Temporary overhead electric line to be provided on land within Act limits between points E1 and E3 (on Sheet No. 2-69) and E1 (on Sheet No. 2-68)
Temporary overhead electric line to be provided on land within Act limits between points E1, E2 and E3 (on Sheet No. 2-68)
Overhead electric line between points E2 (on Sheet No. 2-69) and E4 (on Sheet No. 2-68) to be buried underground within Act limits
Overhead electric line to be subsequently reinstated on land within Act limits between points E1 and E2 (on Sheet No. 2-69) and between points E4 and E3 (on Sheet No. 2-68)
County of Buckinghamshire, District of Aylesbury Vale, Parish of Turweston and County of Oxfordshire,District of South Northamptonshire,Parish of WhitfieldOverhead electric line to be taken down between points E1, E7, E3, E4, E5 and E6 (on Sheet No. 2-74), and E2 and E1 (on Sheet No. 2-72)Temporary overhead electric line to be provided on land within Act limits between points E1, E2 and E3 (on Sheet No. 2-74)
Temporary overhead electric line to be provided on land within Act limits between E6 (on Sheet No. 2-74) and E3 and E1 (on Sheet No. 2-72)
New permanent overhead electric line to be provided on land within Act limits between points E1, E7, E8, E9 and E10 (on Sheet No. 2-74) and E2 and E1 (on Sheet No. 2-72)
County of Warwickshire District of Warwick Parish of Burton GreenOverhead electric line to be taken down between points E1, E2 and E3 (on Sheet No. 2-114)Line to be buried underground within Act limits
Metropolitan Borough of Solihull Parish of BickenhillOverhead electric line to be taken down between points E1 and E4 (on Sheet No. 3-007)Temporary overhead electric line to be provided within Act limits between points E1, E2, E3 and E4 (on Sheet No. 3-007)
Electric line to be subsequently reinstated, partly overhead and partly underground, on land within Act limits between points E1 and E4 (on Sheet No. 3-007)
Overhead electric line to be taken down between points E5 and E7 (on Sheet No. 3-007)Temporary overhead electric line to be provided on land within Act limits between points E5, E6 and E7 (on Sheet No. 3-007)
Overhead electric line to be subsequently reinstated on land within Act limits between points E5 and E7 (on Sheet No. 3-007)
Metropolitan Borough of Solihull, Parish of Bickenhill and County of Warwickshire, District of North Warwickshire, Parish of Little PackingtonOverhead electric line to be taken down between points E1, E4, E3 and E7 (on Sheet No. 3-009)Temporary overhead electric line to be provided on land within Act limits between points E1, E2 and E3 (on Sheet No. 3-009)
New permanent overhead electric line to be provided on land within Act limits between points E1, E4, E5, E6 and E7
Metropolitan Borough of Solihull, Parishes of Bickenhill and Chelmsley Wood and County of Warwickshire, District of North Warwickshire, Parish of ColeshillOverhead electric line to be taken down between points E2, E3 and E4 (on Sheet No. 3-11), E1 and E2 (on Sheet No. 3-12), E1 and E2 (on Sheet No. 3-14), E1 and E2 (on Sheet No. 3-16) and E1 and E2 (on Sheet No. 3-19)Temporary overhead electric line to be provided on land within Act limits between points E1, E5 and E3 (on Sheet No. 3-11)
New permanent overhead electric line to be provided on land within Act limits between points E2 and E6 (on Sheet No. 3-11), E3 and E4 (on Sheet No. 3-12), E1 and E2 (on Sheet No. 3-13), E1 and E2 (on Sheet No. 3-15), E3 and E4 (on Sheet No. 3-16) and E3 and E2 (on Sheet No. 3-19)
County of Warwickshire District of North Warwickshire Parish of ColeshillOverhead electric line to be taken down between points E4 and E5 (on Sheet No. 3-14) and E5 and E6 (on Sheet No. 3-16)Line to be buried underground within Act limits
Parishes of Coleshill, Water Orton and CurdworthOverhead electric line to be taken down between points E1 and E2 (on Sheet No. 3-21), E1 and E2 (on Sheet No. 3-22), E1, E2 and E3 (on Sheet No. 3-31), E1 and E2 (on Sheet No. 3-32), E1 and E2 (on Sheet No. 3-33) and E1 and E2 (on Sheet No. 3-36)Temporary overhead electric line to be provided on land within Act limits between points E9 and E8 (on Replacement Sheet No. 3-32), E6, E7, E8 and E9 (on Replacement Sheet No. 3-33) and E6 and E2 (on Replacement Sheet No. 3-36)
New permanent overhead electric line to be provided on land within Act limits between points E1 and E3 (on Replacement Sheet No. 3-21), E5 and E3 (on Replacement Sheet No. 3-22), E3, E4, E5, E6 and E7 (on Replacement Sheet No. 3-32), E3, E4 and E5 (on Replacement Sheet No. 3-33) and E3 and E2 (on Replacement Sheet No. 3-36)
Parish of CurdworthOverhead electric line to be taken down between points E3 and E4 (on Sheet No. 3-37) and E4 and E5 (on Sheet No. 3-36)Temporary overhead electric line to be provided on land within Act limits between points E3 and E5 (on Sheet No. 3-37) and E12 and E5 (on Sheet No. 3-36)
New permanent overhead electric line to be provided on land within Act limits between points E3 and E6 (on Sheet No. 3-37) and E7 and E5 (on Sheet No. 3-36)
Overhead electric line to be taken down between points E2 and E3 (on Sheet No. 3-40) and E1, E2 and E3 (on Sheet No. 3-42)Temporary overhead electric line to be provided on land within Act limits between points E1 and E4 (on Sheet No. 3-40), E4, E5 and E6 (on Sheet No. 3-42) and E1 and E2 (on Sheet No. 3-43).
Overhead electric line to be subsequently reinstated on land within Act limits between points E2 and E3 (Sheet No. 3-40) and E1, E2 and E3 (on Sheet No. 3-42)
Parishes of Lea Marston and CurdworthOverhead electric line to be taken down between points E1, E2, E3 (on Replacement Sheet No. 3-35) and E1 and E2 (on Replacement Sheet No. 3-38)Line to be buried underground within Act limits
County of Staffordshire District of Lichfield Parish of Drayton BassettOverhead electric line to be taken down between points E1 and E2 (on Sheet No. 3-56)Temporary overhead electric line to be provided on land within Act limits between points E1, E3 and E2 (on Sheet No. 3-56)
Overhead electric line to be subsequently reinstated on land within Act limits between points E1 and E2 (on Sheet No. 3-56)
Parish of HintsOverhead electric line to be taken down between points E1 and E2 (on Sheet No. 3-57) and E1 and E2 (on Sheet No. 3-60)Temporary overhead electric line to be provided on land within Act limits between points E1, E3 and E4 (on Sheet No. 3-57) and E3 and E2 (on Sheet No. 3-60)
Overhead electric line to be subsequently reinstated between points E1 and E2 (on Sheet No. 3-57) and E1 and E2 (on Sheet No. 3-60)
Parishes of Curborough and Elmhurst and LichfieldOverhead electric line to be taken down between points E3 and E4 (on Replacement Sheet No. 3-75), E1 and E2 (on Replacement Sheet No. 3-80), E1, E2, E3 and E4 (on Replacement Sheet No. 3-81)Line to be buried underground within Act limits
Parishes of Curborough and Elmhurst and LichfieldOverhead electric line to be taken down between points E3 and E4 (on Replacement Sheet No. 3-75), E1 and E2 (on Replacement Sheet No. 3-80), E1, E2, E3 and E4 (on Replacement Sheet No. 3-81)Line to be buried underground within Act limits
Parish of King's BromleyOverhead electric line to be taken down between points E3 and E4 (on Sheet No. 3-77) and E1 and E2 (on Sheet No. 3-79)Temporary overhead electric line to be provided on land within Act limits between points E3, E5, E6 and E7 (on Sheet No. 3-77) and E3 and E2 (on Sheet No. 3-79)
Overhead electric line to be subsequently reinstated between points E3 and E4 (on Sheet No. 3-77) and E1 and E2 (on Sheet No. 3-79)
Overhead electric line to be taken down between points E4, E3, E1 and E2 (on Replacement Sheet No. 3-75) and E1 and E2 (on Replacement Sheet No. 3-77)Line to be buried underground within Act limits and new overhead electric line to be provided on land within Act limits between points E4 and E5 (on Replacement Sheet No. 3-75) and between points E8 and E2 (on Replacement Sheet No. 3-77)
City of BirminghamOverhead electric line to be taken down on land within Act limits between points E1 and E8 (on Replacement Sheet No. 3-101) and E7 and E10 (on Replacement Sheet No. 3-102)Temporary overhead electric line to be provided on land within Act limits between points E1 and E6 (on Replacement Sheet No. 3-101) and E7 (on Replacement Sheet No. 3-102) and between points E8 (on Replacement Sheet No. 3-101) and E9 and E10 (on Replacement Sheet No. 3-102)
Overhead electric line to be subsequently reinstated on land within Act limits between points E1 and E8 (on Replacement Sheet No. 3-101) and E7 and E10 (on Replacement Sheet No. 3-102)
Overhead electric line to be taken down between points E1 (on Replacement Sheet No. 3-114), E1 (on Replacement Sheet No. 3-115) and E2 (on Additional Sheet No. 3-115A)Line to be buried underground within Act limits

Section 3

SCHEDULE 4Highways

Part 1Highway access

1(1)The nominated undertaker may, for Phase One purposes-

(a)form and lay out means of access, and

(b)improve existing means of access,

at any place within the Act limits.

(2)In the case of works at a place shown on the deposited plans which require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, the power under sub-paragraph (1) is exercisable on giving at least 28 days' notice to the highway authority.

(3)Works which are the subject of a notice under sub-paragraph (2) may not be carried out at the place shown on the deposited plans if, within 28 days of the giving of the notice, the highway authority objects to the works being carried out there by giving the nominated undertaker notice to that effect.

(4)The only ground on which the highway authority may object under sub-paragraph (3) is that works under sub-paragraph (1) should be carried out instead at another place within the Act limits to prevent or reduce-

(a)injury to local amenity, or

(b)prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being carried out there.

(5)If, in the case of works under sub-paragraph (1) at a place shown on the deposited plans, the works require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, they must be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker.

(6)The only ground on which the highway authority may refuse to approve plans or specifications for the purposes of sub-paragraph (5) is that they ought to be modified to prevent or reduce-

(a)injury to local amenity, or

(b)prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(7)Works under sub-paragraph (1) may only be carried out at a place not shown on the deposited plans if the highway authority consents to the siting of the works; and such consent is not to be unreasonably withheld.

(8)Works under sub-paragraph (1) at a place not shown on the deposited plans must be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker; and such approval is not to be unreasonably withheld.

(9)In considering whether to give consent for the purposes of sub-paragraph (7), or approval for the purposes of sub-paragraph (8), in a case where the works require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, the highway authority must have regard in particular to effects on road safety and on the free flow of traffic in the local area.

(10)If, on application by the nominated undertaker for the approval of plans or specifications under sub-paragraph (5) or (8), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having approved the plans or specifications as submitted.

(11)If a highway authority which receives an application for consent under sub-paragraph (7) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted it.

(12)Where an objection under sub-paragraph (3) leads to the carrying out of works under sub-paragraph (1) at a place not shown on the deposited plans, sub-paragraphs (5), (7) and (8) have effect in relation to the works as if the place were shown on the deposited plans.

(13)Any dispute with a highway authority under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

Part 2Interference with highways

Stopping-up

2(1)The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up each highway or part of highway specified in table 1 or 2 in Part 4 of this Schedule.

(2)No highway or part of a highway specified in columns (1) and (2) of table 1 may be stopped up under this paragraph unless all of the land which abuts on it falls within one or more of the following categories, namely-

(a)land to which there is no right of access directly from the highway or part to be stopped up,

(b)land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,

(c)land the owners and occupiers of which have agreed to the stopping up of the highway or part, and

(d)land which is in the possession of the Secretary of State.

(3)No highway or part of a highway specified in columns (1) and (2) of table 2 may be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that table, by reference to the letters and numbers shown on the deposited plans or by reference to the scheduled works, until-

(a)where the new highway is provided in exercise of the powers conferred by this Act-

(i)the date of practical completion, or

(ii)if later, the date on which it is first open for public use, and

(b)where it is not, the date on which it is first open for public use.

(4)Where a new highway specified in column (3) of table 2 is provided in exercise of the powers conferred by this Act, the date of practical completion of the highway, or the date on which it is first open for public use, is to be taken for the purposes of sub-paragraph (3) to be what it is taken to be for the purposes of paragraph 14(2).

3(1)The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is-

(a)within the Act limits, and

(b)not specified in columns (1) and (2) of either table 1 or 2.

(2)The power under sub-paragraph (1) may not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers on application by the nominated undertaker.

(3)The appropriate Ministers must grant an application under sub-paragraph (2) if, but only if, they are satisfied-

(a)that an alternative bridleway or footpath has been provided,

(b)that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or

(c)that the provision of an alternative bridleway or footpath is not required.

(4)Where the appropriate Ministers grant an application under sub-paragraph (2), they must notify the nominated undertaker of the basis on which the application is granted.

(5)Where an application under sub-paragraph (2) is granted on the basis that an alternative bridleway or footpath will be provided, the proposed stopping up may not take place until the alternative has been provided.

(6)Before making an application under sub-paragraph (2), the nominated undertaker must publish in at least one local newspaper circulating in the relevant area a notice-

(a)specifying-

(i)the bridleway or footpath, or part, proposed to be stopped up,

(ii)what, if any, alternative bridleway or footpath is proposed, and

(iii)if no alternative is proposed, the reasons why,

(b)specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice ("the publication date"),

(c)stating that any person may within that period make representations about confirmation under sub-paragraph (2) of the proposed stopping up, and

(d)specifying the manner in which such representations may be made.

(7)Not later than the publication date, the nominated undertaker must-

(a)give a copy of the notice, together with any map or plan to which it refers, to every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and

(b)cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.

(8)Before granting an application under sub-paragraph (2), the appropriate Ministers must consider any representations made to them in accordance with the nominated undertaker's notice which have not been withdrawn.

(9)Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) must, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(10)In sub-paragraph (6), references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.

(11)In sub-paragraph (7)(a), "local authority" means-

(a)the council of a county, district, parish or London borough,

(b)the London Fire and Emergency Planning Authority,

(c)a joint authority established by Part 4 of the Local Government Act 1985,

(d)a housing action trust established under Part 3 of the Housing Act 1988, and

(e)the parish meeting of a rural parish not having a separate parish council.

(12)In this paragraph, references to the appropriate Ministers are to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

4(1)On a highway or part of a highway being stopped up under paragraph 2 or 3-

(a)all rights of way over or along it are extinguished, and

(b)the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land owned by the Secretary of State.

(2)The nominated undertaker must compensate any person who suffers loss by the extinction under this paragraph of a private right of way.

(3)Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(4)The Secretary of State is not entitled to any mines or minerals under land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act.

(5)Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) has effect in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) as if-

(a)references to the undertaking were to the undertaking which the nominated undertaker is authorised to carry on by this Act,

(b)in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority were to the nominated undertaker, and

(c)in paragraph 6, the first reference to the acquiring authority were to the nominated undertaker.

Permanent obstruction

5(1)The powers under section 2(1), (3) and (5) may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.

(2)Any dispute with a highway authority under sub-paragraph (1) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(3)If a highway authority which receives an application for consent under sub-paragraph (1) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted it.

Temporary interference

6(1)For the purposes of the works authorised by this Act, the nominated undertaker may-

(a)temporarily stop up or alter or divert any highway or part of a highway;

(b)for any reasonable time divert traffic from, and prevent persons passing along, any highway or part of a highway;

(c)break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it);

(d)temporarily remove any street furniture in or beside a highway.

(2)The nominated undertaker must provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers under sub-paragraph (1) (a) to (c) if there would otherwise be no such access.

(3)Before exercising the powers under sub-paragraph (1) in relation to a highway, and to an extent, specified in table 3 in Part 4 of this Schedule, the nominated undertaker must consult the relevant authority.

(4)The purpose of consultation under sub-paragraph (3) is to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.

(5)Before exercising the powers under sub-paragraph (1) in relation to a highway, or to an extent, not specified in table 3, the nominated undertaker must obtain the consent in writing of the relevant authority.

(6)Consent under sub-paragraph (5) must not be unreasonably withheld, but may be given subject to such conditions as the relevant authority may reasonably require in the interest of public safety or convenience.

(7)If a relevant authority which receives an application for consent under sub-paragraph (5) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted the application.

(8)In the case of the powers in sub-paragraph (1)(a) to (c), sub-paragraph (7) has effect in relation to an application for consent which relates to-

(a)a GLA side road (within the meaning of the Road Traffic Regulation Act 1984), or

(b)a road which is designated under section 60(1) or 61(1) of the Traffic Management Act 2004 (roads in Greater London which are strategic roads),

as if for "28" there were substituted "42".

(9)Any dispute with a relevant authority about consent under sub-paragraph (5) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(10)There is no need to reinstate a highway or part of a highway in relation to which any of the powers under sub-paragraph (1) (a) to (c) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power under paragraph 2(1) or 3(1).

(11)In this paragraph-

Street works

7(1)The nominated undertaker may, for the purposes of the works authorised by this Act, enter upon any highway within the Act limits and-

(a)place, maintain or alter, or change the position of, apparatus in it,

(b)remove apparatus from it, and

(c)execute any works required for, or incidental to, any works authorised by paragraph (a) or (b).

(2)In this paragraph, "apparatus" has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

8(1)Works executed under this Act in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if-

(a)they are of a description mentioned in section 86(3)(a), (c) to (e), (g) or (h) of that Act (which defines what highway authority works are major highway works), or

(b)they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers under section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980.

(2)Sub-paragraph (1) does not apply to works executed under powers delegated to a highway authority by an agreement under paragraph 12(2) of this Schedule (construction delegation agreements).

Working sites in highways

9Any highway or part of a highway which is stopped up under paragraph 6(1)(a) may be used as a working site if it is within the Act limits.

Part 3Construction and maintenance of highways

Construction and alteration

10(1)Where under this Act the nominated undertaker-

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991,

the construction or alteration must be completed to the reasonable satisfaction of the highway authority.

(2)Where work mentioned in sub-paragraph (1) has been completed to the reasonable satisfaction of a highway authority, it must certify that fact in writing to the nominated undertaker.

(3)If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made-

(a)issue a certificate under that sub-paragraph, or

(b)notify the nominated undertaker of its decision to refuse to issue such a certificate,

it is to be treated as having issued such a certificate at the end of that period.

(4)Any dispute with a highway authority under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

11(1)Sub-paragraph (2) applies where under this Act the nominated undertaker-

(a)constructs a new highway which is constituted by or comprises a carriageway, or

(b)realigns a highway which is constituted by or comprises a carriageway.

(2)The construction or realignment must be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker; and such approval is not to be unreasonably withheld.

(3)Any dispute with a highway authority under sub-paragraph (2) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(4)If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having approved the plans, sections or specifications as submitted.

12(1)Where under this Act the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into an agreement with the controllers of the highway concerning the construction (or contribution towards the expenses of construction) of-

(a)any new highway to be provided in substitution,

(b)any alteration of the existing highway, and

(c)any related matters.

(2)Where the nominated undertaker has entered into an agreement under sub-paragraph (1) with the controllers of an existing highway, the nominated undertaker may, by agreement with them, delegate to them the power of constructing-

(a)any new highway to be provided in substitution, or

(b)any alteration of the existing highway,

including any bridge over any railway.

(3)Works executed by the controllers of an existing highway under a delegation agreement under sub-paragraph (2) which could have been carried out by them under section 64 or 184 of the Highways Act 1980 are to be treated for the purposes of section 86(3) of the New Roads and Street Works Act 1991 as having been so carried out by them.

(4)References in this paragraph to the controllers of a highway are to the persons having the charge, management or control of it.

13(1)This paragraph applies in relation to a work authorised by this Act which appears to the Secretary of State to constitute-

(a)the construction of an extension to a trunk road or special road, or

(b)the realignment of a trunk road or special road.

(2)The Secretary of State may by order made by statutory instrument provide that the highway comprising the extension or realignment is to become a trunk road or special road (or both) as from a date-

(a)specified in the order, or

(b)if the order so provides, specified in an instrument in writing after the making of the order.

(3)Where, under an order under this paragraph, a highway becomes a special road-

(a)the order must specify the special road authority for the highway,

(b)the highway is to be regarded as provided by the specified special road authority under a scheme under section 16 of the Highways Act 1980 made on the day the order is made, and

(c)the highway is to be regarded as so provided for the use of traffic of such classes referred to in Schedule 4 to that Act as may be provided for in the order (and the order may make different provision for different parts of the highway).

(4)Provision under sub-paragraph (3)(c) may be expressed by reference to classes of traffic which are at any time authorised under a scheme under section 16 of the Highways Act 1980 in relation to the road of which the highway is a realignment or extension.

Maintenance

14(1)Sub-paragraph (2) applies where under this Act the nominated undertaker-

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991.

(2)The new or altered highway must be maintained by and at the expense of the nominated undertaker for a period of 12 months from-

(a)the date of practical completion, or

(b)if later, the date on which it is first open for public use;

and after the end of that period must be maintained by and at the expense of the highway authority.

(3)Sub-paragraph (2) is subject to-

(a)any agreement between the nominated undertaker and the highway authority as to alternative arrangements relating to the maintenance of the highway, and

(b)sub-paragraph (4), in respect of a period for which the nominated undertaker is under a duty to maintain the highway.

(4)Unless otherwise agreed between the highway authority and the nominated undertaker, the highway authority must ensure, so far as reasonably practicable, that safe passage along the new or altered highway is not endangered by snow or ice.

(5)Where the highway authority is satisfied that a highway mentioned in sub-paragraph (2) is practically complete or is open for public use, it must, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.

(6)If the highway authority refuses a request to issue a certificate under sub-paragraph (5), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(7)For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, is to be taken to be-

(a)where the date has been determined under sub-paragraph (6), the date so determined, and

(b)where it has not, the date certified under sub-paragraph (5).

(8)Sub-paragraph (2) does not have effect to impose any obligation in relation to-

(a)the structure of any bridge carrying a highway over any railway of the nominated undertaker, or

(b)the structure of any tunnel carrying a highway under any such railway.

(9)Nothing in this paragraph affects the operation of section 87 of the New Roads and Street Works Act 1991.

15Where the nominated undertaker is responsible for maintaining a bridge carrying either of the following over a railway-

(a)a new highway constructed under this Act, or

(b)a highway altered under this Act,

the nominated undertaker may, by agreement with the persons having the charge, management or control of the highway, delegate to them the function of maintaining the bridge.

16Section 58(1) and (2) of the Highways Act 1980 (special defence in action against highway authority for damages for non-repair of highway) applies to an action against the nominated undertaker in respect of damage resulting from its failure to maintain a highway under paragraph 14(2) or 14(3)(a) as it applies to an action against a highway authority as mentioned in section 58(1) of that Act (and references in section 58(1) and (2) to the highway authority are to be read accordingly).

17Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker is not liable to maintain the surface of any highway under or over which the scheduled works are constructed, or the immediate approaches to any such highway.

Bridges carrying highways

18Each of sections 116 and 117 of the Transport Act 1968 (duties as respects bridges carrying highways over railways) has effect as if the nominated undertaker were one of the boards mentioned in the section in question.

Part 4Tables relating to Part 2 of Schedule

TABLE 1

(1)(2)
AreaHighway or part to be stopped up
London Borough of CamdenGordon Street within Act limits
Euston Square between points P7 and P8
Melton Street within Act limits
Stephenson Way between points P5 and P6
Euston Street between points P3 and P4
Drummond Street between points P1 and P2
Cardington Street
Varndell Street between points P9 and P10
Harrington Street between points P1 and P2
Surfaced path (not on definitive map) between points P2 and P3
Paths (not on definitive map) in Euston Square Gardens
Paths (not on definitive map) in St. James' Gardens
London Borough of EalingBethune Road between points P1 and P2
County of Buckinghamshire, District of South Bucks,Parish of IverFootpath IVE/15A/1 within Act limits
District of Aylesbury Vale Parish of Stoke MandevilleOld Risborough Road between points P28 and P29
Marsh Lane between points P30 and P31
Parish of QuaintonStation Road between points P9 and P10
Parish of Grendon UnderwoodBridleway GUN/25/2 between points P4 and P7
Bridleway GUN/25/1 between points P7 (on Replacement Sheet No. 2-54) and P6 (on Replacement Sheet No. 2-55)
Parish of Calvert GreenFootpath SCL/17/1 between points P6 and P11
Bridleway CAG/3/1 between points P6 (on Replacement Sheet No. 2-55) and P1 (on Replacement Sheet No. 2-56)
Bridleway SCL/18/2 between points P1 and P11
Bridleway SCL/18/1 between points P8 and P11
Parish of TwyfordFootpath TWY/4/1 between points P5 and P6
County of Warwickshire District of North Warwickshire Parish of ColeshillFootpath M58 between points P7 and P8 (on Sheet No. 3-18) and P5 and P6 (on Sheet No. 3-20)
Gilson Drive between points P4 and P3 (on Sheet No. 3-20) and P4 and P3 (on Sheet No. 3-23)
Parishes of Coleshill and Water OrtonColeshill Road between points P1 and P2
Parish of CurdworthFootpath M13 between points P3, P4 and P5
Byway T179 within Act limits
Parish of KingsburyBridleway T18 within Act limits
Parish of Lea MarstonFootpath M22 between points P4 and P6 (on Sheet No. 3-46) and between points P1, P2 and P3 (on Sheet No. 3-51)
District of Warwick Parish of Burton GreenFootpath W168A between points P17 and P18
County of Staffordshire District of Lichfield Parish of HintsFootpath Hints 0.377 between points P2 and P6
Parish of WhittingtonBridleway Whittington 20 between points P11 and P12
Parish of King's BromleyShaw Lane between points P5 and P6
Metropolitan Borough of Solihull Parish of Hampton-in-ArdenFootpath M114 within Act limits (on Sheet No. 3-006)
Old Station Road between points P4 and P3
Parish of BickenhillMiddle Bickenhill Lane between points P3 (on Sheet No. 3-006) and P5 (on Sheet No. 3-007)
City of BirminghamCommon Lane within Act limits
Inkerman Street within Act limits
Northumberland Street between points P1 and P2
Viaduct Street between points P1 and P3
St James' Place between points P4 and P5
Lawford Close within Act limits
Andover Street between points P1 and P2
Banbury Street within Act limits
Fazeley Street between points P3 and P4
Park Street between points P5 and P6
Freeman Street
Miles Druce Way
Footpath PRoW 18 between points P1 (on Replacement Sheet No. 3-107), P1 and P2 (on Replacement Sheet No. 3-108) and P1 (on Replacement Sheet No. 3-110)
Hereford Square within Act limits

TABLE 2

(1)(2)(3)
AreaHighway or part to be stopped upNew highway to be provided in substitution
NOTE: References in column (3) of table 2 to a footpath or bridleway include any highway over which members of the public have, or are to have, a right of way on foot and (in the case of a bridleway) on horseback or leading a horse, whether or not with any other public rights of way.
London Borough of CamdenEuston Station Access RoadWork No. 1/5
Cobourg StreetWork No. 1/7
A400 Hampstead Road within the limits of deviation of Work No. 1/11Work No. 1/11
Granby TerraceWork No. 1/13
Lidlington Place within Act limitsWork No. 1/14
Mornington Crescent within the limits of deviation of Work No. 1/14Work No. 1/14
Juniper CrescentWork No. 1/30
London Borough of EalingOld Oak Common Lane within the limits of deviation of Works Nos. 1/40 and 1/45Works Nos. 1/40 and 1/45
Victoria Road within the limits of deviation of Work No. 1/45Work No. 1/45
Old Oak Lane within the limits of deviation of Work No. 1/45Work No. 1/45
Atlas Road within the limits of deviation of Work No. 1/45Work No. 1/45
Wales Farm Road within the limits of deviation of Work No. 1/45Work No. 1/45
London Borough of HillingdonFootpath U81 between points P1 and P2Footpath between points P1 and P3, Work No. 1/62 and points P4 and P2
Footpath U45 between points P1 and P2Footpath between points P1, P3 and P2
Footpath U46 between points P2 (on Sheet No. 1-35) and P1 (on Sheet No. 1-36)Footpath between points P2, P4 and P5 (on Sheet No. 1-35), P2 (on Sheet No. 1-36), Work No. 1/67 and point P1 (on Sheet No. 1-36)
Breakspear Road South within the limits of deviation of Work No. 1/67Work No. 1/67
Bridleway U42 between points P3 and P4Bridleway between point P3, Works Nos. 1/67 and 1/68 and point P4
Harvil Road between points P1 (on Sheet No. 1-37) and P1 (on Sheet No. 1-49) and between points P2 (on Sheet No. 1-37) and P5 (on Sheet No. 2-01)Works Nos. 1/76, 1/77 and 2/1C
Footpath U34 between points P1 and P2Footpath between point P1 (on Sheet No. 2-01), Works Nos. 2/1C and 1/76 and points P3 (on Sheet No. 1-37) and P3 and P2 (on Sheet No. 2-01)
Dews Lane within the limits of deviation of Work No. 2/2Work No. 2/2
Footpath not on the definitive map between Footpath U34 and Harvil Road between points P4 and P6 (on Sheet No. 2-01) and between points P1 and P3 (on Sheet No. 2-04)Footpath between points P4, P7 and P6 (on Sheet No. 2-01) and between point P1 (on Sheet No. 2-04), Work No. 2/2A (part) and points P2 and P3 (on Sheet No. 2-04)
County of Buckinghamshire, District of South Bucks,Parish of Iver and Borough of SloughHollow Hill Lane/Market Lanewithin Act limitsWork No. 4/7
County of Buckinghamshire, District of South Bucks, Parish of Denham and County of Hertfordshire, District of Three RiversShire Lane and bridleway Den/3/1/ Ricks 002 between points P2 and P5Bridleway between points P2, P3, P4 and P5
County of Hertfordshire District of Three RiversTilehouse Lane between points P1 (on Sheet No. 2-08) and P6 (on Sheet No. 2-10)Work No. 2/7
Bridleway Ricks 004 between points P1 and P2Bridleway between point P1, Works Nos. 2/7B, 2/7 (part) and 2/7A and point P2
Chalfont Lane between points P7 and P8Work No. 2/8
County of Hertfordshire, District of Three Rivers and County of Buckinghamshire, District of Chiltern, Parish of Chalfont St PeterShire Lane/Bridleway CSP/44/1/Ricks 002 between points P3 and P5 and between points P9 and P10Bridleway between points P3, P4 and P5 and between points P9 and P10
County of Buckinghamshire District of Chiltern Parish of Chalfont St PeterFootpath CSP/16/1 between points P1 and P2Footpath between point P2, Work No. 2/10, point P3, Shire Lane and point P1
Parishes of Chalfont St Giles and AmershamBottom House Farm Lane within the limits of deviation of Work No. 2/11Work No. 2/11
Parish of AmershamFootway/cycle track between points P1 and P2Work No. 2/12
Parish of Little MissendenFootpath LMI/17/2 between points P1 and P2Footpath between point P1, Works Nos. 2/13 (part) and 2/13A and point P2
Parish of Great MissendenChesham Road between points P23 and P24Road between point P23, Works Nos. 2/17 and 2/17B and points T3 and P24
Footpath GMI/13/3 between points P1 and P2Footpath between points P1, P5, P6, Work No. 2/18C (part) and point P2
Footpath GMI/12/1 between points P3 and P4Work No. 2/18
Footpath GMI/2/1 between points P1 and P8Footpath between points P1, P5 and P3, Work No. 2/19 (part) and points P4, P2 and P8
Leather Lane between points P6 and P7Work No. 2/20
Parish of The LeeFootpath TLE/2/2 within the limits of deviation of Work No. 2/22Work No. 2/22
Footpath TLE/3/1 within the limits of deviation of Work No. 2/23Work No. 2/23
District of Chiltern, Parish of The Lee and District of Aylesbury Vale, Parish of WendoverBowood Lane within the limits of deviation of Work No. 2/23.Work No. 2/23
District of Aylesbury Vale Parish of WendoverFootpath WEN/38/1 within the limits of deviation of Work No. 2/22Work No. 2/22
Footpath WEN/37/1 within the limits of deviation of Work No. 2/23Work No. 2/23
Footpath WEN/39/2 between points P1 and P2Footpath between point P1, Work No. 2/23B (part) and point P3
Footpath WEN/40/1 between points P4 and P2Footpath between points P4 and P3
Footpath WEN/39/1 between points P5 and P2Footpath between point P5, Work No. 2/23B (part) and point P3
Rocky Lane between points P6 (on Sheet No. 2-29) and P1 (on Sheet No. 2-30)Road between point P6 (on Sheet No. 2-29), Work No. 2/24 and point P1 (on Sheet No. 2-30)
Small Dean Lane between points P2 and P3Work No. 2/26
Bacombe Lane between points P1 and P4Road between point P1, Work No. 2/29A and point P4
Bridleway WEN/14/3 between points P1 and P2Bridleway between point P1, Work No. 2/29A (part) and point P2
Bridleway WEN/14/4 between points P2 and P3Bridleway between point P2, Work No. 2/29A (part) and point P3
Bridleway WEN/14/5 between points P3 and P4Bridleway between point P3, Work No. 2/29A (part) and point P4
Footpath WEN/13A/1 between points P2 and P5Footpath between points P2 and P5
Ellesborough Road within the limits of deviation of Work No. 2/30Work No. 2/30
Footpath WEN/11/1 between points P6 and P7Footpath between points P6, P16, P13 and P7
Footpath WEN/11/2 between points P7 and P8Footpath between points P7 and P8
Footpath WEN/6/3 between points P7 and P9Footpath between points P10, P11 and P9
Footpath WEN/6/2 between points P7 and P12Footpath between points P7, P13, P16 and P12
Footpath WEN/55/1 within the limits of deviation of Work No. 2/33Work No. 2/33
District of Aylesbury Vale, Parish of Wendover and District of Wycombe, Parish of EllesboroughNash Lee Lane within Act limitsWork No. 2/34A
Nash Lee Road between points P7 (on Sheet No. 2-32) and P1 (on Sheet No. 2-33)Work No. 2/34
District of Wycombe Parish of EllesboroughFootpath ELL/25/1 between points P1 and P2Footpath between points P1, P3, P4 and P5, Works Nos. 2/34 (part) and 2/34A and point P6
Footpath ELL/2/1 within Act limitsFootpath between points P9, P30, P31 and P10
Footpath ELL/8/1 within Act limitsFootpath between points P7 and P8
Footpath ELL/1/1 between points P16 and P17Footpath between points P16, P18 and P19, Work No. 2/38 (part) and point P20
Parish of Little Kimble cum MarshFootpath GLK/31/1 within Act limitsFootpath between points P25 (on Sheet No. 2-34) and P1 (on Sheet No. 2-36)
District of Aylesbury Vale Parish of Stoke MandevilleFootpath ELL/20/1 between points P11 and P4Footpath between point P11, Work No. 2/35, point P3, footpath SMA/6/1 and point P4
Footpath SMA/5/2 between points P5 and P6Footpath between points P5 and P6
Footpath SMA/5A/1 between points P7 and P8Footpath between points P7 and P8
Footpath SMA/5/1 between points P9 and P10 (on Sheet No. 2-33)Footpath between points P9 (on Sheet No. 2-33) and P1, P2 and P3 (on Sheet No. 2-34), Work No. 2/37, points P4, P5 and P6 (on Sheet No. 2-34) and P10 (on Sheet No. 2-33)
A4010 Risborough Road within the limits of deviation of Work No. 2/36 and between points P26 and P27 (on Sheet No. 2-34)Road between point P12 (on Sheet No. 2-33), Work No. 2/36, point P1 (on Sheet No. 2-38), Lower Road, A4010 Risborough Road and point P27 (on Sheet No. 2-34). A new cycle track to be provided between point P3 (on Sheet No. 2-34), Work No. 2/37 and point P4 (on Sheet No. 2-34)
Footpath SMA/8/2 within Act limitsFootpath between points P11 and P12, Work No. 2/38 (part), points P13 and P14, footpath SMA/13A/2 and point P15
Footpath SMA/8/3 within Act limitsFootpath between points P15 and P27
Footpath SMA/13A/2 between points P13 and P14 and between points P15 and P26Footpath between points P13 and P14 and between points P15 and P26
Footpath SMA/9/1 between points P17 and P13Footpath between point P13, Work No. 2/38 (part) and point P20
Footpath SMA/9/2 within Act limitsFootpath between points P13 and P21
Footpath SMA/10/1 within Act limitsFootpath between points P13 and P22
Footpath SMA/15A/1 within the limits of deviation of Work No. 2/38Footpath between point P13, Work No. 2/38 (part) and point P23
Footpath SMA/15/1 within Act limitsFootpath between points P24 and P23
Footpath SMA/11/1 within Act limitsFootpath between points P2 and P3
Footpath SMA/11/2 between points P3 and P7Footpath between points P3, P4, P5 and P6, Works Nos. 2/36 and 2/36A and point P7
Footpath SMA/16/3 between points P8 and P10 and between points P11 and P12Footpath between points P8, P9 and P10 and between points P11 and P12
Footpath SMA/16/2 between points P12 and P15Footpath between points P12, P13 and P14, Work No. 2/43 (part) and point P15
Footpath SMA/16/1 between points P15 and P17Footpath between point P15, Work No. 2/43 and point P17
Footpath SMA/17/3 between points P24 and P25Footpath between points P24, P26, P27, P28, P10, P9, P8 and P25
Parishes of Stoke Mandeville and Stone with Bishopstone and HartwellFootpath SBH/17A/1 between points P15 and P16Footpath between points P15 and P16
Footpath SBH/28/2 between points P17 and P18Footpath between point P17, Work No. 2/43 and point P18
Footpath SBH/17/3 between points P19 and P20Footpath between points P19 and P20
Parish of Stone with Bishopstone and HartwellFootpath SBH/29/1 within Act limitsFootpath between points P1 and P2
Bridleway SBH/19/7 between points P21 and P23Bridleway between point P21, Work No. 2/44 and points P22 and P23
Footpath SBH/27/1 between points P1 and P2Work No. 2/45
Footpath SBH/34/1 between points P3 and P4Work No. 2/47
A418 Oxford Road between points P5 and P6Work No. 2/48
Footpath SBH/3/1 within the limits of deviation of Work No. 2/51AWork No. 2/51A
Footpath SBH/32/1 between points P1 and P2Work No. 2/50A
Bridleway SBH/2/4 between points P3, P2 and P1Bridleway between point P3, Work No. 2/51A (part), point P2, Work No. 2/51 and point P1
Footpath SBH/28/2 and Footpath SBH/28/1 between points P17 (on Replacement Sheet No. 2-36) and P1 (on Replacement Sheet No. 2-37)Works Nos. 2/43 and 2/43A
Parishes of Fleet Marston and WaddesdonBridleway FMA/1/1 between points P2 and P1Bridleway between points P2 and P3, Work No. 2/54 and points P6 and P1
Footpath FMA/2/1 between points P7 (on Sheet No. 2-42) and P1 (on Sheet No. 2-43)Footpath between points P7 and P4 (on Sheet No. 2-42), Work No. 2/54 and points P5 (on Sheet No. 2-42) and P2 (on Sheet No. 2-43)
Footpath WAD/6/4 between points P1 and P2 (on Sheet No. 2-43)Footpath between points P7 and P4 (on Sheet No. 2-42), Work No. 2/54 and points P5 (on Sheet No. 2-42) and P2 (on Sheet No. 2-43)
A41 Bicester Road and Aylesbury Road between points P3 and P4Road between point P3, Works Nos. 2/55 and 2/57 and point P4
Parish of WaddesdonA41 Bicester Road within the limits of deviation of Work No. 2/57Work No. 2/57
Blackgrove Road between points P4 and P5Road between point P4, Works Nos. 2/58 and 2/57 and points P6 and P5
Footpaths WAD/5/1 and WAD/5/2 between points P7 and P13Footpath between points P7, P8 and P9, Works Nos. 2/57 and 2/58 and points P10, P11, P12 and P13
Footpath WAD/4/2 between points P7 and P9Footpath between points P7 and P8, Work No. 2/59 and point P9
Footpath WAD/3/4 between points P10 and P6Footpath between points P10, P5, P2 and P1, Work No. 2/60, point P3, Work No. 2/60A (part), points P4 and P9, footpath WAD/4A/1 and point P6
Footpath WAD/4A/1 between points P1 and P9Footpath between point P1, Work No. 2/60, point P3, Work No. 2/60A (part) and points P4 and P9
Parish of QuaintonFootpath QUA/31/4 between points P1 and P2Footpath between point P1, Works Nos. 2/67B, 2/67 (part) and 2/68 and point P2
Fidlers Field Road between points P3 and P6Road between point P3, Work No. 2/67A, point P4, Work No. 2/67 (part), point P5, Work No. 2/68 and point P6
Station Road within the limits of deviation of Work No. 2/67 and between points P9 and T1 and point P14 and the commencement point of Work No. 2/67Work No. 2/67
Footpath QUA/24A/1 between points P1 and P4Footpath between points P1, P2 and P3, Work No. 2/69 (part) and point P4
Bridleways QUA/28A/1 and QUA/28A/2 within the limits of deviation of Work No. 2/69Work No. 2/69
Footpath QUA/26/1 between points P5 and P8Footpath between points P5 and P6, Work No. 2/70 and points P7 and P8
Edgcott Road between points P9 (on Sheet No. 2-47) and P13 (on Sheet No. 2-54)Work No. 2/71
Footpath QUA/35/1 between points P1 and P3Footpath between points P1, P2 and P3
Bridleways QUA/36/1, QUA/36/2 and QUA/36/3 between points P3 and P8Work No. 2/72
Footpath QUA/35/2 between points P10 and P13Footpath between points P10, P11, P12 and P13
Parish of Grendon UnderwoodBridleway GUN/28/1 between points P12 (on Sheet No. 2-54) and P1 (on Sheet No. 2-55)Work No. 2/73
Footpath GUN/31/1 between points P6 and P7 (on Sheet No. 2-54)Footpath between point P6 (on Sheet No. 2-54), footpath GUN/29/1, point P2 (on Sheet No. 2-55) and Work No. 2/73
Parishes of Grendon Underwood and Calvert GreenFootpath GUN/24/1 between points P1 and P2Bridleway between points P1, P2, P3, P4, P5, P6, P7 (on Sheet No. 2-55A) and P12 (on Replacement Sheet No. 2-56)
Footpath GUN/23/1 between points P2 and P3
Footpath CAG/1/1 between points P3 and P4
Footpath CAG/4/3 between points P5 and P6
Footpath CAG/5/1 between points P7 (on Sheet No. 2-55A) and P12 (on Replacement Sheet No. 2-56)
Parish of Calvert GreenFootpath CAG/2/1 between points P3 and P8Footpath between points P3 and P4
Parish of Steeple ClaydonFootpath SCL/13/2 between points P10 and P1Footpath between point P10, Work No. 2/75 and points P3, P2 and P1
School Hill within the limits of deviation of Work No. 2/80Work No. 2/80
Addison Road within the limits of deviation of Work No. 2/87Work No. 2/87
Footpath SCL/8/1 within the limits of deviation of Work No. 2/89Work No. 2/89
Footpaths SCL/9/1 and SCL/9/2 between points P2 and P7 (on Sheet No. 2-59)Footpath between points P2 and P3 (on Sheet No. 2-59), footpath SCL/8/3, points P8 and P9 (on Sheet No. 2-59), Work No. 2/89 and points P5, P6 and P7 (on Sheet No. 2-58) and P7 (on Sheet No. 2-59)
Footpath SCL/7/1 between points P1 and P6 (on Sheet No. 2-59)Footpath between points P1, P2 and P3 (on Sheet No. 2-59), footpath SCL/8/3, points P8 and P9 (on Sheet No. 2-59), Work No. 2/89 and points P5, P6 and P7 (on Sheet No. 2-58) and P7 (on Sheet No. 2-59)
Footpath SCL/8/4 within the limits of deviation of Work No. 2/89Work No. 2/89
Footpath SCL/8/3 between points P3 and P6 (on Sheet No. 2-59)Footpath between points P3, P8 and P9 (on Sheet No. 2-59), Work No. 2/89 and points P5, P6 and P7 (on Sheet No. 2-58) and P7 (on Sheet No. 2-59)
Parishes of Steeple Claydon and TwyfordFootpaths SCL/6/1 and TWY/5/1 between points P7 and P10Footpath between points P7, P8 and P9 (on Sheet No. 2-57), P13 and P14 (on Sheet No. 2-60), Perry Hill and point P1 (on Sheet No. 2-60)
Perry Hill within the limits of deviation of Work No. 2/91Work No. 2/91
Parish of TwyfordFootpath TWY/4/1 between points P1 and P2Footpath between point P1, Main Street and points P3, P4 and P2
West Street within the limits of deviation of Work No. 2/92Work No. 2/92
Footpath TWY/18/2 between points P3 and P6Footpath between point P3, Perry Hill, West Street, Work No. 2/92, point P5, West Street, point P15, Work No. 2/94 (part) and points P16 and P6
Footpath TWY/17/1 between points P8 and P9 (on Sheet No. 2-60)Footpath between points P8, P14 and P12 (on Sheet No. 2-60), P8, P7 and P6 (on Sheet No. 2-61) and P10 (on Sheet No. 2-60), footpath TWY/16/1 and point P9 (on Sheet No. 2-60)
Footpath TWY/16/1 between points P12 and P10 (on Sheet No. 2-60)Footpath between points P12 (on Sheet No. 2-60), P8, P7 and P6 (on Sheet No. 2-61) and P10 (on Sheet No. 2-60)
Parish of Preston BissettFootpath PBI/6/2 between points P9 and P13Footpath between points P9, P10, P11, P12 and P13
Footpath PBI/5(F)/7 between points P14 and P17Footpath between points P14, P15, P16, Work No. 2/96, Work No. 2/96A (part), point P18, footpath PBI/6/1 and point P17
Byways PBI/5A/1 and PBI/5A/3 within the limits of deviation of Works Nos. 2/96 and 2/96AWorks Nos. 2/96 and 2/96A
Footpath PBI/9/3 between points P1 and P2Footpath between points P1, P4, P3 and P2
Byway PBI/5A/2 within the limits of deviation of Work No. 2/96AWork No. 2/96A
Parish of ChetwodeThe Green within Act limitsWork No. 2/98
Footpath CHW/18/1 between points P1, P10 and P3Footpath between points P1 and P2, Work No. 2/99 (part) and points P4 and P3
Footpath CHW/11/1 between points P5 and P9Footpath between points P5, P6 and P7, School End, point P8, Work No. 2/100 and point P9
Bridleway CHW/24/1 and Bridleway CHW/24/2 within Act limitsWork No. 2/96C
Parish of Barton HartshornFootpath BHA/3/1 between points P1 and P2Footpath between points P1, P3, P4 and P5, Work No. 2/101 and points P6 and P7
Footpaths BHA/2/2 and BHA/2/1 between points P4 and P7Footpath between points P4 and P5, Work No. 2/101 and points P6 and P7
Parishes of Barton Hartshorn and ChetwodeSchool End within the limits of deviation of Work No. 2/100Work No. 2/100
County of Oxfordshire District of Cherwell Parish of Newton Purcell with ShelswellA4421 Buckingham Road between points P8 (on Sheet No. 2-66) and P5 (on Sheet No. 2-67)Work No. 2/102
Parishes of Newton Purcell with Shelswell and FinmereBridleway 213/7 within the limits of deviation of Work No. 2/103Work No. 2/103
Parish of FinmereBridleway 213/4 between points P1 and P4Bridleway between points P1 and P2, Work No. 2/104 and points P3 and P4
Parishes of Finmere and MixburyA421 London Road within the limits of deviation of Work No. 2/105Work No. 2/105
Parish of MixburyFeatherbed Lane within the limits of deviation of Work No. 2/106Work No. 2/106
Footpath 303/7 between points P1 and P3Footpath between points P1 and P2, Work No. 2/106A, Featherbed Lane, Work No. 2/106 and point P3
Bridleways 303/4/20 and 303/4/30 between points P1 and P3Bridleway between point P1, Work No. 2/107 and points P2 and P3
Bridleway 303/22/20 between points P4 and P3ABridleway between points P4, P2 and P1
Bridleway 303/22/20 within the limits of deviation of Work No. 2/107AWork No. 2/107A (part)
Bridleway 303/5/10 between points P6, P7 and P10Bridleway between points P6, P7, P8, P9 and P10
Parish of GodingtonBridleway 225/4/10 and Bridleway 225/4 within the limits of deviation of Work No. 2/96DWork No. 2/96D
County of Buckinghamshire District of Aylesbury Vale Parish of WestburyFootpath WBB/17/1 between points P1, P5 and P7Footpath between points P1 and P2, Work No. 2/108 and points P3, P4, P6 and P7
Parishes of Westbury and TurwestonA422 Brackley Road within Act limitsWork No. 2/109
Parish of TurwestonFootpaths TUW/3/1 and TUW/3/2 between points P1 and P5Footpath between points P1 and P2, Work No. 2/110 (part) and points P3, P4 and P5
Unnamed Road within the limits of deviation of Work No. 2/110Work No. 2/110
Bridleways TUW/4/1, TUW/4/2 and TUW/4/3 within the limits of deviation of Work No. 2/110Work No. 2/110
Footpath TUW/5/1 within the limits of deviation of Work No. 2/110Footpath between points P4 and P3
Footpath TUW/7/1 between points P6 and P8Footpath between points P6, P7 and P8
County of Northamptonshire District of South Northamptonshire Parish of WhitfieldFootpath BD8 between points P1 and P2 (on Replacement Sheet No. 2-75)Footpath between points P1 (on Replacement Sheet No. 2-75), P10, P9, P11, P12 and P13 (on Replacement Sheet No. 2-74), Bridleway BD10 and point P2 (on Replacement Sheet No. 2-75)
A43 Oxford Road within Act limitsWork No. 2/112
Bridleway BD7 between points P8 and P13Bridleway between points P8, P9 and P10, Work No. 2/113 and points P11, P14 and P12
Parish of RadstoneBridleway AX16 between points P5 and P7Bridleway between point P5, Work No. 2/114 and points P6 and P7
Footpath AX15 between points P18 and P24Footpath between points P18, P19, P20, Work No. 2/114A (part), and points P21, P22, P23 and P24
Radstone Road between points P7 and P15Work No. 2/116
Footpath AX7 between points P17 and P2Footpath between points P17, P27, P19, P20, Work No. 2/114A (part), points P21, P22, P25, Work No. 2/116 (part) and point P26
Bridleway AX19 between points P4 and P5Bridleway between points P4 and P6, Work No. 2/117 (part), point P7, Work No. 2/116 (part), point P14, Work No. 2/116A (part) and point P5
Bridleway AX18 and Footpath AX5 between points P9 and P11Bridleway between points P9 and P10, Work No. 2/117 and points P7 and P11
Footpath AX6 between points P1 and P2Footpath between points P1 and P2
Bridleway AX14 between points P15 (on Replacement Sheet No. 2-75) and P25 (on Replacement Sheet No. 2-77)Bridleway between points P15, (on Replacement Sheet No. 2-75), P21, P22, P23, P24 and P25 (on Replacement Sheet No. 2-77)
Parish of GreatworthFootpath AN22 within the limits of deviation of Work No. 2/118Work No. 2/118
Bridleway AN37 between points P3 (on Sheet No. 2-78) and P10 (on Sheet No. 2-79)Bridleway between points P3, P4 and P5 (on Sheet No. 2-78), P3 and P6 (on Sheet No. 2-79), Work No. 2/119 and points P7, P9 and P10 (on Sheet No. 2-79)
Footpath AN19 between points P5, P3, P9 and P10Footpath between points P5, P3 and P6, Work No. 2/119 and points P7, P9 and P10
Footpath AN28 between points P4 and P8Footpath between points P4, P3 and P6, Work No. 2/119 and points P7, P9 and P8
Bridleway AN14 between points T6, P11 and P13Bridleway between points T6, P11 and P12, Work No. 2/120 and point P13
Helmdon Road within the limits of deviation of Work No. 2/121Work No. 2/121
Footpath AN13 between points P1 and P4Footpath between points P1, P2, Work No. 2/121A (part), Work No. 2/121B (part) and points P3 and P4
Welsh Road within the limits of deviation of Work No. 2/122Work No. 2/122
Sulgrave Road within the limits of deviation of Work No. 2/122EWork No. 2/122E
Parishes of Greatworth and Marston St LawrenceWelsh Road within the limits of deviation of Work No. 2/122DWork No. 2/122D
Parishes of Marston St Lawrence and SulgraveSulgrave Road within the limits of deviation of Work No. 2/122CWork No. 2/122C
Parish of Thorpe MandevilleBanbury Road between points P4 and P5Work No. 2/123
Footpath BB3 between points P1 and P3Footpath between points P1 and P2
Parish of CulworthBridleway AG9 within the limits of deviation of Work No. 2/125Work No. 2/125
Bridleway AG10 between points P1 and P2Bridleway between points P1 and P3, Work No. 2/126 (part), point P4, Work No. 2/126A and point P2
Parish of Chipping Warden and EdgcoteFootpath AE5 between points P1 and P4Footpath between points P1, P2, P3 and P4
Footpath AE28 between points P2 and P1Footpath between points P2 and P18 and bridleway between points P18, P19, P20 and Work No. 2/127A
Footpath AE20 between points P8, P6, P3, P5 and P17Footpath between points P8, P6, P3, Work No. 2/127A (part) and P17
Footpath AE12 between points P16 and P4Footpath between points P16 and P4
Footpath AE21 between points P7 and P6Footpath between point P7, Work No. 2/128 and point P6
Culworth Road within the limits of deviation of Work No. 2/127Bridleway between points P21, P18, P19, P20 and Work No. 2/127A
A361 Byfield Road between points P26 and P27Works Nos. 2/128D (part) and 2/128F
A361 Banbury Road within Act limitsWorks Nos. 2/128G and 2/128D (part)
Footpath AE17 between points P23 and P25Footpath between points P23, P24, Work No. 2/182E (part) and P25
Footpath AE18 between points P1 (on Sheet No. 2-85A) and P22 (on Replacement Sheet No. 2-85)Footpath between points P1 (on Sheet No. 2-85A), Work No. 2/128E (part), points P24, P23, footpath AE18 and point P22 (on Replacement Sheet No. 2-85)
Appletree Road between points P2 and P3Work No. 2/128H
A361 Byfield Road within the limits of deviation of Work No. 2/128KWork No. 2/128K
Welsh Road within the limits of deviation of Work No. 2/128JWork No. 2/128J
Parish of Aston Le WallsAppletree Lane within the limits of deviation of Work No. 2/128CWork No. 2/128C
Parish of BoddingtonFootpath AC2 between points P1 and P4Footpath between points P1 and P2, Work No. 2/129 (part) and points P3 and P4
Footpath AC1 between points P5 and P6Footpath between points P5 and P7, Work No. 2/129 (part) and point P6
Claydon Road within the limits of deviation of Work No. 2/129Work No. 2/129
Claydon Road between points P1 and P2Works Nos. 2/132 and 2/132A
Banbury Road between points P3 (on Replacement Sheet No. 2-88) and P1 on Replacement Sheet No. 2-89)Works Nos. 2/132C and 2/132
Warwick Road between points P4 and P3Works Nos. 2/132 (part) and 2/132D
Stoneton Road within Act limitsWork No. 2/132B
County of Warwickshire District of Stratford-on-Avon Parish of StonetonStoneton Lane within Act limitsWork No. 2/132B
Footpath SM101 between points P1 and P2Footpath between points P1, P3, P4 and P2
Parish of WormleightonBoddington Road and Wormleighton Road within Act limitsWork No. 2/132
Footpath SM116a between points P5 and P6Footpath between points P5, P7 and P6
Bridleway SM116 between points P8 and P9 (on Sheet No. 2-90) and P1 and P2 (on Sheet No. 2-92)Bridleway between points P8, Work No. 2/135 (part), P10 and P11 (on Sheet No. 2-90) and P3 and P2 (on Sheet No. 2-92)
Parishes of Wormleighton and RadbournWills Pastures Road within the limits of deviation of Work No. 2/137Work No. 2/137
Parish of RadbournFootpath SM96a between points P4 and P5Footpath between points P4 and P6 (on Sheet No. 2-92), P1, P2 and P3 (on Sheet No. 2-94) and P7 and P5 (on Sheet No. 2-92)
Bridleway SM96 as shown on the definitive map between points P5 and P8Bridleway between points P5, P9, P10, P11 and P8
Bridleway SM96 as shown on OS mapping between points P5, P5A and P8Bridleway between points P5, P9, P10, P11 and P8
Parishes of Radbourne and LadbrokeRadbourne Lane between points P2, P9, P8, P5 and P6 and between points P9 and P10Work No. 2/139B, Work No. 2/138 between points P4 and P7 and Work No. 2/139
Parish of LadbrokeLadbroke Hill Lane between points P4 and P5Work No. 2/141
Footpath SM90 between points P1 and P2Footpath between point P1, Work No. 2/141A, point P3, Work No. 2/141 and points P4 and P2
Parishes of Ladbroke and SouthamA423 Banbury Road within Act limitsWork No. 2/142
Footpath SM33 between points P1, P1A, P1B and P2Footpath between points P1, P3, P4, P5, P6, Work No. 2/142 (part) and a bridleway between points P7 and P2
Parish of Long ItchingtonFootpath SM24 between points P1 and P2Footpath between points P1, P3 and P2
A425 Leamington Road and Southam Road between points P1 and P2Work No. 2/147
Parish of SouthamKineton Road within the limits of deviation of Work No. 2/144Work No. 2/144
District of Warwick Parish of OffchurchRidgeway Lane between points P1 and P2Work No 2/149
Welsh Road within the limits of deviation of Work No. 2/151Work No. 2/151
Fosse Way within Act limitsWork No. 2/153
Welsh Road between points P1 and P2Work No. 2/153A
Long Itchington Road between points P3 and P4Road between point P3, Work No. 2/153C, point P5, Work No. 2/153, point P6, Work No. 2/153A, point P7, Work No. 2/153E and point P4
Footpath W192 between points P9 and P8Footpath between points P9, P10, P11 and P8
Footpath W128 between points P12, P13 and P14 (on Sheet No. 2-103) and P1 and P2 (on Sheet No. 2-104)Footpath between points P12 and P15 (on Sheet No. 2-103) and P3, P4, P5, P6 and P2 (on Sheet No. 2-104)
Radford Road within the limits of deviation of Work No. 2/153AWork No. 2/153A
Cycle track within the limits of deviation of Work No. 2/154Work No. 2/154
Hunningham Road within the limits of deviation of Work No. 2/156Work No. 2/156
Footpath W129Y between points P7 and P8Footpath between points P7, P9, P10 and P8
Footpaths W129X and W129A between points P11 and P12Work No. 2/158
Parishes of Cubbington and Weston under WetherlyMill Lane between points P1, P2 and P3Road between point P1, Work No. 2/160A, point P4, Work No. 2/160 and point P3
Footpath W129d between points P1, P2 and P3Footpath between point P1, Work No. 2/160A, point P4, Work No. 2/160 and point P3
Parish of CubbingtonFootpath W130 between points P5, P6 and P7Footpath between points P5 and P7
Rugby Road within the limits of deviation of Work No. 2/162Work No. 2/162
Footpath W130b between points P1 and P2Footpath between point P1, Work No. 2/162 and points P3 and P2
Parishes of Cubbington and StoneleighCoventry Road within the limits of deviation of Work No. 2/163Work No. 2/163
A445 Leicester Lane between points P1 and P2Work No. 2/164
Parish of StoneleighStoneleigh Road within the limits of deviation of Work No. 2/166Work No. 2/166
Stareton Lane between points P1 and P1AWork No. 2/166C
Footpath W171 between points P1 and P2Footpath between point P1, Work No. 2/166A, point P3, Work No. 2/166 and points P4 and P2
A429 Kenilworth Road and A429 Coventry Road within the limits of deviation of Work No. 2/173Work No. 2/173
Bridleway W164 between points P1 and P2 (on Sheet No. 2-111) and P1, P2 and P3 (on Sheet No. 2-112)Bridleway between points P1 and P3 (on Sheet No. 2-111), P4, P5 and P6 (on Sheet No. 2-112), Work No. 2/176 and points P7 and P3 (on Sheet No. 2-112)
Parishes of Stoneleigh and AshowAshow Road within the limits of deviation of Work No. 2/167Work No. 2/167
Parish of KenilworthFootpath K29 between points P1 and P2Footpath between point P1, Work No. 2/170 and points P3 and P2
Parishes of Kenilworth and StoneleighDalehouse Lane within the limits of deviation of Work No. 2/171Work No. 2/171
A46 Kenilworth Bypass within Act limitsWork No. 2/169
Parishes of Stoneleigh and Burton GreenBridleway W165x between points P8 and P9Bridleway between points P8 and P6, Work No. 2/176 and points P7, P10 and P9
Parish of Burton GreenCryfield Grange Road within the limits of deviation of Work No. 2/178AWork No. 2/178A
Bockendon Road and Crackley Lane within the limits of deviation of Work No. 2/178Work No. 2/178
Footpath W167 between points P11 and P12 (on Replacement Sheet No. 2-112)Footpath between points P11, P13 (on Replacement Sheet No. 2-112), P1, P2, P3 and P4, Work No. 2/179A (part), points P15, P16, P5 and P6 (on Replacement Sheet No. 2-113) and point P12 (on Replacement Sheet No. 2-112)
Footpath W168 between points P3 and P7Footpath between points P3, P4 and P7
Footpath W169 between points P8 and P9Footpath between points P8, P10 and P9
Cromwell Lane within the limits of deviation of Work No. 2/183Work No. 2/183
County of Warwickshire, District of Warwick, Parish of Burton Green and Metropolitan Borough of Solihull, Parish of BerkswellKenilworth Greenway within Act limitsWork No. 2/182
Footpath M187 between points P5 and P6Bridleway between points P5, P7, P8, P9 and P10, Work No. 2/182 and point P6
Metropolitan Borough of Solihull Parish of BerkswellFootpath M186 between points P11 and P12Footpath between point P11, Works Nos. 2/185 (part) and 2/184 (part) and point P12
Footpath M198 between points P1 and P2Footpath between points P1, P3, P4, Work No. 2/186 (part), P5, P6 and P2
Waste Lane within the limits of deviation of Work No. 2/186Work No. 2/186
Parishes of Bickenhill and Chelmsley WoodColeshill Heath Road between points P1 and P2Work No. 3/26
County of Warwickshire District of North Warwickshire Parish of ColeshillFootpaths M72 and M77 between points P1 and P2 (on Replacement Sheet No. 3-14) and P1 and P2 (on Replacement Sheet No. 3-16)Footpath between points P1, P3 (on Replacement Sheet No. 3-14), point P3, Work No. 3/27B (part) and point P2 (on Replacement Sheet No. 3-16)
Footpath M76 between points P4 and P5 (on Sheet No. 3-16) and P1 and P2 (on Sheet No. 3-18)Footpath between points P4 and P6 (on Sheet No. 3-16) and P3 and P4 (on Sheet No. 3-18)
Birmingham Road within the limits of deviation of Work No. 3/28Work No. 3/28
Gilson Road between points P6 and P7Work No. 3/32
Gilson Drive between points P1 and P5Works Nos. 3/32 and 3/32A
Footpath M56 between points P4 and P5Work No. 3/32
Footpath M54 between points P2 and P3Footpath between Works Nos. 3/32A and 3/32 and points P4 and P3
Footpath M60 between points P5 and P6 (on Sheet No. 3-22)Footpath between points P5 and P4 (on Sheet No. 3-22) and P9 (on Sheet No. 3-21), Work No. 3/33 and points P8 (on Sheet No. 3-21), P3 and P1 (on Sheet No. 3-22), footpath M62, Gilson Road and point P6 (on Sheet No. 3-22)
Footpath M62 between points P1 and P2 (on Sheet No. 3-22)Footpath between points P1 and P3 (on Sheet No. 3-22) and P8 (on Sheet No. 3-21), Work No. 3/33 and points P9 (on Sheet No. 3-21), P4 and P2 (on Sheet No. 3-22)
Footpath M54 between points P1 and P2 and between points P4, P3 and P6Footpath between points P1, P5, P4, P6 and P2
Footpath M58 between points P5 and P1 (on Replacement Sheet No. 3-23), P2, P6 and P7 (on Replacement Sheet No. 3-20), points P12, P11, P10 and P9 (on Replacement Sheet No. 3-18) and P2 and P1 (on Replacement Sheet No. 3-19)Footpath between points P5, P6 and P7 (on Replacement Sheet No. 3-23), Works Nos. 3/28A (part) and 3-28 (part) and points P3 and P1 (on Replacement Sheet No. 3-19)
Parishes of Coleshill and Water OrtonFootpath M43 between points P1 and P2 (on Sheet No. 3-26) and P1 and P2 (on Sheet No. 3-29)Footpath between points P1 and P1A (on Sheet No. 3-26), Work No. 3/156, Attleboro Lane, Vicarage Lane and point P2 (on Sheet No. 3-29)
Parish of Water OrtonAttleboro Lane between points P3 and P4Work No. 3/156
Footpath M40 between points P5 and P4Footpath between points P5, P3 and P4
Parish of CurdworthFaraday Avenue between points P2 and P1 (on Sheet No. 3-36) and P2 and P1 (on Sheet No. 3-37)Work No. 3/41
Hams Lane between points P3 and P4 (on Sheet No. 3-36) and P1 and P2 (on Sheet No. 3-38)Work No. 3/41C
Footpath M16 between points P3 and P4 (on Sheet No. 3-38) and P1, P2, P3 and P4 (on Sheet No. 3-40)Footpath between points P4, P6 and P5 (on Sheet No. 3-40) and Work No. 3/43
A4097 Kingsbury Road within the limits of deviation of Work No. 3/44Work No. 3/44
Footpath M14 between points P1 and P2Work No. 3/44A
Marston Lane (Byway M450) between points P6 and P7Byway between points P6, P8 and P7
Parish of Lea MarstonFootpath M23 between points P1, P2, P3 and P4 (on Replacement Sheet No. 3-46)Footpath between points P1, P7 (on Replacement Sheet No. 3-46), P5 and P6 (on Replacement Sheet No. 3-51) Work No. 3/47B (part) and point P4 (on Replacement Sheet No. 3-46)
Bridleway M23a between points P2 and P1 (on Replacement Sheet No. 3- 47) and P5 and P4 (on Replacement Sheet No. 3-46)Footpath between point P2 (on replacement Sheet No. 3-47), Work No. 3/47B and point P4 (on Replacement Sheet No. 3-46)
Footpath M22 between points P3, P2 and P1 (on Replacement Sheet No. 3-51) and points P6 and P4 (on Replacement Sheet No. 3-46)Footpath between points P3 and P4 (on Replacement Sheet No. 3-51), Work No. 3/47B (part) and point P4 (on Replacement Sheet No. 3-46)
Parishes of Wishaw and Moxhull and MiddletonCuttle Mill Lane and Byway T179 within the limits of deviation of Work No. 3/45BWork No. 3/45B
Parish of MiddletonBodymoor Heath Lane between points P10 and P11Works Nos. 3/50 and 3/50B
Brick Kiln Lane within Act limitsWork No. 3/50B
Footpath T17 between points P3 and P4Footpath between points P3, P5, P6, P7 and P8, Work No. 3/50 (part) and points P9, P12 and P4
A4091 Tamworth Road within the limits of deviation of Work No. 3/51Work No. 3/51
Park Lane within Act limitsWork No. 3/51A
Crowberry Lane between points P2 and P3Work No. 3/51B
Church Lane within Act limitsWork No. 3/52
Footpath T15 between points P1 and P2Work No. 3/54
County of Staffordshire District of Lichfield Parish of Drayton BassettShirrall Drive between points P1 and P2Road between point P1, Work No. 3/57, point P3, Work No. 3/58 and point P2
Bridleway Drayton Bassett 10 between points P1 and P2Bridleway between point P1, Work No. 3/57, point P3, Work No. 3/58 and point P2
Drayton Lane within Act limitsWork No. 3/58
A453 Carroway Head Hill and Sutton Road within Act limitsWork No. 3/59
Footpath Drayton Bassett 11 between points P1 and P2Footpath between points P1, P3 and P4, Work No. 3/61 and point P2
Parishes of Drayton Bassett and HintsBangley Lane within Act limitsWork No. 3/63
Bridleway Hints 20 within Act limitsWork No. 3/63
Parish of Hints with CanwellFootpath Hints with Canwell 9 between points P6 and P11Footpath between points P6, P8, P9, P10 and P11
Footpath Hints 8 between points P6 and P7Footpath between points P6, P8, P9, P10, P11 and P7
Footpath Hints 11 between points P7 and P8 (on Replacement Sheet No. 3-60)Footpath between points P7, and P11 (on Replacement Sheet No. 3-60) P15, P14 and P16 (on Replacement Sheet No. 3-62) and point P8 (on Replacement Sheet No. 3-60)
Footpath Hints 13 between points P9 and P6Footpath between points P9 and P3, Work No. 3/68A (part) and points P5, P12 and P6
Footpath Hints 14 between points P1 and P2Footpath between points P1, P9, P3, Work No. 3/68A (part) and points P4 and P2
Brockhurst Lane/Bridleway Hints 12 between points P6 and P10Road between point P6, Work No. 3/68A and point P10
Watling Street within the limits of deviation of Work No. 3/71Work No. 3/71
Footpath Hints 0.378 between points P1, P2, and P3Footpath between points P1, P4, P5 and P3
Footpath Hints 19 between points P8, P6 and P10Footpath between points P8, P9, P7, P4, P5 and P10
Bridleway Hints 4 between points P12 and P13Bridleway between points P12 and P14, Work No. 3/73 and point P13
Parishes of Hints with Canwell and WeefordA5 Trunk Road (Fazeley to Weeford New Road) within Act limitsWork No. 3/72
Parish of WeefordFlats Lane within the limits of deviation of Work No. 3/74Work No. 3/74
Parishes of Weeford and Swinfen and PackingtonTamworth Lane, bridleway Swinfen and Packington 5, Knox's Grave Lane and bridleway Swinfen and Packington 7 between points P4 and P1Road between point P4, Work No. 3/75, point P5, Work No. 3/74, point P3, Work No. 3/76 and point P1
Parish of Swinfen and PackingtonBridleway Swinfen and Packington 8 between points P6 and P7Bridleway between points P6 and P8, Work No. 3/77A and point P7
Jerrys Lane within the limits of deviation of Work No. 3/74Work No. 3/74
Parishes of Swinfen and Packington and WhittingtonA51 Tamworth Road within the limits of deviation of Work No. 3/80Work No. 3/80
Parish of WhittingtonFootpath Whittington 16 between points P3 and P6 (on Sheet No. 3-64) and P6 and P1 (on Sheet No. 3-65)Footpath between points P3, P4, P5 and P7 (on Sheet No. 3-64) and P5 and P1 (on Sheet No. 3-65)
Sandy Lane and bridleway Whittington 17 between points P2 and P7Road between point P2, Work No. 3/83, point P4, Work No. 3/84 and point P7
Darnford Lane within the limits of deviation of Work No. 3/85Work No. 3/85
Lichfield Road (Whittington Common Road) within Act limitsWork No. 3/84
Parishes of Whittington and Fradley and StreethayCappers Lane between points P8 and P9Road between point P8 (on Replacement Sheet No. 3-65), Work No. 3/86B and point P5 (on Replacement Sheet No. 3-69)
Parish of Fradley and StreethayBroad Lane between points P5 and P6Road between point P5, Works Nos. 3/86B (part) and 3/87B and point P6
Footpath Streethay 6 between points P8 and P9Footpath between points P8, P10, Work No. 3/88 and point P9
Bridleway Streethay 8 between points P1 and P2Bridleway between points P1 and P3, Work No. 3/87B (part) and point P2
A5127 Burton Road within Act limitsWork No. 3/89A
Footpaths Alrewas 31 and Streethay 7 between points P1 and P2Footpath between points P1, P11, P10, P9, P8, P7, P6, P5, P4, P3 and P2
Parishes of Fradley and Streethay and King's BromleyWood End Lane between points P1 and P2 (on Replacement Sheet No. 3-74) and between points P1 and P2 (on Replacement Street No. 3-75)Road between point P1 (on Replacement Sheet No. 3-74), Work No. 3/95B and point P2 (on Replacement Sheet No. 3-75)
Netherstowe Lane between points P3 and P4Road between point P3, Work No. 3/97A and point P2
Footpath Alrewas 44 between points P5 and P6Footpath between point P5, Work No. 3/97B (part) and points P7 and P6
Parish of King's BromleyFootpath King's Bromley 0.392 between points P3 and P4 (on Replacement Sheet No. 3-75)Footpath between points P3 and P5 (on Replacement Sheet No. 3-75), points P1, P3, P4, P7 and P2 (on Replacement Sheet No. 3-77) and points P6 and P4 (on Replacement Sheet No. 3-75)
Watery Lane within Act limitsWork No. 3/96D
A515 Lichfield Road within Act limitsWork No. 3/103
Footpath King's Bromley 6 between points P1, P2 and P4Footpath between points P1, P3 and P4
Metropolitan Borough of Solihull Parish of BerkswellFootpath M191 between points P1 and P2 (on Sheet No. 3-001) and between points P1 and P4 (on Sheet No. 3-002)Footpath between point P1, Kenilworth Greenway, points P3 and P2 (on Sheet No. 3-001) and between points P1, P2, P3 and P4 (on Sheet No. 3-002)
Footpath M192 between points P4, P5 and P6Footpath between points P4 and P6
Footpath M197 between points P1 and P3Footpath between points P1, P2 and P3
Lavender Hall Lane within the limits of deviation of Work No. 3/5Work No. 3/5
Footpath M196 between points P7 and P9Footpath between points P7, P8 and P9
Footpath M196 between points P5 and P6Footpath between points P5 and P7
Park LaneWork No. 3/5A
Footpath M215 between points P1 and P2Footpath between points P1 and P3, Work No. 3/7A and points P4 and P2
Footpath M216 between points P5 and P6Footpath between points P6, P2 and P4, Work No. 3/7A, points P3 and P1, footpaths M215 and M216, points T3, T4 and P5 and between points P5, P8, P9, P10 and P7, footpaths M217 and M216 and points T5 and P6
Footpath M217 between points P7 and P8Footpath between points P8, P9, P10 and P7
Bridleway M218 between points P1 and P2Bridleway between point P2, Work No. 3/9A, point P3, Works Nos. 3/9 (part) and 3/9C, Marsh Lane and point P1
Parishes of Berkswell and BalsallA452 Kenilworth Road within the limits of deviation of Work No. 3/5BWork No. 3/5B
Parishes of Berkswell, Hampton-in-Arden and MeridenA452 Kenilworth Road between points P11 (on Sheet No. 3-003) and P7 (on Sheet No. 3-004)Work No. 3/9
Parish of Hampton-in-ArdenFootpath M230A between points P4 and P5Footpath between points P4 and P6, Work No. 3/10, Meriden Road, point P8, Work No. 3/10A, point P9, Meriden Road, footpath M230A and point P5
Meriden Road between points P8 and P9Work No. 3/10
Diddington Lane between points P1 and P6 (stopped up to vehicular traffic only)Bridleway between points P1, P2, P3, P4, Work No. 3/15D and points P5 and P6
A45 Service Road within Act limitsWork No. 3/16B
Footpath M107 between points P1 and P2Footpath to be provided between points P1 and P3
Footpath M114 between points P8 and P10Footpath between point P8, Diddington Lane, Work No. 3/15C (part) and points P9 and P10
Diddington Lane within the limits of deviation of Work No. 3/15CWork No. 3/15C
Parishes of Hampton-in-Arden and BickenhillA452 Kenilworth Road between points P7 (on Sheet No. 3-005) and P1 (on Sheet No. 3-006)Work No. 3/19 (part)
A45 Coventry Road between points P1 (on Sheet No. 3-006) and P5 (on Sheet No. 3-007)Works Nos. 3/16 and 3/16A
Parish of BickenhillA452 Chester Road within Act limitsWorks Nos. 3/19, 3/22, 3/22E and 3/22G
Eastway within the limits of deviation of Works Nos. 3/16C and 3/21AWorks Nos. 3/16C and 3/21A
B4438 within Act limitsWorks Nos. 3/22 and 3/22B
Metropolitan Borough of Solihull, Parish of Bickenhill and County of Warwickshire, District of North Warwickshire, Parishes of Little Packington and ColeshillA446 Stonebridge Road within Act limitsWorks Nos. 3/22G, 3/22 (part) and 3/22E
City of BirminghamWater Orton Road between points P1 and P2Work No. 3/159
Wolseley DriveWork No. 3/206
Aston Church Road between points P1 (on Sheet No. 3-113) and P3 (on Sheet No. 3-112)Work No. 3/215
Arley Road between points P2 and P4 (on Sheet No. 3-112)Work No. 3/215A
High Street and Saltley Viaduct within the limits of deviation of Work No. 3/220Work No. 3/220
Crawford Street between points P1 and P2Work No. 3/220
Washwood Heath Road within the limits of deviation of Work No. 3/220Work No. 3/220
Lawley Middleway between points P6 and P7, P7 and P8, and P7 and P9Works Nos. 3/225 and 3/225A
Vauxhall Road within the limits of deviation of Work No. 3/225BWork No. 3/225B
Curzon Circus within Act limitsWorks Nos. 3/225 and 3/225B
Curzon Street between points P7 and P10 (on Sheet No. 3-116) and between points P7 and P8 (on Sheet No. 3-118)Works Nos. 3/225B and 3/227
New Canal Street between points P8 and P9Work No. 3/227

TABLE 3

(1)(2)(3)
AreaHighway or part to be stopped upExtent of temporary stopping up
London Borough of CamdenEndsleigh GardensEntire length
Gower PlaceEntire length
Upper Woburn PlaceWithin Act limits
Gordon StreetWithin Act limits
Gower StreetWithin Act limits
Euston RoadWithin Act limits
Euston SquareWithin Act limits
Grafton PlaceEntire length
Stephenson WayEntire length
North Gower StreetWithin Act limits
Regnart BuildingsEntire length
Eversholt StreetWithin Act limits
Euston StreetWithin Act limits
Lancing StreetEntire length
ChurchwayWithin Act limits
Doric WayEntire length
Drummond StreetWithin Act limits
Cobourg StreetEntire length
Starcross StreetWithin Act limits
Drummond CrescentEntire length
Chalton StreetWithin Act limits
Phoenix RoadWithin Act limits
A400 Hampstead RoadWithin Act limits
Polygon RoadWithin Act limits
Robert StreetEntire length
Varndell StreetEntire length
Aldenham StreetWithin Act limits
Harrington StreetEntire length
Barnby StreetEntire length
Stanhope StreetEntire length
Mackworth StreetEntire length
Augustus StreetEntire length
Granby TerraceEntire length
Lidlington PlaceEntire length
Harrington SquareWithin Act limits
Mornington CrescentWithin Act limits
Mornington TerraceEntire length
Mornington StreetWithin Act limits
Park Village EastWithin Act limits
Albany StreetWithin Act limits
Albert StreetWithin Act limits
Delancey StreetWithin Act limits
Gloucester GateWithin Act limits
Prince Albert RoadWithin Act limits
ParkwayWithin Act limits
Cumberland MarketWithin Act limits
Oakley SquareWithin Act limits
Juniper CrescentWithin Act limits
Gloucester AvenueWithin Act limits
Gloucester CrescentWithin Act limits
Regent's Park RoadWithin Act limits
Oval RoadWithin Act limits
St Mark's CrescentWithin Act limits
Princess RoadEntire length
St Mark's SquareEntire length
Edis StreetWithin Act limits
Sunny MewsEntire length
Fitzroy RoadWithin Act limits
Dumpton PlaceEntire length
Chalcot RoadWithin Act limits
Berkley RoadWithin Act limits
King Henry's RoadWithin Act limits
Bridge ApproachWithin Act limits
Adelaide RoadWithin Act limits
Eton RoadWithin Act limits
Fellows RoadWithin Act limits
Primrose Hill RoadWithin Act limits
Winchester RoadWithin Act limits
Hilgrove RoadWithin Act limits
Avenue RoadWithin Act limits
College CrescentWithin Act limits
Finchley RoadWithin Act limits
Alexandra RoadEntire length
Loudoun RoadWithin Act limits
Alexandra PlaceWithin Act limits
Belsize RoadWithin Act limits
Fairfax RoadWithin Act limits
Fairhazel GardensWithin Act limits
Abbey RoadWithin Act limits
Langtry RoadWithin Act limits
Springfield WalkBetween points T1 and T2
Kilburn PrioryWithin Act limits
Greville RoadWithin Act limits
Greville MewsEntire length
Springfield LaneWithin Act limits
Kilburn PlaceEntire length
West End LaneWithin Act limits
City of Westminster and London Boroughs of Brent and CamdenKilburn High RoadWithin Act limits
City of Westminster and London Borough of BrentOxford RoadWithin Act limits
Carlton ValeWithin Act limits
Kilburn LaneWithin Act limits
London Borough of Camden and City of WestminsterBoundary RoadWithin Act limits
City of WestminsterFernhead RoadWithin Act limits
Ashmore RoadWithin Act limits
Portnall RoadWithin Act limits
Herries StreetWithin Act limits
Beethoven StreetWithin Act limits
Fifth AvenueWithin Act limits
Abbey RoadWithin Act limits
Royal Borough of Kensington & ChelseaBarlby RoadWithin Act limits
North AvenueWithin Act limits
Junction AvenueWithin Act limits
Central AvenueBetween points T1 and T2
London Borough of Hammersmith & FulhamScrubs LaneWithin Act limits
Grand Union Canal towing pathBetween points T1 and T2
Braybrook StreetWithin Act limits
London Borough of BrentCambridge AvenueWithin Act limits
Coventry CloseWithin Act limits
Canterbury RoadWithin Act limits
Brondesbury VillasWithin Act limits
Woodville RoadWithin Act limits
Canterbury TerraceWithin Act limits
Denmark RoadEntire length
Albert RoadBetween points T1 and T2 (on Sheet No. 1-11) and between points T1 and T2 (on Sheet No. 1-12)
Salusbury RoadWithin Act limits
Premier CornerEntire length
Claremont RoadWithin Act limits
Allington RoadWithin Act limits
Banister RoadWithin Act limits
Chamberlayne RoadWithin Act limits
Buller RoadEntire length
Compton RoadEntire length
Warfield RoadWithin Act limits
Wakeman RoadWithin Act limits
Pember RoadEntire length
Halstow RoadWithin Act limits
Berens RoadWithin Act limits
Bayford RoadWithin Act limits
Rainham RoadWithin Act limits
West LinksEntire length
Manor Farm RoadWithin Act limits
London Borough of Brent and Royal Borough of Kensington & ChelseaHarrow RoadWithin Act limits
London Boroughs of Brent and EalingAlperton LaneWithin Act limits
London Borough of EalingWells House RoadWithin Act limits
Millway GardensWithin Act limits
Path between Wells House Road and Old Oak Common LaneWithin Act limits
Old Oak Common LaneWithin Act limits
Midland TerraceWithin Act limits
Victoria RoadWithin Act limits
A4000Within Act limits
Chandos RoadWithin Act limits
Old Oak LaneWithin Act limits
Atlas RoadEntire Length
Shaftesbury GardensWithin Act limits
Grand Union Canal towing pathWithin Act limits
Wales Farm RoadWithin Act limits
Chase RoadWithin Act limits
School RoadEntire length
Bethune RoadBetween points P2 and T1
Park Royal RoadWithin Act limits
St Leonard's RoadWithin Act limits
Path from Chase Road to Park Royal StationWithin Act limits
Gorst RoadWithin Act limits
Western AvenueWithin Act limits
Mansfield RoadWithin Act limits
Alliance RoadWithin Act limits
Path at Mason's Green footbridgeWithin Act limits
Hanger LaneWithin Act limits
West GateWithin Act limits
Path from Western Avenue to Brunswick RoadWithin Act limits
Public subway at the junction of Hanger Lane with Western AvenueBetween points T1, T2 and T3
May GardensWithin Act limits
Cycle path and path alongside Western AvenueWithin Act limits
Rydal CrescentWithin Act limits
Bideford AvenueWithin Act limits
Horsenden Lane SouthWithin Act limits
Chilham CloseWithin Act limits
Conway CrescentWithin Act limits
Rockware AvenueWithin Act limits
Greenford RoadWithin Act limits
Path from Greenford RoadBetween points T2 and T3
Oldfield Lane NorthWithin Act limits
Carr RoadWithin Act limits
Belvue RoadWithin Act limits
Badmington CloseEntire length
Mandeville RoadWithin Act limits
Public underpass beneath Mandeville RoadWithin Act limits
Belvue CloseWithin Act limits
Eastcote LaneWithin Act limits
Moat Farm LaneWithin Act limits
Cherry GardensWithin Act limits
Lynwood RoadWithin Act limits
London Borough of HillingdonGreat Central AvenueWithin Act limits
Station ApproachWithin Act limits
Long DriveWithin Act limits
Victoria RoadWithin Act limits
West End RoadWithin Act limits
Path from West End Road to Bell CloseWithin Act limits
Footpath east of Rabournmead DriveWithin Act limits
Footpath west of Rabournmead DriveWithin Act limits
Herlwyn AvenueWithin Act limits
Crosier WayWithin Act limits
Blenheim CrescentWithin Act limits
Ickenham High RoadWithin Act limits
Ickenham RoadWithin Act limits
Hill LaneWithin Act limits
The GreenwayWithin Act limits
Footpath U81Within Act limits
Footpath R146Between points P2 (on Sheet No. 1-34) and T1 (on Sheet No. 1-53)
Breakspear Road SouthWithin Act limits
Footpath U47Between points T1 and P2
Footpath U45Between points P2 and T2
Footpath U43Between points T2 and T3
Footpath U44Between points T2 (on Sheet No. 1-35) and T2 (on Sheet No. 1-53)
Bridleway U42Between points P4 (on Sheet No. 1-36) and T1 (on Sheet No. 1-48)
Footpath U49Between points T1 (on Sheet No. 1-36) and T1 (on Sheet No. 1-49)
Footpath U51Between points T2 (on Sheet No. 1-36) and T2 (on Sheet No. 1-49)
Newyears Green LaneWithin Act limits
Footpath U37Between points T2 and T3
Footpath U36Between points T4 and T5
Footpath U38Between points T6 and T7
Harvil RoadWithin Act limits
Swakeleys RoadWithin Act limits
Western AvenueWithin Act limits
Skip LaneWithin Act limits
Bridgwater RoadWithin Act limits
Bedford RoadWithin Act limits
Footpath U75Within Act limits
Footpath U34Between points T2, T3, T4, T5 and P2
Footpath (not on the definitive map) between Footpath U34 and Harvil RoadBetween points P1, P2, P3 (on Sheet No. 2-04) and P4, P6 and T7 (on Sheet No. 2-01)
Footpath U31Within Act limits
Footpath (not on the definitive map) between Harvil Road and Footpath U31Within Act limits
Footpath U32Within Act limits
Footpath U35Within Act limits
Footpath U50Within Act limits
Breakspear Road NorthWithin Act limits
Moorhall RoadWithin Act limits
Footpath U86Within Act limits
County of Buckinghamshire, District of South Bucks,Parish of IverThorney Lane SouthWithin Act limits
Hollow Hill Lane/Market LaneWithin Act limits
Borough of SloughLangley Park Road/Station RoadWithin Act limits
Hollow Hill Lane/Market LaneWithin Act limits
County of Buckinghamshire District of South Bucks Parish of DenhamFootpath DEN/48/3Within Act limits
Footpath DEN/20/1Within Act limits
Footpath DEN/20/2Within Act limits
Footpath DEN/48/2Entire length
Bridleway DEN/53/5Within Act limits
Bridleway DEN/53/4Within Act limits
Bridleway DEN/53/3Within Act limits
Bridleway DEN/53/2 and footpath DEN/49/1Within Act limits
Footpath DEN/48/1Within Act limits
Denham Court DriveWithin Act limits
A40 Denham RoundaboutWithin Act limits
Moorfield RoadWithin Act limits
Bridleway DEN/38/1Within Act limits
Shire Lane/ bridleway DEN/2/1Between points T1 (on Sheet No. 2-09) and P1 (on Sheet No. 2-11)
Parish of WexhamFootpath WEX/13/2Within Act limits
Trenches LaneWithin Act limits
County of Buckinghamshire, District of South Bucks, Parish of Denham and County of Hertfordshire, District of Three RiversA412 Denham Way (North Orbital Road)Within Act limits
Shire Lane / bridleway DEN/2/1/ Ricks 002Between points T1 (on Sheet No. 2-08) and T2 (on Sheet No. 2-09)
Shire Lane/ bridleway DEN/3/1/ Ricks 002Between points T2, P2, P5 and T3
County of Hertfordshire District of Three RiversBridleway Ricks 002Between points T1 (on Sheet No. 2-09), P10, P9, P3, P5 and T8 (on Sheet No. 2-10)
Bridleway Ricks 004Within Act limits
Tilehouse LaneBetween points T1 and T6 (on Sheet No. 2-10) and between points T7, P6 (on Sheet No. 2-10) and P1 (on Sheet No. 2-08)
Old Uxbridge RoadBetween points T1 and T2
Chalfont LaneBetween points P7, P8 and T8
Hornhill RoadWithin Act limits
M25 MotorwayWithin Act limits
County of Buckinghamshire District of Chiltern Parish of Chalfont St PeterShire LaneBetween points T8 (on Sheet No. 2-10) and T1 (on Sheet No. 2-13)
Bridleway CSP/44/1Between points P1 (on Sheet No. 2-11), P10, P9, P3, P5 and T8 (on Sheet No. 2-10)
Bridleway CSP/43/2Within Act limits
Footpath CSP/10/1Within Act limits
Footpath CSP/9/3Between points T1 and T2
Chesham LaneWithin Act limits
Parish of Chalfont St GilesFootpath CSG/32/1Within Act limits
Amersham RoadWithin Act limits
Pheasant HillWithin Act limits
High StreetWithin Act limits
Footpath CSG/32/4Between points T1 and T2
Footpath CSG/30/1Within Act limits
Footpath CSG/28/4Within Act limits
Parish of AmershamFootpath AMI/16/2Within Act limits
Footpath AMI/18/3Within Act limits
Whielden StreetWithin Act limits
A413 Amersham BypassWithin Act limits
Footpath AMS/26/3Within Act limits
Parishes of Amersham and ColeshillWhielden LaneWithin Act limits
Parishes of Amersham and Little MissendenA413 Amersham RoadWithin Act limits
Parish of Little MissendenBridleway LMI/42/1 and Footpath LMI/40/1Within Act limits
Footpath LMI/40/2Within Act limits
Bullbaiters Lane and Bridleway LMI/27/1Within Act limits
Footpath LMI/21/1Between points P3 (on Replacement Sheet No. 2-22) and P1 (on Replacement Sheet No. 2-24)
Parish of Great MissendenChesham RoadBetween points T2 and P23
Footpath GMI/26/1Within Act limits
Kings LaneWithin Act limits
Frith HillWithin Act limits
Potter RowWithin Act limits
Footpath GMI/13/3Within Act limits
Footpath GMI/12/1Within Act limits
Footpath GMI/2/1Between points T3 and T1
Leather LaneBetween points T4 and T5
A413 Missenden BypassWithin Act limits
Parish of The LeeFootpath TLE/3/1Within Act limits
Footpath TLE/2/2Within Act limits
District of Chiltern, Parish of The Lee and District of Aylesbury Vale, Parish of WendoverBowood LaneWithin Act limits
District of Aylesbury Vale Parish of WendoverFootpath WEN/37/1Within Act limits
Footpath WEN/38/1Within Act limits
Rocky LaneBetween points T4 (on Sheet No. 2-29) and T1 (on Sheet No. 2-30)
Footpath WEN39/1Between points T2, P5 and P2
Footpath WEN/40/1Between points T3, P4 and P2
Footpath WEN/39/2Between points T1, P1 and P2
Footpath WEN/33/1Within Act limits
Footpath WEN/36/1Within Act limits
Hale RoadWithin Act limits
Bridleway WEN/57/1Within Act limits
A413 Wendover Bypass/A413 London RoadWithin Act limits
London RoadWithin Act limits
Small Dean LaneBetween points T2, P2 and P3
Bacombe LaneBetween points T1, P1 and P4
Bridleway WEN/14/3Between points T1 and P2
Bridleway WEN/14/4Within Act limits
Bridleway WEN/14/5Within Act limits
Footpath WEN/13A/1Within Act limits
Bridleway WEN/15/4Within Act limits
Footpath WEN/44/2Within Act limits
Footpath WEN/11/1Within Act limits
Footpath WEN/11/2Between points T5, P8 and P7
Footpath WEN/6/3Between points T6 and P7
Footpath WEN/6/2Within Act limits
Ellesborough RoadWithin Act limits
Footpath WEN/6/1Within Act limits
Footpath WEN/55/1Within Act limits
Footpath WEN/4/2Within Act limits
Upper Icknield WayWithin Act limits
Unnamed Road off Bowood LaneWithin Act limits
District of Aylesbury Vale, Parish of Wendover and District of Wycombe, Parish of EllesboroughNash Lee LaneWithin Act limits
District of Wycombe Parish of EllesboroughFootpath ELL/25/1Between points T3 and P2
Footpath ELL/21/1Within Act limits
Nash Lee RoadBetween points T1 and T2 (on Sheet No. 2-33) and between points T5 (on Sheet No. 2-33) and P7 (on Sheet No. 2-32)
Footpath ELL/20/1Within Act limits
Footpath ELL/1/1Between points T5 and T6 and between points P16 and P17
Footpath ELL/2/1Between points P9 and P10
Footpath ELL/8/1Within Act limits
Footpath ELL/4/1Within Act limits
Parishes of Ellesborough and Great and Little Kimble cum MarshRoad leading to BishopstoneWithin Act limits
Parish of Great and Little Kimble cum MarshFootpath GLK/30/3Within Act limits
Footpath GLK/31/1Within Act limits
District of Aylesbury Vale Parish of Stoke MandevilleFootpath SMA/6/1Within Act limits
Footpath SMA/5/2Between points P5 and T4
Footpath SMA/5A/1Between points P7 and T4
Footpath SMA/5/1Between points T4 and P10
A4010 Risborough RoadBetween points P12 (on Sheet No. 2-33), T1 and T2 (on Sheet No. 2-34)
Old Risborough RoadBetween points P28 and T3 and between points P29 and T4
Marsh LaneBetween points T7 and T8, between points T9 and T10, between points P30 and T11 and between points P31 and T12
Footpath SMA/8/2Within Act limits
Footpath SMA/8/3Within Act limits
Footpath SMA/13A/2Within Act limits
Footpath SMA/9/1Within Act limits
Footpath SMA/9/2Within Act limits
Footpath SMA/10/1Within Act limits
Footpath SMA/15/1Within Act limits
Footpath SMA/15A/1Within Act limits
Footpath SMA/16/1Within Act limits
Footpath SMA/16/2Within Act limits
Footpath SMA/16/3Between points P8 and P12
Footpath SMA/11/1Within Act limits
Footpath SMA/11/2Between points P3 and T1
Bridleway SMA/22/1Within Act limits
Footpath SMA/18/1Within Act limits
Lower RoadWithin Act limits
Footpath SMA/17/3Between points P24 and P25
Parishes of Stoke Mandeville and Stone with Bishopstone and HartwellFootpath SBH/17/3Within Act limits
Parish of Stone with Bishopstone and HartwellFootpath SBH/29/1Within Act limits
Footpath SBH/34/1Within Act limits
Path adjacent to Footpath SBH/34/1Within Act limits
Footpath SBH/28/1 and SBH/28/2Between points P17 (on Replacement Sheet No. 2-36) and P1 (on Replacement Sheet No. 2-37)
Footpath SBH/17A/1Between points P15 and T3
Bridleway SBH/19/7Between points T4 and P23
Bridleway SBH/19/9Within Act limits
Footpath SBH/27/1Between points T1, P1, P2 and T2
Footpath SBH/34/1Between points P3, P4 and T3
A418 Oxford RoadWithin Act limits
Footpath SBH/3/1Within Act limits
Footpath SBH/32/1Within Act limits
Footpath SBH/32/2Within Act limits
Footpath SBH/32/3Within Act limits
Footpath SBH/32/4Within Act limits
Bridleway SBH/2/3Within Act limits
Bridleway SBH/2/4Within Act limits
Road leading to BradstoneWithin Act limits
Parish of AylesburyFootpath AYL/3A/1Within Act limits
Footpath AYL/4/2Within Act limits
Footpath AYL/4/1Within Act limits
Footpath AYL/5/1Within Act limits
Footpath AYL/39/1Within Act limits
Footpath AYL/37/1Within Act limits
Parrott CloseWithin Act limits
Stratford DriveWithin Act limits
Bonham CloseWithin Act limits
Miles EndWithin Act limits
Tolman CourtWithin Act limits
Lavender CloseWithin Act limits
Lupin WalkWithin Act limits
FoxgloveWithin Act limits
Nene CloseWithin Act limits
Parish of ColdharbourFootpath CDH/1/1Within Act limits
Footpath CDH/1/2Within Act limits
Parish of Fleet MarstonUnnamed Road (on Sheet No. 2-42)Within Act limits
Parishes of Fleet Marston and WaddesdonBridleway FMA/1/1Between points T1 and P1
Footpath FMA/2/1Within Act limits
A41 Bicester Road and Aylesbury RoadBetween points T2 and T3 (on Sheet No. 2-43) and within Act limits (on Sheet No. 2-44)
Parish of WaddesdonBridleway WAD/8/3Within Act limits
Footpath WAD/7A/5Within Act limits
Footpath WAD/6/4Between points P1 and T1
Blackgrove RoadWithin Act limits
Footpaths WAD/5/1 and WAD/5/2Between points T4 and P13
Footpath WAD/4/2Between points T2 and T3
Footpath WAD/3/4Within Act limits
Footpath WAD/4A/1Between points P1 and T2 and between points T5 and T6
Fidlers Field LaneBetween points T1 and T2
Station RoadWithin Act limits
Parishes of Waddesdon and QuaintonQuainton RoadWithin Act limits
Parish of QuaintonFootpath QUA/30/1Within Act limits
Footpath QUA/31/4Within Act limits
Footpath QUA/29A/2Within Act limits
Footpath QUA/26/1Between points T2 and P5
Footpath QUA/28A/1Within Act limits
Footpath QUA/28A/2Within Act limits
Footpath QUA/35/2Within Act limits
Footpath QUA/24A/1Between points T1 and P4
Edgcott RoadWithin Act limits
Footpath QUA/25/1Within Act limits
Footpath QUA/25A/1Within Act limits
Footpath QUA/25/2Within Act limits
Unnamed Road (on Sheet Nos. 2-48 and 2-50)Within Act limits
Footpath QUA/39/1Between points T1 and T2
Footpath QUA/38/2Between points T3 and T4
Footpath QUA/35/1Within Act limits
Bridleway QUA/36/2Within Act limits
Bridleway QUA/36/3Within Act limits
Station RoadWithin Act limits
Footpath QUA/35A/1Within Act limits
Bridleway QUA/37/1Within Act limits
Parishes of Quainton and HogshawFootpath QUA/40/4Between points T5 and T6
Parish of HogshawFootpath HOG/7/1Between points T1 and T2
Parishes of Quainton, Hogshaw and East ClaydonUnnamed Road (on Sheet Nos. 2-51 and 2-52)Within Act limits
Parish of East ClaydonGranborough RoadWithin Act limits
Parish of Grendon UnderwoodBridleway GUN/25/1Within Act limits
Bridleway GUN/25/2Within Act limits
Bridleway GUN/28/1Within Act limits
Bridleway GUN/31/1Between points P6 and P7
Bridleway GUN/31/2Within Act limits
Footpath GUN/24/1Within Act limits
Footpath GUN/23/1Within Act limits
Main StreetWithin Act limits
Unnamed Road (on Additional Sheet No. 2-48A)Within Act limits
Parish of Middle ClaydonBridleway GUN/33/2Within Act limits
Bridleway MCL/18/2Within Act limits
Parish of Calvert GreenBridleway CAG/3/1Within Act limits
Footpath CAG/2/1Within Act limits
Bridleway SCL/18/1Within Act limits
Bridleway SCL/18/2Within Act limits
Footpath CAG/5/1Within Act limits
Footpath SCL/17/1Within Act limits
Footpath CAG/4/3Between points P4 and P5
Footpath CAG/1/1Within Act limits
Parish of Steeple ClaydonFootpath SCL/13/2Within Act limits
Footpath SCL/12/1Between point T5 and T6
Addison RoadWithin Act limits
Footpath SCL/8/1Within Act limits
West StreetWithin Act limits
School HillWithin Act limits
Footpath SCL/7/1Between points T1 and P6
Footpath SCL/9/1Between points T2 and P2
Footpath SCL/8/4Between points T3 (on Sheet No. 2-59) and P4 (on Sheet No. 2-58)
Footpath SCL/9/2Within Act limits
Footpath SCL/8/3Within Act limits
Footpath SCL/6/2Within Act limits
Footpath SCL/6/3Within Act limits
Parishes of Steeple Claydon and TwyfordFootpaths SCL/6/1 and TWY/5/1Between points T1 (on Sheet No. 2-58) and P10 (on Sheet No. 2-57)
Parish of TwyfordFootpath TWY/4/1Between points P1 and P5
Footpath TWY/18/2Within Act limits
Footpath TWY/17/1Within Act limits
Footpath TWY/16/1Within Act limits
Footpath TWY/19/3Within Act limits
West StreetWithin Act limits
Byway PBI/5A/2Within Act limits
Parishes of Twyford and Preston BissettPerry HillWithin Act limits
Parish of Preston BissettByway PBI/5A/3Between points T1 and T2
Footpath PBI/6/2Within Act limits
Footpath PBI/5A/1Within Act limits
Footpath PBI/6/1Within Act limits
Footpath PBI/6/3Within Act limits
Footpath PBI/5(F)/5Within Act limits
Footpath PBI/5(F)/6Within Act limits
Footpath PBI/5(F)/7Within Act limits
Footpath PBI/9/3Within Act limits
Bridleway CHW/24/2Between points T5 and T4
Parish of ChetwodeThe GreenWithin Act limits
Footpath CHW/18/1Within Act limits
Footpath CHW/11/1Within Act limits
School EndWithin Act limits
Bridleway CHW/24/1Within Act limits
Bridleway CHW/24/2Within Act limits
Footpath CHW/25/1Within Act limits
Parish of Barton HartshornFootpath BHA/2/1Within Act limits
Footpath BHA/2/2Between points T4 and P2
Footpath BHA/3/1Within Act limits
School EndWithin Act limits
Parishes of Barton Hartshorn and ChetwodeFootpath BHA/4/2Within Act limits
County of Oxfordshire District of Cherwell Parish of GodingtonBridleway 225/4Between points T3 and T4
Footpath 225/5Within Act limits
Bridleway 225/4/10Within Act limits
Parish of Newton Purcell with ShelswellFootpath 308/2Within Act limits
Footpath 308/3Within Act limits
Parishes of Newton Purcell with Shelswell and FinmereA4421 Buckingham RoadWithin Act limits
Bridleway 213/7Between points T1 and T2
Parish of FinmereBridleway 213/4Between points T3 and T4
Footpath 213/1Between points T2 and T3
Parishes of Finmere and MixburyA421 London RoadWithin Act limits
Parish of MixburyFeatherbed LaneWithin Act limits
Church LaneWithin Act limits
Footpath 303/7Between points T1 and P3
Bridleway 303/5/10Between points T4, P6, P7, P10 and T5 (on Sheet No. 2-69) and between points T1 and T2 (on Sheet No. 2-70)
Bridleway 303/4/30Between points T1 and P3A and between points T8 and T9
Bridleway 303/4/20Within Act limits
Bridleway 303/6/10Within Act limits
Bridleway 303/22/20Between points T10 and P3A
Bridleway 303/22/10Within Act limits
County of Buckinghamshire District of Aylesbury Vale Parish of WestburyFootpath WBB/16/2Within Act limits
Footpath WBB/17/1Within Act limits
Parishes of Westbury and TurwestonA422 Brackley RoadWithin Act limits
Parish of TurwestonFootpath TUW/3/2Between points T2 (on Sheet No. 2-72), P5 and P1 (on Sheet No. 2-74)
Footpaths TUW/11/1 and TUW/11/2Between points T3 (on Sheet No. 2-72) and T1 (on Sheet No. 2-73)
Bridleways TUW/8/2 and TUW/8/1Between points T4 (on Sheet No. 2-72) and T2 (on Sheet No. 2-73)
Unnamed Road (on Sheet No. 2-74)Within Act limits
Footpaths TUW/4/1, TUW/4/2 and TUW/4/3Within Act limits
Bridleway TUW/9/2Between points P1 and P2
Bridleway TUW/7/1Between points T1 and T2
Footpath TUW/5/1Within Act limits
County of Northamptonshire District of South Northamptonshire Parish of WhitfieldFootpath BD2Within Act limits
Footpath BD4Within Act limits
Bridleway BD7Between points P8 and P13
Footpath BD8Within Act limits
Bridleway BD10Within Act limits
The AvenueWithin Act limits
Parishes of Whitfield and BrackleyOxford RoadWithin Act limits
Parish of RadstoneBridleway AX14Between points P7 (on Sheet No. 2-75) and T3 (on Sheet No. 2-77)
Bridleway AX18 and footpath AX5Within Act limits
Bridleway AX19Within Act limits
Bridleway AX15Between points P18 and P24
Bridleway AX1Between points T2 and P3
Footpath AX7Within Act limits
Whitfield Road/Unnamed RoadWithin Act Limits
Parishes of Radstone and HelmdonBrackley RoadWithin Act limits
Parish of GreatworthBridleway AN28Within Act limits
Footpath AN22Between points T1 and T3
Bridleway AN37Within Act limits
Footpath AN19Between points T3 and T4
Helmdon RoadWithin Act limits
Bridleway AN14Between points T5 and T6
Footpath AN13Between points T1 and T2
Footpath AN4Between points T4 and T9
Footpath AN40Between points T3 and T5
Footpath AN42Between points T6 and T7
Sulgrave RoadWithin Act limits
Parishes of Greatworth, Culworth, Marston St Lawrence and Chipping Warden and EdgcoteWelsh RoadWithin Act limits
Parishes of Greatworth and SulgraveFootpaths AN39, AN6 and AY12Between points T8 (on Sheet No. 2-80), T7 and T5 (on Sheet No. 2-81)
Parishes of Marston St Lawrence and SulgraveSulgrave RoadWithin Act limits
Parish of Thorpe MandevilleBanbury LaneWithin Act limits
Footpath BB4Between points T1 and T2
Banbury RoadBetween points T1 and T2
Parish of CulworthBridleway AG10Within Act limits
Bridleway AG9Within Act limits
High StreetWithin Act limits
Parishes of Culworth and Chipping Warden and EdgcoteWardington RoadWithin Act limits
Culworth RoadWithin Act limits
A361 Byfield RoadWithin Act limits
Footpath AE17Within Act limits
Footpath AE16Between points T1 and T2
Parish of Chipping Warden and EdgcoteFootpath AE5Within Act limits
Footpath AE12Within Act limits
Footpath AE20Between points P8, P6, P3, P5 and P17
Footpath AE21Within Act limits
Footpath AE28Within Act limits
West Farndon RoadWithin Act limits
Footpath AE16Within Act limits
Footpath AE18Within Act limits
Footpath AE19Within Act limits
A361 Banbury RoadWithin Act limits
Appletree RoadWithin Act limits
Parish of Aston Le WallsAppletree LaneWithin Act limits
Footpath AA8Between points T1 and T2
Footpath AA7Within Act limits
Parish of BoddingtonClaydon RoadWithin Act limits
Banbury RoadWithin Act limits
Warwick RoadWithin Act limits
County of Warwickshire District of Stratford-on-Avon Parish of StonetonStoneton LaneWithin Act limits
Footpath SM116aWithin Act limits
Parishes of Stoneton and WormleightonFootpath SM101Within Act limits
Parish of WormleightonWormleighton Road and Boddington RoadWithin Act limits
Footpath SM200Within Act limits
A423 Banbury RoadWithin Act limits
Parishes of Wormleighton and RadbournBridleway SM116Within Act limits
Parish of RadbournFootpath SM96aWithin Act limits
Bridleway SM96 as shown on the definitive mapWithin Act limits
Parishes of Radbourne and LadbrokeRadbourne LaneBetween points P6, P5 and P9 and within Act limits
Parish of Napton-on-the-HillWelsh RoadWithin Act limits
Parish of LadbrokeE2413 Radbourne LaneWithin Act limits
Footpath SM90Within Act limits
Ladbroke Hill LaneWithin Act limits
Footpath SM89Within Act limits
Parishes of Ladbroke and SouthamA423 Banbury RoadBetween points T1 and T2 and within Act limits
Footpath SM33Between points P1, P1A, P1B and P2
Parishes of Southam, Ufton and Long ItchingtonA425 Leamington Road and Southam RoadWithin Act limits
Parish of Long ItchingtonFootpath SM24Within Act limits
Footpath SM19Within Act limits
Parishes of Long Itchington and UftonBascote RoadWithin Act limits
Welsh RoadWithin Act limits
Parish of UftonUfton HillWithin Act limits
Ridgeway LaneWithin Act limits
District of Warwick Parish of OffchurchGrand Union Canal towing pathWithin Act limits
Ridgeway LaneWithin Act limits
Welsh RoadWithin Act limits
Long Itchington RoadWithin Act limits
Footpath W129yWithin Act limits
Footpath W129cWithin Act limits
Footpath W129xWithin Act limits
Offchurch Greenway surfaced cycle track (not on definitive map)Within Act limits
Footpath W192Within Act limits
Fosse WayWithin Act limits
Parish of CubbingtonMill StreetWithin Act limits
Footpath W129dWithin Act limits
Rugby RoadWithin Act limits
A445 Leicester LaneWithin Act limits
Footpath W137Within Act limits
Parishes of Cubbington and Weston under WetherlyFootpath W129dWithin Act limits
Footpath W130Within Act limits
Parish of Weston under WetherleyFootpath W129xWithin Act limits
Parishes of Cubbington and StoneleighFootpath W130bWithin Act limits
Parish of StoneleighBridle RoadWithin Act limits
Stareton RoadWithin Act limits
Bridleway W164Within Act limits
Bridleway W165xWithin Act limits
Footpath W158Within Act limits
Crew LaneWithin Act limits
Parish of KenilworthFootpath K29Within Act limits
Footpath K7Within Act limits
Parish of Burton GreenCryfield Grange RoadWithin Act limits
Bockendon RoadWithin Act limits
Blind LaneWithin Act limits
Footpath W167Within Act limits
Footpath W168Within Act limits
Footpath W168aWithin Act limits
Footpath W169Within Act limits
Red LaneWithin Act limits
Cromwell LaneWithin Act limits
Hodgetts LaneWithin Act limits
Metropolitan Borough of Solihull Parish of BerkswellFootpath M182aWithin Act limits
Footpath M186Within Act limits
Footpath M187Within Act limits
Footpath M182Within Act limits
Hob LaneWithin Act limits
Footpath M183Within Act limits
Footpath M184Within Act limits
Waste LaneWithin Act limits
Footpath M191Within Act limits
Footpath M192Within Act limits
Kenilworth Greenway surfaced cycle track (not on definitive map)Within Act limits
Truggist LaneWithin Act limits
Footpath M198Within Act limits
Footpath M196Within Act limits
Footpath M214Within Act limits
Footpath M215Within Act limits
Footpath M216Between points T3, T4, P5, P6 and T5 and between points T9 and T10
Footpath M217Within Act limits
A452 Kenilworth RoadWithin Act limits
Bridleway M218Between points T1 and P1
Parishes of Berkswell and BalsallPark LaneEntire length
A452 Kenilworth RoadWithin Act limits
Parishes of Berkswell, Hampton-in-Arden and MeridenA452 Kenilworth RoadWithin the limits of deviation of Work No. 3/9
Parishes of Hampton-in-Arden and BerkswellMarsh LaneWithin Act limits
Parish of Hampton-in-ArdenFootpath M230ABetween points T2 and P5
Meriden RoadBetween points T3 and P9 (on Sheet No. 3-004) and within Act limits (on Sheet No. 3-005)
Diddington LaneWithin Act limits
Footpath M114Within Act limits
Footpath M115Within Act limits
A452 Kenilworth RoadBetween points T1 and P1 (on Sheet No. 3-006)
Eastway Link RoadWithin Act limits
A45 Coventry RoadWithin Act limits
Old Station RoadBetween points T2 and P3
Footpath M107Within Act limits
Parishes of Bickenhill and Hampton-in-ArdenM42 MotorwayWithin Act limits
Parish of BickenhillA452 Chester RoadWithin Act limits
Bickenhill LaneWithin Act limits
Footpath M104Within Act limits
Blackfirs LaneWithin Act limits
EastwayWithin Act limits
Middle Bickenhill LaneBetween points T6 and P5
Parishes of Bickenhill, Chelmsley Wood and ColeshillColeshill Heath RoadWithin Act limits
Parish of Chelmsley WoodBluebell DriveWithin Act limits
Yorkminster DriveWithin Act limits
Lycroft AvenueWithin Act limits
Paths (not on the definitive map) within Bluebell Recreation GroundWithin Act limits
Parish of Dickens HeathTanworth LaneWithin Act limits
Metropolitan Borough of Solihull, Parishes of Bickenhill and Chelmsley Wood and County of Warwickshire, District of North Warwickshire, Parish of ColeshillM42/M6 Westbound LinkWithin Act limits
M6 Motorway and sliproadsWithin Act limits
County of Warwickshire, District of North Warwickshire, Parish of Coleshill and Metropolitan Borough of Solihull, Parish of Chelmsley WoodFootpath M77Within Act limits
County of Warwickshire, District of North Warwickshire, Parish of Little Packington and Metropolitan Borough of Solihull, Parish of BickenhillPackington LaneWithin Act limits
County of Warwickshire District of North Warwickshire Parish of Great PackingtonFootpath M96Within Act limits
Parish of Little PackingtonFootpath M105Within Act limits
Parishes of Little Packington and ColeshillA446 Stonebridge RoadWithin Act limits
B4438Within Act limits
Footpath M83Within Act limits
M6 MotorwayWithin Act limits
M6 Motorway to M42 Motorway link roadWithin Act limits
Parish of ColeshillM42/M6 Eastbound linkWithin Act limits
Footpath M72Within Act limits
Footpath M76Within Act limits
Birmingham RoadWithin Act limits
Manor DriveWithin Act limits
Footpath M56Within Act limits
Footpath M54Within Act limits
Footpath M60Within Act limits
Footpath M62Within Act limits
Footpath M63Within Act limits
M42 Motorway and link roads between junctions 7 and 8Within Act limits
Gilson RoadWithin Act limits
Gilson DriveWithin Act limits
Gorsey LaneWithin Act limits
Footpath M58Within Act limits
Footpath M57Within Act limits
Footpath M54Within Act limits
M6/M42 Motorway Link RoadWithin Act limits
Attleboro LaneWithin Act limits
Footpath M55Within Act limits
Footpath M43Within Act limits
Parishes of Coleshill, Water Orton, Curdworth, Wishaw and MoxhullA446 Lichfield RoadWithin Act limits
County of Warwickshire, District of North Warwickshire, Parish of Water Orton and Metropolitan Borough of Solihull, Parish of Smith's WoodSubway under M6 MotorwayBetween points T1 and T2
County of Warwickshire District of North Warwickshire Parishes of Coleshill and Water OrtonM42/M6 Toll Motorway between junctions 8 and 9Within Act limits
Parish of Water OrtonGilson RoadWithin Act limits
Watton LaneWithin Act limits
Gypsy LaneBetween points T1 and T2
Footpath M40Within Act limits
Plank LaneWithin Act limits
Marsh LaneWithin Act limits
Footpath M55Within Act limits
Footpath M36Within Act limits
Parish of CurdworthFaraday AvenueWithin Act limits
Edison RoadWithin Act limits
Footpath M30Within Act limits
Footpath M16Within Act limits
A4097 Kingsbury RoadWithin Act limits
M42 Motorway between junctions 9 and 10Within Act limits
Marston Lane and Byway M450Within Act limits
Footpath M14Within Act limits
Birmingham and Fazeley Canal towing pathWithin Act limits
Footpath M23Between points T1 and P1
Footpath M6Within Act limits
Parish of Lea MarstonChurch LaneWithin Act limits
Old Kingsbury RoadWithin Act limits
Footpath T26Within Act limits
Footpath M23Within Act limits
Seeney LaneWithin Act limits
Bridleway M23aWithin Act limits
Parishes of Coleshill, Lea Marston and ShustokeFootpath M30Within Act limits
Parish of KingsburyBridleway T18Within Act limits
Parishes of Curdworth and Wishaw, Wishaw and Moxhull and MiddletonByway T179Within Act limits
Byway M450Within Act limits
Parish of WishawFootpath M3Within Act limits
Parishes of Wishaw and MiddletonA4091 Tamworth RoadWithin Act limits
Parishes of Wishaw and Moxhull and MiddletonCuttle Mill LaneWithin Act limits
Parish of MiddletonBrick Kiln LaneWithin Act limits
Bodymoor Heath LaneWithin Act limits
Footpath T17Between points T1 and P3
Crowberry LaneWithin Act limits
Church LaneWithin Act limits
Footpath T15Within Act limits
Byway T179Within Act limits
Footpath T3Within Act limits
Coppice LaneWithin Act limits
County of Staffordshire District of Lichfield Parish of Drayton BassettShirrall Drive and Bridleway Drayton Bassett 10Within Act limits
A453 Sutton Road and Carroway Head HillWithin Act limits
Bridleway Drayton Bassett 9Within Act limits
Drayton LaneWithin Act limits
Bridleway Drayton Bassett 11Within Act limits
Bridleway Drayton Bassett 3Within Act limits
Parish of FazeleyFootpath Fazeley 1Within Act limits
Parish of Hints with CanwellBangley Lane and Bridleway Hints 20Within Act limits
Footpath Hints 7Within Act limits
Footpath Hints 20Within Act limits
Footpath Hints 9Within Act limits
Footpath Hints 14Within Act limits
Footpath Hints 13Within Act limits
Footpath Hints 8Within Act limits
Brockhurst Lane and Bridleway Hints 12Within Act limits
Footpath Hints 19Within Act limits
Footpath Hints 5Within Act limits
Watling StreetWithin Act limits
Bridleway Hints 3Within Act limits
Bridleway Hints 4Within Act limits
Footpath Hints 11Within Act limits
Parish of WeefordBridleway Weeford 0.479Within Act limits
Flats LaneWithin Act limits
Bridleway Weeford 0.477Within Act limits
Parishes of Swinfen and Packington and WhittingtonA51 Tamworth RoadWithin Act limits
Parish of LichfieldRoad off A5206 London Road (on Replacement Sheet No. 3-67)Within Act limits
Parish of WhittingtonBridleway Swinfen and Packington 9Within Act limits
Sandy Lane and Bridleway Whittington 17Within Act limits
Footpath Whittington 16Within Act limits
Bridleway Whittington 20Within Act limits
Footpath Whittington 16Within Act limits
Footpath Whittington 15Within Act limits
Broad LaneWithin Act limits
Brook Hay LaneWithin Act limits
Parishes of Whittington and Fradley and StreethayWyrley and Essington Canal towing pathWithin Act limits
Marsh LaneWithin Act limits
Cappers LaneWithin Act limits
Darnford LaneWithin Act limits
Stockford LaneWithin Act limits
Parish of Fradley and StreethayBridleway Streethay 8Within Act limits
Bridleway Fradley and Streethay 2Within Act limits
Footpath Streethay 6Within Act limits
Gorse LaneBetween points T5 and T6
Footpath Alrewas 44Within Act limits
Trent and Mersey Canal towing pathWithin Act limits
Broad LaneWithin Act limits
Ash Tree LaneWithin Act limits
A38Within Act limits
Footpath Streethay 7 and Alrewas 31Within Act limits
Netherstowe LaneWithin Act limits
Parishes of Swinfen and Packington, Fradley and Streethay and LichfieldA38 Rykneld StreetWithin Act limits
Parish of Curborough and ElmhurstFootpath Curborough and Elmhurst 13bWithin Act limits
Footpath Curborough and Elmhurst 10bWithin Act limits
Parishes of Curborough and Elmhurst and LichfieldWatery LaneWithin Act limits
Parish of LichfieldA5192 Eastern AvenueWithin Act limits
Footpath Lichfield City 8(b)Within Act limits
Parishes of Swinfen and Packington and LichfieldA5206 London RoadWithin Act limits
A5148Within Act limits
Parish of King's BromleyFootpath King's Bromley 0.392Within Act limits
Trent and Mersey Canal towing pathBetween points T1 and T2
A515 Lichfield RoadWithin Act limits
Shaw LaneBetween points T1 and T2
Footpath King's Bromley 0.391Within Act limits
Footpath King's Bromley 17Within Act limits
Park LaneWithin Act limits
Footpath Alrewas 45Within Act limits
Watery LaneWithin Act limits
Shaw LaneWithin Act limits
Parishes of Fradley and Streethay and King's BromleyWood End LaneWithin Act limits
Parish of LongdonLichfield RoadWithin Act limits
Footpath Longdon 35Within Act limits
Parish of ColtonFootpath Colton 70Within Act limits
Footpath Colton 71Within Act limits
City of BirminghamWater Orton RoadWithin Act limits
Javelin AvenueWithin Act limits
Right of way (not on the definitive map) south of Javelin AvenueWithin Act limits
Lancaster DriveWithin Act limits
Blenheim WayWithin Act limits
Tameside DriveWithin Act limits
Orton WayWithin Act limits
Langley DriveWithin Act limits
A452 Chester RoadWithin Act limits
Wanderer WalkWithin Act limits
Bromford DriveWithin Act limits
Bromford LaneWithin Act limits
Bromford RoadWithin Act limits
Cuckoo RoadWithin Act limits
Heartlands ParkwayWithin Act limits
Watson Road EastWithin Act limits
Aston Church RoadWithin Act limits
Grand Union Canal towing pathWithin Act limits
Arley RoadWithin Act limits
Washwood Heath RoadWithin Act limits
Cranby StreetWithin Act limits
Adderley RoadWithin Act limits
High StreetWithin Act limits
Alum Rock RoadWithin Act limits
Crawford StreetWithin Act limits
Gate StreetWithin Act limits
Erskine StreetWithin Act limits
Duddleston Mill RoadWithin Act limits
Dollman StreetWithin Act limits
Northumberland StreetWithin Act limits
Viaduct StreetWithin Act limits
St James' PlaceWithin Act limits
Landor StreetWithin Act limits
Digbeth Branch Canal towing path (not on definitive map)Within Act limits
Belmont RowWithin Act limits
Curzon StreetWithin Act limits
Lawley MiddlewayWithin Act limits
New Canal StreetWithin Act limits
Garrison CircusWithin Act limits
Garrison LaneWithin Act limits
Great Barr StreetWithin Act limits
Derby StreetWithin Act limits
St Andrew's RoadWithin Act limits
Watery Lane MiddlewayWithin Act limits
Andover StreetBetween points T1 and P1
Fazeley StreetBetween points T2 and P3
New Bartholomew StreetWithin Act limits
Bordesley StreetWithin Act limits
B4114Within Act limits
Masshouse LaneWithin Act limits
Park StreetBetween points T3 and P5
Moor StreetWithin Act limits
Moor Street QueenswayWithin Act limits
Lawford CloseWithin Act limits
Redfern RoadWithin Act limits
Duddeston Mill RoadWithin Act limits
Adderley Road SouthWithin Act limits

Section 4(2)

SCHEDULE 5Acquisition of land for particular purposes

The purposes for which land specified in the following table may be acquired under section 4(1) include (but are not limited to) the purpose specified in relation to that land in the third column of the table.

AreaNumber of land shown on deposited plansPurpose for which land may be acquired or used
London Borough of Camden4, 13, 79a, 99Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
68, 69, 93, 162, 163, 236, 369, 401 to 411, 508, 522, 665, 704, 721, 724, 727, 750, 791, 792, 794 to 796, 801 to 805, 807 to 811, 901, 912, 978, 1017, 1051Diversion or installation of, or works to, utilities apparatus
78, 110, 816, 817, 819, 820, 822, 829, 834, 847, 848, 849, 852, 854, 855, 856, AP3-22Provision of worksite and access for construction
140a, 142Provision of worksite and access for construction
Diversion or installation of, or works to utilities apparatus
Installation of ground anchors
90, 151 to 154, 157, 159, 177, 180, 181Installation of ground anchors
363Provision of electricity supply system and access
434Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
AP3-5Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
London Borough of Brent28, 29, 48, 50, 55, 58, 78, 87, 185, 374, AP4-13 to AP4-15Diversion or installation of, or works to, utilities apparatus
53a, 54a, AP4-6, AP4-10Provision of worksite and access for construction
Royal Borough of Kensington & Chelsea1 to 3Provision of worksite and access for construction
Provision and renewal of railway systems for operational purposes and drainage
16, 19Diversion or installation of, or works to, utilities apparatus
London Borough of Hammersmith & Fulham5, 6, 50c, 67, AP4-3, AP4-7, AP4-9 to AP4-11Provision of worksite and access for construction
12, 13, 21a, 22c, 22e, 28, 29, 37, 48, 50a, 50b, 63, 66, 71, 73, 75, 76Diversion or installation of, or works to, utilities apparatus
77Provision of environmental mitigation
AP4-1Provision of worksite and access for construction and maintenance
London Borough of Ealing5, 7, 8, 9, 12, 13, 29, 30, 118a, 120a, 124a, 124b, 132, 156, 223, 229, 233, 265, 562, 787a, 788 to 790, 946 to 949Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
20, 21, 35, 36, 40, 41, 44, 45, 48, 49, 52, 53, 56, 57, 60, 61, 64, 65, 68, 69, 72, 73, 76, 77, 80, 81, 84, 125a, 125b, 126, 127a, 127b, 142 to 144, 145a, 152 to 154, 155a, 155b, 190, 193, 194, 196, 200, 202, 204 to 206, 209, 214, 216 to 219, 221, 222, 228, 231, 232, 235, 237, 240, 242, 251, 254 to 257, 259, 267, 269, 271, 272, 274, 277, 282 to 289, 438, 439, AP2-13, AP2-15, AP2-17, AP2-21, AP4-8, AP4-10, AP4-16, AP4-17Provision of worksite and access for construction
103, 106Provision of worksite and access for construction
Provision and renewal of railway systems for operational purposes and drainage
Diversion or installation of, or works to, utilities apparatus
119, 121, 150, 151, 157, 158, 165Provision of worksite and access for construction
Reinstatement of businesses or facilities
Diversion or installation of, or works to, utilities apparatus
133 to 139, 295, 297, 298, 314, 315, 322 to 324, 396, 406, 408, 445, 456 to 461, 471, 579, 580, 716, 770, 771, 798, 799, 805 to 807, 842 to 844, 849, 867, 898, 922, 925, 926, 942, 944, 945, 957 to 964, 973 to 975, 977, 985, 987, AP2-25, AP2-26Diversion or installation of, or works to, utilities apparatus
213Provision and renewal of railway systems for operational purposes and drainage
454Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
AP4-1Reinstatement of businesses or facilities
London Borough of Hillingdon1 to 16, 26 to 28, 39, 40, 68, 84, 85, 106, 107, 128 to 139, 175, 176, 190, 202, 203, 219, 224, 229 to 239, 371, 384, 387, 390, 447, 449, 452, 454, 463a, 464a, 476, 477, 478a, 492a, 522, 523, 523a, AP5-1b, AP5-2 to AP5-14Diversion or installation of, or works to, utilities apparatus
25, 441, 442, 458, 459, 469, 471, 483a, 484, 485, 494 to 496, 537, AP4-20, AP4-25, AP4-27 to AP4-29, AP4-33 to AP4-39Provision of environmental mitigation
25a, 470, 494bProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
50, 51Provision of access for construction and maintenance of utility diversions
101 to 103, 420, 422, 423, 426, 427 to 429, 466a, 467, 482, 487, 488, 502, 504, 506, AP4-12, AP4-13, AP4-15, AP4-16Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
377, 379, 411, 414, 415, 535Provision of worksite and access for construction
412, 413, 416 to 419, AP4-26Provision of worksite and access for construction and maintenance
424, 425, 460, 536, 540, AP4-17 to AP4-19Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
465a, 511Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
474Provision of worksite and access for construction and maintenance
Provision of environmental mitigation
496a, 498, 499, 526 to 534Provision of worksite and access for construction and maintenance
Provision of environmental mitigation
Diversion and installation of overhead electric lines
501, 507Diversion and installation of overhead electric lines
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
510, AP4-21Provision of worksite and access for construction
Provision of environmental mitigation
545Diversion and installation of overhead electric lines
Provision of worksite and access for construction and maintenance
548, 550, 556 to 558, 563, AP2-1Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
562Provision of worksite and access for construction
Diversion and installation of overhead electric lines
564, 590b, AP2-3, AP2-4Diversion and installation of overhead electric lines
606, 614, 615, 618Provision of worksite and access for construction and maintenance
Provision and renewal of railway systems for operational purposes and drainage
Provision of new public right of way
Diversion and installation of overhead electric lines
Diversion or installation of, or works to, utilities apparatus
611, 613Provision of worksite and access for construction and maintenance
Provision and renewal of railway systems for operational purposes and drainage
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
612Provision of worksite and access for construction and maintenance
Provision and renewal of railway systems for operational purposes and drainage
Diversion or installation of, or works to, utilities apparatus
616Provision of worksite and access for construction and maintenance
Provision and renewal of railway systems for operational purposes and drainage
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
496, 654, 655Provision of environmental mitigation
Provision of flood mitigation measures
496a, 498Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
557, 560, 561, 570 to 580, 583, 584, 588, 590, 591, 593, 594, 707, 714, 719, 720cDiversion and installation of overhead electric lines
558Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
565Diversion and installation of overhead electric lines
Provision of electricity supply system and access
566 to 568Provision of access for construction and maintenance of utility diversions
Provision of electricity supply system and access
603, 604, 643 to 645, 657 to 659, 665, 683, 693, 694, 698a, 720d, 723, 724, 728, 729, 736, 737, 739, 741, 742, 748, 749, 753, 767, 768, 770, 784, 786, 787, 789Provision of environmental mitigation
621Provision of balancing pond and associated works and access for maintenance
Provision of electricity supply system and access
Provision of new public right of way
622, 624, 625, 627, 628, 630 to 632, 636, 666, 669, 671, 738Diversion or installation of, or works to, utilities apparatus
633, 676, 677, 679, 697, 741a, 747, 747a, 747b, 747d, 756, 756a, 761, 762a, 763 to 765, 771, 772, 774 to 778, 780 to 783Provision of worksite and access for construction and maintenance
642, 758Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
663, 672Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
692Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Provision of electricity supply system and access
Provision of flood mitigation measures
Provision of new public right of way
Diversion and installation of overhead electric lines
726, 731, 734, 740, 745, 746Provision of worksite and access for construction
751, 755Provision of worksite and access for construction and maintenance
Provision of environmental mitigation
759Provision of worksite and access for construction and maintenance
Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
AP2-5, AP2-6Provision of access for construction and maintenance
AP4-40 to AP4-42Reinstatement of businesses or facilities
County of Buckinghamshire, District of South Bucks,Parish of IverAP2-1, AP2-3Provision and renewal of railway systems for operational purposes and drainage
AP2-9 to AP2-11, AP2-14, AP2-15Provision of worksite and access for construction
Borough of SloughAP2-3, AP2-5, AP2-6, AP2-14, AP2-21, AP2-25, AP2-30, AP2-33, AP2-34Provision of worksite and access for construction
AP2-12, AP2-26Provision and renewal of railway systems for operational purposes and drainage
AP2-13, AP2-20Provision of worksite and access for construction
Provision and renewal of railway systems for operational purposes and drainage
AP2-17, AP2-22, AP2-23, AP2-28Provision of worksite and access for construction
Provision of flood mitigation measures
AP2-35Provision of access for construction and maintenance of utility diversions
AP2-37Diversion or installation of, or works to, utilities apparatus
County of Buckinghamshire District of South Bucks Parish of Denham1, 2Provision of flood mitigation measures
1d, 1fDiversion and installation of overhead electric lines
11, 17, 19, 32Provision of environmental mitigation
25, 26, 28 to 31, 33, 46, 52Provision of worksite and access for construction
14, 15, 23, 27Provision of balancing pond and associated works and access for maintenance
26Provision of worksite and access for construction
34Provision of environmental mitigation
Provision of worksite and access for construction
42, 43Diversion or installation of, or works to, utilities apparatus
37 to 39, 47 to 49, AP2-3Provision of access for construction and maintenance
AP4-1, AP4-2, AP4-4 to AP4-9Provision of worksite and access for construction
Provision of drainage and associated works
Parish of WexhamAP4-1Provision of environmental mitigation
County of Hertfordshire District of Three Rivers5Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
7, 13, 15, 17, 19, 21, 22, 24, 25, 27, 31, 38, 41, 44, 48, 54, 58, 65, 69, 104Provision of worksite and access for construction
12Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
23, 53, 80Provision of balancing pond and associated works and access for maintenance
32, 36, 37Provision of worksite and access for construction
Provision of drainage and associated works
40, 46, 61, 63, 64Provision of drainage and associated works
49, 55, 80a, 84, 94, 97, 120, AP4-1 to AP4-17Provision of environmental mitigation
75Provision of environmental mitigation
Provision of worksite and access for construction
107, 109Provision of environmental mitigation
Provision of worksite and access for construction
Provision of electricity supply system and access
Diversion and installation of overhead electric lines
116Provision of worksite and access for construction
Diversion and installation of overhead electric lines
10Diversion or installation of, or works to, utilities apparatus
AP4-18Reinstatement of businesses or facilities
County of Buckinghamshire District of Chiltern Parish of Chalfont St Peter1, 7, 21, 30, 31, 35Provision of worksite and access for construction
16Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
19Diversion and installation of overhead electric lines
70, 75, 76, 83, 85Provision of environmental mitigation
Parish of Chalfont St Giles4 to 6Provision of environmental mitigation
131Provision of worksite and access for construction
134, 135, 139, 141, 142, 147Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Parish of Amersham7, 22, 24, 28, 34, 37Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction and maintenance
10Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
27Diversion or installation of, or works to, utilities apparatus
31Provision of environmental mitigation
Provision of worksite and access for construction
59, 66, 67, 74, 76, 77Provision of protective works to watercourse
Parish of Coleshill4Provision of environmental mitigation
8Diversion or installation of, or works to, utilities apparatus
Parish of Little Missenden2 to 4Provision of protective works to watercourse
11, 16Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
14Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction and maintenance
15, 17, 19, 20Diversion or installation of, or works to, utilities apparatus
AP2-2, AP2-3Provision of new public right of way
Parish of Great Missenden142, 158, 174, 178, AP4-55, AP4-56Provision of environmental mitigation
135 to 137Provision of drainage and associated works
155, 184Provision of environmental mitigation
Provision of drainage and associated works
AP4-80, AP4-81Provision of environmental mitigation
Provision of new public right of way
170, 171Provision of environmental mitigation
Provision of worksite and access for construction
AP4-31, AP4-38, AP4-41, AP4-41a, AP4-42 to AP4-44, AP4-47a, AP4-48, AP4-49, AP4-59, AP4-73, AP4-74Diversion and installation of overhead electric lines
173, 179, 188, 189Diversion or installation of, or works to, utilities apparatus
112, 117Provision of environmental mitigation
Diversion and installation of overhead electric lines
Diversion or installation of, or works to, utilities apparatus
157, 159 to 161, 163, 167, AP4-15Provision of worksite and access for construction
128, 139Provision of worksite and access for construction
Diversion and installation of overhead electric lines
138, 147Diversion and installation of overhead electric lines
166Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
162a, 162bProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
180, AP4-51, AP4-52, AP4-75Provision of environmental mitigation
Diversion and installation of overhead electric lines
AP2-2Provision of balancing pond and associated works and access for maintenance
AP4-54, AP4-78Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
AP4-57Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
Provision of new public right of way
AP4-58, AP4-69, AP4-70Provision of worksite and access for construction and maintenance
Provision of drainage and associated works
AP4-65Provision of balancing pond and associated works and access for maintenance
AP4-67Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
AP4-68Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
Parish of The Lee2, 42 to 45Provision of environmental mitigation
5, 22, 24, 28, 34Reprofiling of ground
8, 9, 26Provision of worksite and access for construction
Reprofiling of ground
11, 12, 18, 19, 31Provision of environmental mitigation
Diversion and installation of overhead electric lines
16Diversion and installation of overhead electric lines
27Provision of environmental mitigation
Reprofiling of ground
Diversion or installation of, or works to, utilities apparatus
32Provision of environmental mitigation
Reprofiling of ground
36Reprofiling of ground
Provision of worksite and access for construction and maintenance
39, 40Provision of environmental mitigation
Provision of worksite and access for construction
AP2-1Provision of access for construction
District of Aylesbury Vale Parish of Wendover1, 3, 14, 48, 150, 153, 233Provision of environmental mitigation
Diversion and installation of overhead electric lines
5, 8, 15, 19, 59, 66 to 71, 74, 76 to 78, 80, 81, 123, 143, 147, 220Provision of drainage and associated works
7, 251aProvision of environmental mitigation
Provision of drainage and associated works
9, 11, 23, 25, 50, 57, 65, 97, 98, 127, 129, 132, 146, 222, 232, 236, 238, 239, 243, 248, 250a, 257Provision of environmental mitigation
18, 42, 45, 46, 60, 120, 126, 149, 151, 182, 187, 190, 192, 224Provision of worksite and access for construction
24Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
29Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
31Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Provision of drainage and associated works
32, 58, 108, 109, 142, 212, 214, 223, 241Diversion and installation of overhead electric lines
34, 55, 94, 124, 204Provision of environmental mitigation
Diversion and installation of overhead electric lines
Provision of worksite and access for construction
35, 169, 172, 185, 205, 206Diversion or installation of, or works to, utilities apparatus
38 to 41, 52, 96, 103, 110, 111Provision of environmental mitigation
Provision of worksite and access for construction
47, 56, 62, 63, 165, 211, 235Provision of worksite and access for construction
Diversion and installation of overhead electric lines
54Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
61, 221Provision of worksite and access for construction
Provision of drainage and associated works
64Provision of worksite and access for construction
Diversion and installation of overhead electric lines
Provision of drainage and associated works
91, 213, 215Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
95Provision of worksite and access for construction and maintenance
100Provision of environmental mitigation
Provision of drainage and associated works
Diversion and installation of overhead electric lines
135, 136Provision of balancing pond and associated works and access for maintenance
Diversion and installation of overhead electric lines
156, 159, 217Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
171Provision of worksite and access for construction
Provision of new public right of way
173Installation of ground anchors
203Provision of worksite and access for construction
Provision of new public right of way
Diversion and installation of overhead electric lines
219Provision of worksite and access for construction
Provision of environmental mitigation
Provision of drainage and associated works
Diversion and installation of overhead electric lines
230Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
AP1-11Provision of environmental mitigation
Provision of worksite and access for construction and provision of balancing pond and associated works
Access for maintenance
AP2-1Provision of balancing pond and associated works and access for maintenance
AP2-3aMinor highway alterations
AP2-4Reinstatement of businesses or facilities
District of Wycombe Parish of Ellesborough2Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
4, 15, 74Provision of worksite and access for construction
5Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
10Provision of environmental mitigation
Provision of drainage and associated works
13, 17, 32, 33Diversion or installation of, or works to, utilities apparatus
34, 44, 66, 70Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
22, 23, 30, 35, 36, 38, 41, 47, 48, AP2-1, AP2-2Provision of environmental mitigation
50, 51, 54 to 57Provision of flood mitigation measures
52Provision of worksite and access for construction and maintenance
53, 61 to 64, 71, 72Provision of drainage and associated works
69, 80Diversion and installation of overhead electric lines
11, 12Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
AP4-1Provision of environmental mitigation
Provision of worksite and access for construction
District of Aylesbury Vale Parish of Stoke Mandeville4, 21, 23, 26, 33, 34, 38, 81, 90, 100 to 102, 108, 112, 155, 157, 158, 161Provision of environmental mitigation
6, 69, 113Provision of worksite and access for construction and maintenance
8, 9, 94, 95, 120Provision of flood mitigation measures
10Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
18Provision of worksite and access for construction and maintenance
Provision of new public right of way
22, 48, 56, 122, 132, 144Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
24, 59, 63, 116, 149, 151Provision of worksite and access for construction
25, 72, 75, 76, 78 to 80, 87, 88, 91, 98, 109, 117, 138, 141Diversion or installation of, or works to, utilities apparatus
28Provision of balancing pond and associated works and access for maintenance
43, 84, 103, 129Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
61Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
62Provision of drainage and associated works
74, 92, 93, 152Provision of drainage and associated works
Provision of environmental mitigation
83, AP2-2Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
118Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
119Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
123, 131, 134, AP1-3, AP1-4, 150Provision of environmental mitigation
Provision of worksite and access for construction
126Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
146Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction and maintenance
District of Wycombe Parish of Great and Little Kimble cum Marsh1Provision of drainage and associated works
3, 7, 9Provision of worksite and access for construction
District of Aylesbury Parish of Stone with Bishopstone and Hartwell6, 65, 86Diversion or installation of, or works to, utilities apparatus
17, 18, 23, 32Provision of environmental mitigation
Diversion and installation of overhead electric lines
27, 29, 30, 37, 69, 79, 81Provision of environmental mitigation
28, 28bProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
33Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
Provision of worksite and access for construction
35Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
36Provision of environmental mitigation
Provision of access for construction and maintenance
39Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
Provision of access for construction and maintenance
40Provision of worksite and access for construction and maintenance
44, 46, 53, 57, 59Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
45Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction and maintenance
47Provision of worksite and access for construction
Provision of a turning head
48, 85, 90Provision of worksite and access for construction
51, 55Provision of worksite and access for construction
Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
60Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of a turning head
61, 72Provision of environmental mitigation
Provision of worksite and access for construction
66a, 66b, 71b, 73bProvision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
Provision of drainage and associated works
Provision of flood mitigation measures
74a, 75, 89Provision of flood mitigation measures
76aProvision of environmental mitigation
Provision of drainage and associated works
87Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of flood mitigation measures
88Provision of flood mitigation measures
Provision of drainage and associated works
AP4-2Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
Parish of Aylesbury1Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
6, 18Provision of environmental mitigation
Diversion and installation of overhead electric lines
20 to 22, 24Provision of environmental mitigation
Parish of Coldharbour2 to 7, 10, 11Provision of environmental mitigation
Parish of Fleet Marston4Provision of worksite and access for construction and maintenance
5, 11Provision of environmental mitigation
Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
6, 7Diversion or installation of, or works to, utilities apparatus
8, 9Provision of flood mitigation measures
10Provision of worksite and access for construction
Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
13, 26Provision of environmental mitigation
14, 18, 30Provision of drainage and associated works
15, 21Provision of worksite and access for construction
16, 19Provision of environmental mitigation
Provision of new public right of way
20Provision of environmental mitigation
Provision of worksite and access for construction
23Provision of worksite and access for construction
Provision of drainage and associated works
25Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
12bProvision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Parish of Waddesdon1, 16Provision of flood mitigation measures
2, 73, 79Provision of environmental mitigation
Provision of new public right of way
3, 32, 45, 107, 128, 129Provision of drainage and associated works
6Provision of environmental mitigation
Provision of drainage and associated works
Provision of new public right of way
7, 9, 113, 120, 126, 127Provision of environmental mitigation
Provision of worksite and access for construction
8, 10, 11, 13, 34, 36, 41, 42, 49, 51, 53, 59, 60, 67, 69, 74, 76, 81 to 83, 85, 100, 103Provision of environmental mitigation
17, 46, 52, 56, 66, 72, 78, 84, 106, 114Provision of worksite and access for construction
18Provision of environmental mitigation
Provision of worksite and access for construction
Provision of electricity supply system and access
31, 54, 109, 112Provision of worksite and access for construction and maintenance
33, 40, 58Provision of balancing pond and associated works and access for maintenance
68, 93, 110, 111Diversion or installation of, or works to, utilities apparatus
91Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
94Provision of new public right of way
97Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
105Provision of drainage and associated works
Provision of worksite and access for construction and maintenance
123Provision of environmental mitigation
Provision of worksite and access for construction
Provision of flood mitigation measures
Parish of Quainton3, 35, 61, 66Provision of environmental mitigation
Provision of flood mitigation measures
8, 23, 59, 74, 88, 115, AP2-5, AP2-14, AP2-15, AP4-1, AP4-2Provision of balancing pond and associated works and access for maintenance
9, 12, 14, 24, 92, 98 to 100, 133, 138, 142, 177, 182, 191, 194, 199, 203, 216, 218, 248 to 250Provision of worksite and access for construction
11, 20, 27, 53, 56, 58, 62, 64, 65, 122, 125, 128, 141, 195a, 206a, 222, 223, 225, 226, 232, 240, 253, 270, 271, 273a, AP1-23, AP1-24Provision of environmental mitigation
17, 75, 127, 210, 212Diversion or installation of, or works to, utilities apparatus
19Provision of worksite and access for construction
Removal of utility apparatus
21Provision of environmental mitigation
Provision of worksite and access for construction
Removal of utility apparatus
31Provision of balancing pond and associated works and access for maintenance
Removal of utility apparatus
32, 50, 68, 151, 219, 220, 224Provision of flood mitigation measures
33, 72Provision of worksite and access for construction and maintenance
87Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
54, 71, 89, 104, 110, 113, 118b, 118d, AP1-5, AP1-16 to AP1-20Provision of environmental mitigation
Provision of worksite and access for construction
38Provision of environmental mitigation
Provision of diversion or installation of, or works to, utilities apparatus
40Provision of environmental mitigation
Provision of drainage and associated works
46, 107, 109, 131, 146, 149, 159, 197, 244, AP2-3, AP2-4, AP2-10Provision of drainage and associated works
47Provision of a turning head
Provision of environmental mitigation
49Provision of a turning head
Diversion or installation of, or works to, utilities apparatus
93Provision of balancing pond and associated works and access for maintenance
Provision of flood mitigation measures
118c, 176Provision of environmental mitigation
Diversion and installation of overhead electric lines
124Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
135, 150, 155, 157, 158, 161, 164, 168, 170, 184a, 233Diversion and installation of overhead electric lines
136aProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Provision of new public right of way
Provision of electricity supply system and access
143Diversion and installation of overhead electric lines
Provision of access for construction and maintenance
160Provision of access for construction and maintenance
166Provision of electricity supply system and access
173Provision of environmental mitigation
Diversion and installation of overhead electric lines
Provision of drainage and associated works
174, 175Provision of worksite and access for construction
Diversion and installation of overhead electric lines
204Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of flood mitigation measures
206b, 207aProvision of environmental mitigation
Provision of electricity supply system and access
243Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
251Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
AP2-6, AP2-7 to AP2-9Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
Parish of Grendon Underwood3, 5, 10, 28, 30Provision of environmental mitigation
20, 23, 26Provision of worksite and access for construction
4Provision of environmental mitigation
Provision of drainage and associated works
21 and 24Provision of environmental mitigation
Provision of worksite and access for construction
12aProvision of environmental mitigation
Provision of worksite and access for construction and maintenance
AP2-6Provision of worksite and access for construction and maintenance
Provision of new public right of way
16aProvision of environmental mitigation
Provision of worksite and access for construction and maintenance
Provision of new public right of way
29Provision of balancing pond and associated works and access for maintenance
AP1-1, AP1-5, AP1-6, AP1-9Diversion and installation of overhead electric lines
Parish of Middle Claydon1, 2Provision of environmental mitigation
Parish of East Claydon4, 4a, 5, 7Diversion and installation of overhead electric lines
Parish of Calvert Green1, 9, 11Provision of environmental mitigation
2Provision of environmental mitigation
Provision of new public right of way
AP2-1Provision of new public right of way
6Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of flood mitigation measures
Provision of new public right of way
8Provision of flood mitigation measures
23Diversion or installation of, or works to, utilities apparatus
24Diversion or installation of, or works to, utilities apparatus
Provision of access for construction and maintenance
25Provision of worksite and access for construction
18aProvision of access for construction and maintenance
Provision of new public right of way
AP4-2Provision of access for construction
AP4-6Provision of balancing pond and associated works and access for maintenance
Parish of Steeple Claydon3, 4, 6, 78, 80, 110, 111, AP1-1, AP4-1, AP4-4Provision of environmental mitigation
24, 26a, 27, 31, 33, 97Provision of worksite and access for construction
72Provision of environmental mitigation
Provision of access for construction and maintenance
9c, 9dProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of access for construction and maintenance
9a, 100, 117, 119, 120Diversion or installation of, or works to, utilities apparatus
21Provision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
52a, 76Provision of environmental mitigation
Provision of worksite and access for construction
51aProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
75Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
98, 99, 112Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
109Provision of flood mitigation measures
124, 125Provision of drainage and associated works
69, 71Provision of new public right of way
102, 103, AP1-8, AP2-1 to AP2-4Provision of worksite and access for construction and maintenance
Parish of Charndon2, 3Diversion or installation of, or works to, utilities apparatus
Parish of Twyford5, 6, 13, 62, 67, 92, 101Provision of worksite and access for construction
14Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Provision of new public right of way
24, 26, 44, 49, 54Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
27, 48Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
38, 60, 81, 82, 89, 90Provision of flood mitigation measures
39Provision of balancing pond and associated works and access for maintenance
Provision of worksite and access for construction
47, 63, 64, 69Provision of environmental mitigation
Provision of worksite and access for construction
52Provision of environmental mitigation
Provision of worksite and access for construction
Provision of access for construction and maintenance
53, 76Provision of worksite and access for construction and maintenance
58, 88Provision of environmental mitigation
Provision of new public right of way
71, 75, 77, 83, 84, 95, 97, 99, 100Provision of environmental mitigation
72Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
78Provision of drainage and associated works
80Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
87Diversion or installation of, or works to, utilities apparatus
91Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
94Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of access for construction and maintenance
Provision of new public right of way
Parish of Preston Bissett1 to 4Provision of flood mitigation measures
6, 13, 22, 27, 30, 31, 44, 45, 54 to 56, 58, 62, AP2-1Provision of environmental mitigation
8, 15a, 16b, 28a, 29a, 52Provision of worksite and access for construction
12a, 12b, AP4-1Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
20, 21Provision of environmental mitigation
Provision of drainage and associated works
23aProvision of environmental mitigation
Provision of new public right of way
Provision of drainage and associated works
Provision of worksite and access for construction and maintenance
37Provision of environmental mitigation
Provision of drainage and associated works
Provision of worksite and access for construction and maintenance
16c, 16d, 18b, 41, 47 to 51Provision of environmental mitigation
Provision of worksite and access for construction
40, 42, 43, 61Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
County of Oxfordshire District of Cherwell Parish of Godington5a, 5b, 12, AP2-1Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
6aProvision of worksite and access for construction
8a, 8b, 14, 15Provision of flood mitigation measures
County of Buckinghamshire District of Aylesbury Vale Parish of Chetwode1 to 3, 8, 9Provision of flood mitigation measures
5, 12 to 14, 22 to 24, 28, 31, 35, 42, 45, 52, 53, 55, 64, 84, 87Provision of environmental mitigation
17a, 17b, 17c, 17dProvision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Provision of drainage and associated works
19 to 21, 95, 96Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
25, 27, 34, 91Provision of worksite and access for construction
30Provision of environmental mitigation
Provision of drainage and associated works
41, 86, 88Diversion or installation of, or works to, utilities apparatus
51Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
54Provision of drainage and associated works
Removal of utility apparatus
63Provision of drainage and associated works
65Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
71, 90Provision of environmental mitigation
Provision of new public right of way
76Provision of worksite and access for construction
Removal of utility apparatus
Parish of Barton Hartshorn2a, AP2-5Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
6aProvision of environmental mitigation
7a, 16Provision of worksite and access for construction
9, 10, 22Provision of flood mitigation measures
13Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
14Provision of worksite and access for construction
Provision of drainage and associated works
19, 24Provision of drainage and associated works
25, 26Provision of environmental mitigation
Provision of new public right of way
County of Oxfordshire District of Cherwell Parish of Newton Purcell with Shelswell1, 8, 17, 39, 49, 66Provision of environmental mitigation
Provision of worksite and access for construction
4, 6, 15, 16, 19, 23, 31, 34, 36, 46, 54, 86Provision of environmental mitigation
10, 22, 27, 55, 69, 75, 82, 83Provision of worksite and access for construction
21, 26, 63, 67, 74, 76Provision of drainage and associated works
32Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
Provision of worksite and access for construction
37, 59Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
30, 56, 58Provision of worksite and access for construction and maintenance
57, 62Provision of flood mitigation measures
Provision of drainage and associated works
61Provision of worksite and access for construction and maintenance
Provision of new public right of way
64Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
72Provision of worksite and access for construction
Provision of flood mitigation measures
85, 88Diversion or installation of, or works to, utilities apparatus
92Provision of worksite and access for construction
Provision of new public right of way
Parish of Finmere5, 9, 54Provision of environmental mitigation
7, 15Provision of environmental mitigation
Provision of new public right of way
8, 12Provision of environmental mitigation
Provision of worksite and access for construction
24, 33, 36, 37Provision of worksite and access for construction
18Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
18a, 25, 40, 42Diversion or installation of, or works to, utilities apparatus
48Provision of access for utility works
52Provision of environmental mitigation
Removal of utility apparatus
Parish of Mixbury7, 24, 26, 40Diversion or installation of, or works to, utilities apparatus
8, 13aProvision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
12, 17a, 45, 46, 57, AP2-8 to AP2-11Provision of environmental mitigation
15a, 18, AP2-5aProvision of environmental mitigation
Diversion and installation of overhead electric lines
34, 43a, 43b, 51Provision of worksite and access for construction
28a, 37, 38Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
31Provision of balancing pond and associated works and access for maintenance
Provision of electricity supply system and access
31aProvision of environmental mitigation
Removal of utility apparatus
Diversion or installation of, or works to, utilities apparatus
39Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
40b, 40c, 49Provision of environmental mitigation
Provision of worksite and access for construction
41a, 63Provision of drainage and associated works
48Provision of environmental mitigation
Provision of new public right of way
53, 54Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
Provision of drainage and associated works
52Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
Provision of drainage and associated works
Removal of utility apparatus
62Provision of flood mitigation measures
Removal of utility apparatus
66Removal of utility apparatus
County of Buckinghamshire District of Aylesbury Vale Parish of Westbury1Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
Provision of drainage and associated works
1aProvision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Provision of new public right of way
5, 6Provision of drainage and associated works
7Provision of environmental mitigation
Provision of drainage and associated works
Provision of new public right of way
Provision of worksite and access for construction and maintenance
14Provision of flood mitigation measures
19, 21 to 25, 27Provision of environmental mitigation
28Provision of environmental mitigation
Provision of new public right of way
29Provision of worksite and access for construction
Provision of new public right of way
30, 33 to 35, 38Provision of worksite and access for construction
18, 20Diversion or installation of, or works to, utilities apparatus
Parish of Turweston3, 4, 45, 46Provision of new public right of way
11Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
8, 13a, 20, 27, 50, 68, 71, 72, 76 to 79, 83, 85, 99, 100Provision of worksite and access for construction
18, 21, 89, 91Provision of environmental mitigation
29Diversion or installation of, or works to, utilities apparatus
62, 73Provision of worksite and access for construction
Diversion and installation of overhead electric lines
Removal of utility apparatus
81Provision of worksite and access for construction and maintenance
37Diversion and installation of overhead electric lines
38, 104, 106Provision of environmental mitigation
Provision of worksite and access for construction
40, 57Provision of worksite and access for construction
Diversion and installation of overhead electric lines
42, 61, 67Diversion and installation of overhead electric lines
43, 48Diversion and installation of overhead electric lines
Provision of new public right of way
49Provision of worksite and access for construction
Provision of new public right of way
65Provision of worksite and access for construction
Removal of utility apparatus
Provision of balancing pond and associated works and access for maintenance
84Provision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
88Provision of environmental mitigation
Diversion and installation of overhead electric lines
90Provision of environmental mitigation
Provision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
102, 110Provision of drainage and associated works
109Provision of environmental mitigation
Provision of flood mitigation measures
AP2-1 to AP2-4Reinstatement of businesses or facilities
County of Northamptonshire District of South Northamptonshire Parish of Whitfield1Provision of balancing pond and associated works and access for maintenance
Diversion and installation of overhead electric lines
4, 9, 13, 14Provision of drainage and associated works
6Provision of environmental mitigation
Diversion and installation of overhead electric lines
Provision of worksite and access for construction
Provision of drainage and associated works
Provision of electricity supply system, and access
10Provision of environmental mitigation
Provision of flood mitigation measures
Provision of new public rights of way
Provision of drainage and associated works
16, AP2-3Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
20, 35Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
26Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
30Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
17Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
25Provision of flood mitigation measures
Provision of new public right of way
27Provision of flood mitigation measures
28Provision of environmental mitigation
29, 37, 40, 42, 48 to 50Provision of worksite and access for construction
41Provision of balancing pond and associated works and access for maintenance
44Provision of environmental mitigation
Provision of worksite and access for construction
Parish of Brackley1Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
4, 6Provision of worksite and access for construction and maintenance
7Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
9Provision of worksite and access for construction
12Provision of environmental mitigation
Provision of worksite and access for construction
13Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
14, 15Diversion or installation of, or works to, utilities apparatus
Parish of Radstone1, 2, 22Provision of worksite and access for construction
5, 7aProvision of worksite and access for construction
Provision of new public right of way
6a, 6b, 20Provision of environmental mitigation
Provision of worksite and access for construction
9Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
7Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
8a, 16a, 16c, 18a, 18c, 40, 41, 47Provision of environmental mitigation
10, 17, 21, 23, 38, AP2-4, AP2-6Provision of environmental mitigation
Provision of drainage and associated works
19, 26, 32, 33Provision of environmental mitigation
Provision of drainage and associated works
Provision of balancing pond and associated works and access for maintenance
27, 37a, 37b, 41aProvision of balancing pond and associated works and access for maintenance
28, 29Provision of flood mitigation measures
30Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Provision of environmental mitigation
Provision of new public right of way
Removal of utility apparatus
36Provision of environmental mitigation
Removal of utility apparatus
AP2-7Provision of new public right of way
46Provision of flood mitigation measures
Parish of Greatworth1Provision of new public right of way
3Provision of drainage and associated works
Provision of flood mitigation measures
4Provision of environmental mitigation
Provision of drainage and associated works
5Provision of flood mitigation measures
8, 11, 15, 75, 76Provision of environmental mitigation
9Provision of worksite and access for construction
Provision of new public right of way
12, AP2-1Provision of worksite and access for construction
Provision of new public right of way
Removal of utility apparatus
13Provision of environmental mitigation
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
Provision of worksite and access for construction
19Provision of environmental mitigation
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
15aProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
16, 17, 17a, 38Diversion or installation of, or works to, utilities apparatus
18, 48, 59, 60, 63, 64, 66, 67, 71, 72, 74, 77, 80, 82, 84 to 86, 90, 91, 98, AP4-5Provision of worksite and access for construction
10Provision of environmental mitigation
Provision of new public right of way
20, 21Provision of drainage and associated works
23Provision of worksite and access for construction
Provision of drainage and associated works
Removal of utility apparatus
30, 70, 73Provision of worksite and access for construction
Removal of utility apparatus
24Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
25Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
39a, 39bProvision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
26Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
28, 31, 32, 34, 52, 56, 83, 99Provision of worksite and access for construction
Provision of environmental mitigation
29aProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
Provision of drainage and associated works
Provision of balancing pond and associated works and access for maintenance
33Provision of balancing pond and associated works and access for maintenance
43Provision of flood mitigation measures
Diversion or installation of, or works to, utilities apparatus
44Provision of worksite and access for construction and maintenance
57, 61aProvision of worksite and access for construction and maintenance
Provision of new public right of way
Parish of Marston St Lawrence4, 23Provision of environmental mitigation
5, 8, 11, 14Provision of worksite and access for construction
7, 9Provision of environmental mitigation
Provision of worksite and access for construction
15Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
17Provision of environmental mitigation
Provision of drainage and associated works
AP4-1Provision of drainage and associated works
Parish of Sulgrave1Provision of environmental mitigation
Provision of new public right of way
Parish of Thorpe Mandeville3Provision of new public right of way
Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
4, 16, 48, 54Provision of worksite and access for construction
18, 47Diversion or installation of, or works to, utilities apparatus
15, 31, 35Provision of environmental mitigation
25, 41, 42Provision of drainage and associated works
26Provision of environmental mitigation
Provision of drainage and associated works
Provision of balancing pond and associated works and access for maintenance
Removal of utility apparatus
28, 33, 36, 40, 43Provision of flood mitigation measures
29, 51Provision of environmental mitigation
Provision of worksite and access for construction
60, 62Provision of balancing pond and associated works and access for maintenance
69Provision of environmental mitigation
Provision of drainage and associated works
Removal of utility apparatus
Diversion or installation of, or works to, utilities apparatus
71Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
AP2-3Provision of a turning head
Provision of access for construction
Parish of Culworth1Diversion or installation of, or works to, utilities apparatus
7, 8, 13, 16Provision of environmental mitigation
Provision of worksite and access for construction
11Provision of environmental mitigation
Provision of drainage and associated works
12, 20, 23Provision of environmental mitigation
17Provision of worksite and access for construction
Provision of electricity supply system and access
18Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Provision of new public right of way
19, AP4-1Provision of balancing pond and associated works and access for maintenance
21aProvision of worksite and access for construction and maintenance
22, 25, 44Provision of worksite and access for construction
29Provision of drainage and associated works
34Provision of worksite and access for construction
Provision of drainage and associated works
39Provision of flood mitigation measures
Parish of Chipping Warden and Edgcote2, 4, 9, 28, 32, 33, 95, 96, 105, AP4-1, AP4-1a, AP4-1b, AP4-2Provision of environmental mitigation
35, 36, 39Diversion or installation of, or works to, utilities apparatus
11Provision of worksite and access for construction
Provision of flood mitigation measures
3, 14, 41Provision of flood mitigation measures
15, 16, 24, 27, 38, 43, 48 to 50, 81b, 81d, 82b, 83b, 84, 86, 87a, 87b, 87c, 89a, 90, 91, 92b, 93, 104, 107, AP2-16, AP2-17, AP4-12, AP4-13Provision of worksite and access for construction
18aProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
25Provision of worksite and access for construction and maintenance
47, AP2-1Provision of balancing pond and associated works and access for maintenance
58Provision of environmental mitigation
Provision of new public right of way
65aProvision of environmental mitigation
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
71, AP1-3, AP2-15Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
72a, AP2-21Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
94a, 99Provision of worksite and access for construction
Provision of new public right of way
AP2-3, AP2-5, AP2-13Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
AP2-14Provision of a turning head
AP2-9Provision of drainage and associated works
AP4-3Provision of drainage and associated works
AP4-10, AP4-11Provision of access for construction
Parish of Aston Le Walls3, 32, AP4-1Provision of worksite and access for construction
9Diversion or installation of, or works to, utilities apparatus
10Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
17Provision of worksite and access for construction
Provision of new public right of way
20Provision of environmental mitigation
23, 25, AP2-1Provision of environmental mitigation
Provision of worksite and access for construction
28a, 31, AP2-2, AP2-3Provision of balancing pond and associated works and access for maintenance
39, AP2-4Provision of drainage and associated works
Parish of Boddington11, 29, 39, 52, 54, 66, AP2-1, AP4-3Provision of drainage and associated works
3, 23, 26, 27a, 27b, 50, 51, 89, 107b, 109b, AP4-1, AP4-2Provision of worksite and access for construction
2a, 40a, 87, 96, 98, 114, 123b, AP2-2Provision of environmental mitigation
Provision of worksite and access for construction
18Provision of environmental mitigation
Provision of new public right of way
Provision of worksite and access for construction
97, 100a, 107a, 109aProvision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
85Diversion or installation of, or works to, utilities apparatus
16, 56, 86Provision of flood mitigation measures
91Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
25, 30a, 30b, 57, 62, 63, 71, 72, 80, 93, 115, 121Provision of environmental mitigation
97a and 99Diversion or installation of, or works to, utilities apparatus
Removal of utility apparatus
101Provision of worksite and access for construction and maintenance
14aProvision of balancing pond and associated works and access for maintenance
Provision of flood mitigation measures
22Provision of environmental mitigation
Provision of new public right of way
Provision of worksite and access for construction
28Provision of environmental mitigation
Provision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
61Provision of environmental mitigation
Removal of utility apparatus
69Provision of balancing pond and associated works and access for maintenance
74Provision of environmental mitigation
Provision of worksite and access for construction
Removal of utility apparatus
81Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
103aProvision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Provision of drainage and associated works
Provision of worksite and access for construction and maintenance
County of Warwickshire District of Stratford-on-Avon Parish of Stoneton5, 7, 8, 13, 14, 16a, 28Provision of environmental mitigation
15Diversion or installation of, or works to, utilities apparatus
16, 18Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
19Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
6b, 9b, 22, 24Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Parish of Wormleighton21Provision of environmental mitigation
12, AP2-4Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
11, 15, 17, 18, 20Provision of worksite and access for construction and maintenance
13Diversion or installation of, or works to, utilities apparatus
23, 25Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
26Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
Provision of access for construction and maintenance of utility diversions
28Provision of environmental mitigation
Provision of access for construction and maintenance of utility diversions
31bProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
34a, 47Provision of environmental mitigation
Provision of worksite and access for construction
50Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
52Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
55Provision of worksite and access for construction
Parish of Radbourn2, 13b, 19, 28Provision of worksite and access for construction
3Provision of worksite and access for construction
Reprofiling of ground
Provision of drainage and associated works
6Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
7Provision of worksite and access for construction
Reprofiling of ground
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
8, 8cProvision of flood mitigation measures
8bProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Reprofiling of ground
Provision of new public right of way
9Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
Provision of new public right of way
Provision of environmental mitigation
11Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction and maintenance
Provision of new public right of way
13aProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
15Provision of environmental mitigation
16Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
5Diversion or installation of, or works to, utilities apparatus
Provision of flood mitigation measures
Provision of access for construction and maintenance of utility diversions
8dProvision of environmental mitigation
Provision of worksite and access for construction
Parish of Ladbroke5, 19, 20, 25 to 27Diversion or installation of, or works to, utilities apparatus
7, 12, 15, 39, 41, 42, 52Provision of environmental mitigation
8, 18Reprofiling of ground
Provision of drainage and associated works
Provision of worksite and access for construction
24, 28, 32Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
29, 33, 71, 72Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
35, 56, 62, 63, 76Provision of environmental mitigation
Provision of drainage and associated works
36, 61Provision of worksite and access for construction
37, AP4-2, AP4-3Provision of new public right of way
53, 59, 69Provision of environmental mitigation
Provision of drainage and associated works
Provision of worksite and access for construction
66Provision of balancing pond and associated works and access for maintenance
AP4-1Minor highway alterations
Parish of Southam5, 31, 63, 65, 70, 72, 90, 93Provision of environmental mitigation
54, 56, 58, 60 to 62, 87, AP1-1, AP1-2Diversion or installation of, or works to, utilities apparatus
6, 9, 111Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
13, 94, 95Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
8, 14, 103Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
24, 32Provision of environmental mitigation
Provision of drainage and associated works
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
34, 39, 55, 68, 80Provision of environmental mitigation
Provision of worksite and access for construction
16, 41, 53, 91Provision of worksite and access for construction
28, 29Provision of drainage and associated works
45Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
47Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
49, 51, 52, AP4-1 to AP4-3Provision of new public right of way
75Provision of environmental mitigation
Provision of access for construction and maintenance of utility diversions
100Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of flood mitigation measures
107Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of flood mitigation measures
112, 118Provision of worksite and access for construction and maintenance
Parish of Long Itchington1, 15, 19, 30a, 35a, 37, 47, AP4-4Provision of environmental mitigation
2Provision of worksite and access for construction and maintenance
6Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
7Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
7aProvision of drainage and associated works
9Provision of environmental mitigation
Provision of worksite and access for construction
Provision of access for construction and maintenance of utility diversions
12, 49, 50, 52, 63, 64Diversion or installation of, or works to, utilities apparatus
20, 22, 31, 32Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
53Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction and maintenance
48, 57Provision of worksite and access for construction
58Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
59, 61Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
11aRemoval of utility apparatus
Parish of Ufton2Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
8, 21, 23, 24Diversion or installation of, or works to, utilities apparatus
9Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
15Provision of environmental mitigation
Provision of worksite and access for construction
Drainage and associated work
11, 18Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
Provision of flood mitigation measures
AP4-4 to AP4-7Provision of access for construction
District of Warwick Parish of Offchurch4, 6, 32, 49, 50, 51a, 54aProvision of environmental mitigation
7, 10, 98aProvision of worksite and access for construction and maintenance
11Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
12, AP2-1Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Provision of drainage and associated works
13, 19, 28, 36, 42 to 44, 53aProvision of environmental mitigation
Provision of worksite and access for construction
15Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
18Provision of environmental mitigation
Minor highway alterations
21, 45, 58, 59b, 60, 62Provision of worksite and access for construction
23Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
24Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
27Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
29, 66, 89Diversion or installation of, or works to, utilities apparatus
37, 73Provision of balancing pond and associated works and access for maintenance
57aProvision of worksite and access for construction
Provision of drainage and associated works
68, 70, 84Reprofiling of ground
Provision of worksite and access for construction
69Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
71, 75Provision of new public right of way
78, 79, 87Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
Diversion or installation of, or works to, utilities apparatus
80Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
Provision of access for construction and maintenance of utility diversions
91aProvision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of flood mitigation measures
92aProvision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
47aProvision of a turning head
51bProvision of a turning head
Provision of environmental mitigation
AP2-2, AP2-3Minor highway alterations
Parish of Cubbington1aProvision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
19, 21, 41, 46, 49, 53, 57, 61, 65Provision of worksite and access for construction
23, 27, 28, 50, 52, 67Provision of environmental mitigation
4Diversion or installation of, or works to, utilities apparatus
5, 6Provision of access for construction and maintenance
Provision of access for construction and maintenance of utility diversions
9Provision access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
11a, 14, 15Provision of environmental mitigation
Drainage and associated works
Provision of worksite and access for construction
32Provision of drainage and associated works
Provision of worksite and access for construction
35Provision of environmental mitigation
Provision of drainage and associated works
Installation of ground anchors
39, 48Provision of environmental mitigation
Provision of worksite and access for construction
44Provision of new public right of way
47Provision of access for construction and maintenance
AP4-3Provision of environmental mitigation
Parish of Weston Under Wetherley1, 2Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
4, 5a, AP4-1 to AP4-3Provision of environmental mitigation
AP4-4Provision of worksite and access for construction and maintenance
Parish of Stoneleigh1, 5, 7, 10, 13, 18, 44, 119, 123, 124, 126, 129, 130, 142a, 147, 148, 152, 152a, 155, AP2-1 to AP2-3, AP4-7, AP4-8Provision of worksite and access for construction
8, 27, 50, 52, 54a, 94, 117, 122, 164, 165, 167, 179, AP4-10, AP4-11Provision of environmental mitigation
21, 24, 28, 29, 31, 34, 43, 77a, 83Diversion or installation of, or works to, utilities apparatus
22, 42, 144, 158, 163Provision of environmental mitigation
Provision of drainage and associated works
Provision of worksite and access for construction
33, 62Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
48a, 66, 75, 96, 127, 128, 137, 138, 151, 173, 174, 177, AP4-10a, AP4-10bProvision of environmental mitigation
Provision of worksite and access for construction
55Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
63Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
73, AP4-1Provision of drainage and associated works
79a, 87, 112, 139Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
84Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
136, 141Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
97, 100, 143Provision of worksite and access for construction and maintenance
99Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
104Provision of balancing pond and associated works and access for maintenance
105Provision of environmental mitigation
Provision of flood mitigation measures
132Provision of flood mitigation measures
133, AP4-12Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
140b, 146Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
166, 182Provision of environmental mitigation
Provision of new public right of way
171aProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
178Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
184Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
Parish of Kenilworth12, 30a, AP2-3Provision of environmental mitigation
13, 16, 21, AP2-1, AP2-2Provision of worksite and access for construction
5, 6, 23, 25aProvision of environmental mitigation
Provision of worksite and access for construction
9, 11, 15Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
20Provision of worksite and access for construction
Provision of new public right of way
Parish of Burton Green4, 6, 9, 13, 14, 23a, 37a, 43a, 48, 58b, 65a, 65b, 73a, 82a, 97, AP2-7, AP2-9, AP2-10, AP2-12Provision of environmental mitigation
Provision of worksite and access for construction
7, 19, 59, 63, AP4-1 to AP4-4Provision of environmental mitigation
11, 21, AP1-1aProvision of worksite and access for construction
28a, 28b, 28cProvision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
29, 31Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
32, AP2-3Provision of worksite and access for construction and maintenance
33aProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
Provision of new public right of way
35Reinstatement of businesses or facilities
72Provision of environmental mitigation
Provision of new public right of way
77Provision of new public right of way
98Provision of worksite and access for construction
Provision of new public right of way
AP2-1Provision of worksite and access for construction
Provision of environmental mitigation
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
AP2-6Provision of passing places
District of North Warwickshire Parish of Great Packington1, 6Provision of worksite and access for construction
7, 8Provision of balancing pond and associated works and access for maintenance
Parish of Little Packington2Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
4Provision of worksite and access for construction
Diversion and installation of overhead electric lines
10, 12, 15, 16Diversion and installation of overhead electric lines
17, 19Provision of worksite and access for construction
Diversion and installation of overhead electric lines
AP1-1Reinstatement of businesses or facilities
Parish of Coleshill1cProvision of environmental mitigation
Diversion and installation of overhead electric lines
1f, 1g, 1rProvision of balancing pond and associated works and access for maintenance
1, 2 to 5, 7, 12, 13, 112, 127, 134, 136, 139, 145, 148, 150, 160, 204, 272, 304, 306, 397, 408, 410, 435, 445, 479, 514, AP4-1b, AP4-15, AP4-17, AP4-22Diversion and installation of overhead electric lines
33, 35 to 37, 40, 41, 85, 381, 433, 454, 455, 482a, 540, 556, 558a, 561a, 565aDiversion or installation of, or works to, utilities apparatus
38Provision of balancing pond and associated works and access for maintenance
48, 52, 58, 59, 63, 68, 101, 102, 106, 278, 288a, 295, 296, 365, 371, 413, 420, 581a, 589aProvision of worksite and access for construction
50Diversion and installation of overhead electric lines
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of balancing pond and associated works and access for maintenance
116, 124, 162a, 180b, 240, 241, 244, 246a, 248, 300, 302, 309, 320, 325, 326, 357, 367, 372, 428, 484, 509, 510, 519, AP2-21, AP2-24, AP2-26 to AP2-28Provision of environmental mitigation
51, 440, 495aProvision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
73Provision of environmental mitigation
Removal of existing utilities
546aProvision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
74, 321, 452a, 452b, 546Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
75, 233a, 322, 377, 391, 396Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
77, 87a, 90a, 90b, 91a, 91b, 92a, 92b 103a, 103b, 108b, 108c, 152, 157, 548aProvision of environmental mitigation
Provision of worksite and access for construction
Diversion and installation of overhead electric lines
112bProvision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
127aProvision of worksite and access for construction
Diversion and installation of overhead electric lines
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
108a, 310, 315, 354, 506 to 508, 580aProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
100, 427Provision of worksite and access for construction and maintenance
164Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Diversion and installation of overhead electric lines
283, 289, 297, 312a, 335, 346, 366, 369Provision of environmental mitigation
Provision of worksite and access for construction
188Provision of balancing pond and associated works and access for maintenance
Provision of worksite and access for construction
195, 196Provision of worksite and access for construction
Diversion and installation of overhead line equipment
199Provision of balancing pond and associated works and access for maintenance
Diversion and installation of overhead line equipment
247, 257aProvision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Provision of new public right of way
253, 388, 416, 451, 459, 460, 502Provision of environmental mitigation
Diversion and installation of overhead line equipment
308, 318, 467Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
358Diversion and installation of overhead line equipment
Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of balancing pond and associated works and access for maintenance
404, 409Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
432Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
412Provision of environmental mitigation
Diversion and installation of overhead line equipment
419, 517aProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of new public right of way
481Provision of environmental mitigation
Provision of new public right of way
491a, 491bProvision of environmental mitigation
Provision of new public right of way
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
511, 559a, 559b, AP2-20Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of balancing pond and associated works and access for maintenance
526a, 526bProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
593a, 593bProvision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead line equipment
439, 485, 486Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
492, 500Provision of worksite and access for construction
Diversion and installation of overhead electric lines
Parish of Water Orton6, 132Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
9a, 10, 27, 28, 37, 40, 43a, 82aProvision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
13a, 42, 50, 57, 64, 65, 67 to 69, 74Provision of environmental mitigation
23, 34, 35, 38, 39, 41, 77aProvision of environmental mitigation
Provision of worksite and access for construction
43, AP4-5Reinstatement of businesses or facilities
44, 89a, 126, 130, 142, AP4-25, AP4-26Provision of worksite and access for construction
48Provision of environmental mitigation
Provision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
52Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
53, 54, 56Provision of balancing pond and associated works and access for maintenance
76Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
100a, 100b, 100c, 118Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
119a, 123Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
124a, 124b, 129, 139aDiversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
131a, 131b, 145, 146a, 146b, 149a, 149b, AP4-19, AP4-20Diversion and installation of overhead electric lines
138aDiversion or installation of, or works to, utilities apparatus
133, 140, 143Provision of worksite and access for construction and maintenance
155a, 155bDiversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
Provision of balancing pond and associated works and access for maintenance
AP4-14, AP4-16, AP4-17Provision of worksite and access for construction
Minor highway alterations
Parish of ShustokeAP4-1 to AP4-3, AP4-5, AP4-6Provision of environmental mitigation
Parish of Curdworth1a, 49, 70, 72, 77, 78, 80, 106, 215Diversion or installation of, or works to, utilities apparatus
2Provision of worksite and access for construction and maintenance
Provision of environmental mitigation
3a, 6, 7, 113a, 201, 202, 223, 241, 244Provision of worksite and access for construction
5a, 5b, 8a, 11a, 37, 39, 40, 43, 51b, 58, 59, 61, 82a, 96, 102, 153a, 168, 170, 174, 186, 187, AP1-1, AP1-2, AP4-1, AP4-17 to AP4-24, AP4-30, AP4-32Diversion and installation of overhead electric lines
13, AP2-6Provision of worksite and access for construction
Provision of environmental mitigation
16, 21 to 23, 34, 38, 57, 81, 114, 117, 118, 121, 128, 137, 140, 141, 142, 149, 152, 155, 156, 160, 192, 200, AP1-5, AP1-6, AP2-7 to AP2-9, AP4-3 to AP4-9Provision of environmental mitigation
10a, 25a, 26 to 28, 31, 32, 45, 48, 69Provision of environmental mitigation
Diversion and installation of overhead electric lines
35, 191, 194Provision of worksite and access for construction
Diversion and installation of overhead electric lines
210, 216, 219, 220 to 222, 225 to 227, 229, 231, 235, 236, 238, 240, 243, 245, 246Provision of worksite and access for construction and maintenance
51a, 68aProvision of balancing pond and associated works and access for maintenance
Diversion and installation of overhead electric lines
65a, 66a, 81aProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
71Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
67a, 83, 83a, 90 to 92Diversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
88, 209, 233, 247Provision of new public right of way
98, 101, 103Installation of ground anchors
99, 103aInstallation of ground anchors
Provision of access for utility works
108aProvision of environmental mitigation
Provision of access for utility works
153, 164, 251, 254, 256Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
228Removal of utility apparatus
249Provision of new public right of way
Provision of environmental mitigation
252Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
AP2-10Provision of access for maintenance
Parish of Lea Marston1 to 4, 13, 16Diversion or installation of, or works to, utilities apparatus
12, 14Provision of environmental mitigation
Provision of drainage and associated works
17, 24a, 26, 28 to 30, 32, 33, 35, 37, 41, 54, 55a, 59, 61, 65a, 71a, AP2-1, AP2-8 to AP2-12, AP2-17, AP2-18, AP2-25, AP4-1 to AP4-4Provision of environmental mitigation
18Provision of balancing pond and associated works and access for maintenance
44, 47, 49, AP2-23Provision of new public right of way
66Provision of new public right of way
Provision of worksite and access for construction
67Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
72a, 72b, 73Provision of new vehicular right on existing public right of way
74aProvision of environmental mitigation
Provision of new public right of way
55b, 68bProvision of environmental mitigation
Minor highway alterations
78a, AP2-22Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
Provision of environmental mitigation
AP2-24Provision of new public right of way
Parish of Kingsbury2, AP2-1, AP2-2Provision of environmental mitigation
Parish of Middleton4, 108Provision of environmental mitigation
Provision of flood mitigation measures
27, 37, 39, 47, 72 to 74, 87, 93, 95, 99, 101 to 103, 114, 115, 121, 125, 131a, 134a, 148, 160, 167, 175, AP2-6 to AP2-8, AP2-10b, AP2-18, AP2-21Provision of environmental mitigation
100, AP2-10aProvision of environmental mitigation
Provision of flood mitigation measures
Provision of balancing pond and associated works and access for maintenance
21, 30, 32Diversion and installation of overhead electric lines
110, 169aProvision of worksite and access for construction and maintenance
Provision of environmental mitigation
5a, 13a, 31a, 127a, 135a, AP2-10, AP2-10c, AP2-20Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
Provision of worksite and access for construction and maintenance
Provision of flood mitigation measures
38, 66Diversion or installation of, or works to, utilities apparatus
41Provision of flood mitigation measures
52Provision and renewal of railway systems for operational purposes and drainage
11a, 57, 58, 135b, 135c, 135d, 138a, 142a, 147a, 153a, 154a, 156a, 157a, 164a, 171a, 174, AP2-3, AP2-4, AP2-4a, AP2-11bProvision of environmental mitigation
Provision of worksite and access for construction
AP2-9Provision of new public right of way
107Provision of environmental mitigation
Provision of flood mitigation measures
Provision of worksite and access for construction and maintenance
112, AP2-5Provision of balancing pond and associated works and access for maintenance
113Provision of balancing pond and associated works and access for maintenance
Provision of worksite and access for construction and maintenance
124, 129, AP2-5aProvision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
128Provision of balancing pond and associated works and access for maintenance
Provision of worksite and access for construction
County of Staffordshire District of Lichfield Parish of Drayton Bassett2a, 3, 4a, 4b, 35, 38, 40, 43, 45, 46, 49, 52, 54, 55, 65, 75, 100, AP2-1, AP2-3, AP2-4Provision of environmental mitigation
28Diversion or installation of, or works to, utilities apparatus
7, 23, 29, 50, 86Diversion and installation of overhead electric lines
13a, AP4-1Provision of worksite and access for construction and maintenance
16Provision of worksite and access for construction
19a, AP2-6Provision of balancing pond and associated works and access for maintenance
22, 24Provision of environmental mitigation
Provision of flood mitigation measures
Provision of worksite and access for construction
30Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
33Provision of environmental mitigation
Provision of drainage and associated works
53, 92, 94, 102, AP2-7Provision of environmental mitigation
Provision of worksite and access for construction
58, 59, 63, 68, 71, 80Provision of environmental mitigation
Diversion and installation of overhead electric lines
93Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
99Provision of environmental mitigation
Provision of new public right of way
106Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
109, 117, AP2-8 to AP2-10Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
114, AP2-2Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Provision of worksite and access for construction
Parish of Fazeley3, 6, 8Diversion and installation of overhead electric lines
Parish of Hints with Canwell15, 17, 18, 87, 88, AP2-20Provision of worksite and access for construction and maintenance
20Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
21, 53, 59, 63, 68, 71a, 72, 74, 81, 122, 128, 141, 145, 147a, AP2-12, AP2-17Provision of environmental mitigation
23, 125, 129Diversion or installation of, or works to, utilities apparatus
24, 50, 62b, 73a, 76a, 77b, 77c, 77d, 84a, 84b, 110, 154Provision of environmental mitigation
Provision of worksite and access for construction
25, 28Provision of worksite and access for construction
Provision of environmental mitigation
Diversion and installation of overhead electric lines
30, 33, 38, 45, 47, 48Diversion and installation of overhead electric lines
35Diversion and installation of overhead electric lines
Provision of new public right of way
Provision of worksite and access for construction
Provision of environmental mitigation
37, 39Diversion and installation of overhead electric lines
Provision of new public right of way
55a, 62a, 62c, 73b, 77a, AP2-9a, AP2-18, AP2-19Provision of environmental mitigation
Provision of new public right of way
Provision of worksite and access for construction
58, AP2-22, AP2-23, AP2-24aProvision of drainage and associated works
61Implementation of woodland management measures
65, 143Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
70Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
75a, 75bProvision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Provision of new public right of way
78a, 78b, 96aProvision of environmental mitigation
Provision of flood mitigation measures
80Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
82aProvision of balancing pond and associated works and access for maintenance
Provision of new public right of way
Implementation of woodland management measures
86Provision of balancing pond and associated works and access for maintenance
94Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
101Provision of environmental mitigation
Provision of new public right of way
Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
116 to 118, 123Provision of worksite and access for construction
131aDiversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
Provision of new public right of way
153, 155Provision of environmental mitigation
Provision of drainage and associated works
157a, 159Provision of worksite and access for construction
Provision of drainage and associated works
Provision of environmental mitigation
Parish of Weeford7, 24, 27Provision of environmental mitigation
12, 16, 21Provision of worksite and access for construction
14Provision of access for construction and maintenance
20Provision of environmental mitigation
Provision of worksite and access for construction
22Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
AP1-5, AP1-8, AP1-10, AP1-11Diversion and installation of overhead electric lines
AP2-1Provision of drainage and associated works
Parish of Swinfen and Packington11, 16, 23Provision of environmental mitigation
11a, AP2-1, AP2-2Provision of drainage and associated works
12, 15, 29Provision of environmental mitigation
Provision of worksite and access for construction
20Provision of environmental mitigation
Provision of new public right of way
17a, 18a, 19, 22Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
33, 34, 42Provision of worksite and access for construction
36, 39Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
37Diversion or installation of, or works to, utilities apparatus
Parish of Whittington5, 17, 63, 67, AP2-25, AP2-26Diversion or installation of, or works to, utilities apparatus
19a, 20a, 23, 101a, AP2-2 to AP2-4Provision of environmental mitigation
92a, 92b, AP2-5, AP2-6Provision of environmental mitigation
Provision of balancing pond and associated works and access for maintenance
28, 29, 31, 100a, 104a, 105a, 107, 112, 114aProvision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
32, 47, 48Implementation of woodland management measures
37, 41Implementation of woodland management measures
Provision of new public right of way
42, 46Provision of environmental mitigation
Provision of worksite and access for construction
Implementation of woodland management measures
52, 54, 116aProvision of worksite and access for construction and maintenance
58, 64, 66, 98aProvision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
79, 91, AP2-28, AP2-29Provision of worksite and access for construction
81aProvision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
25aProvision of environmental mitigation
Provision of access for maintenance
AP2-10, AP2-11, AP2-38Diversion or installation of, or works to, utilities apparatus
Provision of flood mitigation measures
AP2-20Provision of drainage and associated works
94aProvision of environmental mitigation
Provision of drainage and associated works
103aProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Parish of Fradley and StreethayAP2-1, AP2-21Provision of environmental mitigation
AP2-24, AP2-30, AP2-36a, AP2-37, AP2-38, AP2-44, AP2-45, AP2-66, AP2-67, AP2-70, AP2-72, AP2-72a, AP2-76, AP2-80, AP2-82, AP2-106, AP2-134, AP2-135, AP2-135a, AP2-136, AP2-138Provision of worksite and access for construction
AP2-22, AP2-46, AP2-47, AP2-50, AP2-51, AP2-52, AP2-53, AP2-55, AP2-59, AP2-60, AP2-65, AP2-83, AP2-85, AP2-87, AP2-88, AP2-90, AP2-92, AP2-93, AP2-98, AP2-100, AP2-104, AP2-105, AP2-107, AP2-109, AP2-110, AP2-111, AP2-114, AP2-116, AP2-128, AP2-129, AP2-130, AP2-131a, AP2-132, AP2-133, AP2-141, AP2-143, AP2-145, AP2-146, AP2-147, AP2-150, AP2-151, AP2-155, AP2-157Provision of environmental mitigation
Provision of worksite and access for construction
AP2-119, AP2-120, AP2-122Provision of environmental mitigation
Provision of worksite and access for construction
Provision of drainage and associated works
AP2-61, AP2-62, AP2-64Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
AP2-40, AP2-43, AP2-68, AP2-71, AP2-163Provision and renewal of railway systems for operational purposes and drainage
AP2-19, AP2-20, AP2-23Diversion or installation of, or works to, utilities apparatus
AP2-16Provision of environmental mitigation
Provision and renewal of railway systems for operational purposes and drainage
Provision of drainage and associated works
AP2-117Provision of new public right of way
Parish of Curborough and ElmhurstAP4-3 to AP4-7Diversion or installation of, or works to, utility apparatus
Parish of LichfieldAP4-3Diversion or installation of, or works to, utility apparatus
Parish of Longdon4 to 6, 8 to 10, 13, 14Diversion and installation of overhead electric lines
Parish of Kings Bromley1, 4Provision and renewal of railway systems for operational purposes and drainage
119, 160, 185, 186, 193a, 194, AP2-3, AP2-5, AP2-8, AP2-9, AP2-11 to AP2-13, AP2-27, AP2-28Provision of environmental mitigation
Provision of worksite and access for construction
98, 100, 114a, 118a, 124a, 130a, AP2-17, AP2-41, AP2-46aProvision of worksite and access for construction and maintenance
AP2-54Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
Provision of worksite and access for construction
AP2-33, AP2-35a, AP2-35b, AP2-35cProvision of worksite and access for construction
Provision of environmental mitigation
Provision of drainage and associated works
52a, 52b, 121Provision of worksite and access for construction
165, AP2-52, AP2-52a, AP2-53Provision of environmental mitigation
AP2-46b, AP2-46cProvision of environmental mitigation
Provision of drainage and associated works
61a, 78, 81, 146, AP2-7, AP2-40, AP4-2, AP4-3, AP4-5, AP4-6, AP4-8, AP4-9Diversion or installation of, or works to, utilities apparatus
62, 65, 140A, 192, 192b, AP1-1 to AP1-5, AP1-7, AP1-9 to AP1-12, AP2-39, AP2-43, AP2-44, AP4-1Diversion and installation of overhead electric lines
83, 90Diversion and installation of overhead electric lines
Provision of environmental mitigation
85a, 86Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
88Provision of access for construction
91, 195, 196Provision of drainage and associated works
95, 168, 187Provision of worksite and access for construction and maintenance
Provision of environmental mitigation
102, AP2-35aProvision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
128aProvision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
AP2-31aProvision of worksite and access for construction
Diversion and installation of overhead electric lines
Provision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
138, 139, 142Diversion or installation of, or works to, utilities apparatus
Provision of worksite and access for construction
148Diversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
Provision of worksite and access for construction
161, 171Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
AP2-15, AP2-19, AP2-20a, AP2-21a, AP2-25Provision of worksite and access for construction
Diversion and installation of overhead electric lines
130bProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
Provision of drainage and associated works
140cDiversion or installation of, or works to, utilities apparatus
Diversion and installation of overhead electric lines
Provision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Parish of Armitage with Handsacre1, 4Provision of worksite and access for construction
11, 14, 15Provision of worksite and access for construction
Provision of drainage and associated works
18, 20, 24, AP2-1 to AP2-3Provision of worksite and access for construction and maintenance
Parish of Colton10, 16, 17Provision and renewal of railway systems for operational purposes and drainage
Borough of Stafford Parish of Colwich24, AP2-1Provision and renewal of railway systems for operational purposes and drainage
Metropolitan Borough of Solihull Parish of Berkswell2a, 4, 28a, AP2-4Provision of environmental mitigation
Provision of worksite and access for construction
6a, 6b, 8, 9, 10, 12, 17, 32c, 67, AP2-8, AP2-9Provision of worksite and access for construction
24, 26b, 47, 54, 71, 72Diversion and installation of overhead electric lines
31Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
35Provision of environmental mitigation
Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utilities apparatus
Provision of electricity supply system and access
36a, 36bProvision of environmental mitigation
Diversion or installation of, or works to, utilities apparatus
37Provision of electricity supply system and access
42, AP2-10, AP2-11Provision of environmental mitigation
Provision of worksite and access for construction
Provision of new public right of way
43Provision of environmental mitigation
Provision of worksite and access for construction
Installation of ground anchors
53Provision of new public right of way
55Provision of environmental mitigation
Provision of drainage and associated works
Provision of worksite and access for construction
Provision of new public right of way
59Provision of worksite and access for construction
Provision of new public right of way
60, 64 and 69Provision of drainage and associated works
Provision of worksite and access for construction
63Provision of environmental mitigation
Provision of drainage and associated works
32b, 127, 128, 134, 145, 164a, 165c, 209, AP2-14Provision of environmental mitigation
129, 136, 167, 168a, 168c, 169, 170, 172a, 174, 185, 186, 188, 191, 193, 205, 207, 216, 218, 219, 231, 236Provision of worksite and access for construction
130a, 142Provision and renewal of railway systems for operational purposes and drainage
143Provision of a worksite and access for construction and maintenance
Provision of balancing pond and associated works and access for maintenance
140, 141, 162, 175, 206, 211, 220, 230Provision of worksite and access for construction and maintenance
147, 151, 152, 153, 155Provision of worksite and access for construction and maintenance
Diversion or installation of, or works to, utility apparatus
Provision of environmental mitigation
158Provision of flood mitigation measures
Provision of worksite and access for construction and maintenance
172, 221, 222Provision of flood mitigation measures
Provision of worksite and access for construction
195, 204, 208, 238Provision of environmental mitigation
Provision of worksite and access for construction
223, 233Provision of balancing pond and associated works and access for maintenance
Parish of Meriden3Provision of environmental mitigation
Provision of worksite and access for construction
Parish of Hampton-in-Arden1Provision of worksite and access for construction and maintenance
Provision of new public right of way
2Provision of environmental mitigation
4, 6, AP2-6Provision of environmental mitigation
Provision of worksite and access for construction
7, 15, 16, 16b, 17, 17b, 18, 27 to 29, 30a, 31a, 37b, 50a, 52, 54, 62, AP2-24Provision of worksite and access for construction
8, 26, 34, 45, 55Provision of balancing pond and associated works and access for maintenance
9Provision of drainage and associated works
16a, 17a, 18a, AP2-8, AP2-10, AP2-11Provision of worksite and access for construction
Provision of flood mitigation measures
22Provision of worksite and access for construction and maintenance
24, 43Provision of a turning head
36, 41Provision of worksite and access for construction and maintenance
Provision of balancing pond and associated works and access for maintenance
35, 42Provision of worksite and access for construction and maintenance
Provision of balancing pond and associated works and access for maintenance
Provision of new public right of way
46aProvision of balancing pond and associated works and access for maintenance
Provision of new public right of way
47aProvision of worksite and access for construction
Diversion or installation of, or works to, utility apparatus
49Provision of flood mitigation measures
25b, 25cMinor highway alterations
37aProvision of balancing pond and associated works and access for maintenance
Provision of drainage and associated works
Provision of environmental mitigation
47bProvision of worksite and access for construction
Diversion of installation of or works to, utilities apparatus
Provision of new public rights of way
Provision of worksite and access for construction
AP2-26Provision of drainage and associated works
Parish of Bickenhill2, 3Provision of balancing pond and associated works and access for maintenance
6, 7, 10, 18, 22, 23, 29, 31, 32, 35, 46, 48, 57, 60, 61, 69, 71a, 74 to 76Provision of worksite and access for construction
37, 40, 41b, 62, 69aProvision of worksite and access for construction
Diversion and installation of overhead electric lines
41Provision of worksite and access for construction and maintenance
Diversion and installation of overhead electric lines
12Provision of balancing pond and associated works and access for maintenance
11Provision of balancing pond and associated works and access for maintenance
Minor highway alterations
42a, 42b, 42c, 57a, 57b, 57cProvision and renewal of railway systems for operational purposes and drainage
58Diversion or installation of, or works to, utilities apparatus
71Provision of worksite and access for construction
Diversion and installation of overhead electric lines
Provision of balancing pond and associated works and access for maintenance
71bProvision of environmental mitigation
Provision of worksite and access for construction
Diversion and installation of overhead electric lines
Provision of balancing pond and associated works and access for maintenance
85Provision of environmental mitigation
Diversion and installation of overhead electric lines
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
87Provision of environmental mitigation
90Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
88Provision of balancing pond and associated works and access for maintenance
Diversion or installation of, or works to, utilities apparatus
91Diversion or installation of, or works to, utilities apparatus
Reinstatement of businesses or facilities
91aReinstatement of businesses or facilities
Parish of Dickens HeathAP4-1Reinstatement of businesses or facilities
Parish of Chelmsley Wood6Provision of worksite and access for construction and maintenance
City of Birmingham1aDiversion and installation of overhead electric lines
3a, 4b, 4c, AP2-11, AP2-12Provision of worksite and access for construction
5aProvision of environmental mitigation
12Provision of environmental mitigation
Provision of worksite and access for construction
8Provision of environmental mitigation
Provision of worksite and access for construction
Diversion or installation of, or works to, utilities apparatus
9Provision of environmental mitigation
Provision of flood mitigation measures
9a and 9bProvision of environmental mitigation
Provision of flood mitigation measures
Diversion and installation of overhead electric lines
13a, 15, 29, 32, 33Provision of environmental mitigation
Provision of worksite and access for construction
Provision of flood mitigation measures
14, 28Provision of environmental mitigation
Provision of worksite and access for construction
Diversion and installation of overhead electric lines
Provision of flood mitigation measures
16, 31, 54 to 56, 69, 78, 157m, 157n, 157p, 157q, 157s, 159, 163, 194, 195, 196, 214 to 216, 218, 281, 282, 300h, 308, 315, 316, 320, 327, 328, 330, 353, 364, 385, 386, 401Provision of worksite and access for construction
23, 24, 27Provision of worksite and access for construction
Diversion and installation of overhead electric lines
26Provision of environmental mitigation
41Provision of balancing pond and associated works and access for maintenance
Provision of environmental mitigation
46, 151, 157r, 245, 264, 267, 300a, 300b, 300c, 478, 479Provision of worksite and access for construction
Diversion or installation of, or works to, utility apparatus
63a, 63b, 63c, 63d, 63f, 63g, 63h, 63i, 63j, 63k, 85a, 85b, 85c, 85d, 85e, 85f, 85g, 85h, 85i, 85j, 85k, 87c, 87e, 87f, 87g, 87h, 87i, AP2-5, AP2-7, AP2-9, AP4-25 to AP4-28Reinstatement of businesses or facilities
67Provision of worksite and access for construction
Provision and renewal of railway systems for operational purposes and drainage
102a, 102b, 102c, 102d, 157d, 157f, 157h, 157i, 157k, 246, 248, 251a, 251b, 251c, 251d, 251e, 251f, 251g, 251h, 251j, 251k, 251n, 261, 263, AP4-20 to AP4-22, AP4-24Diversion or installation of, or works to, utility apparatus
157c, 157e, 157g, 274a, 322, 355, 363, 376Provision and renewal of railway systems for operational purposes and drainage
223Provision of worksite and access for construction
Provision of access for construction and maintenance
268Provision and renewal of railway systems for operational purposes and drainage
Diversion or installation of, or works to, utility apparatus
269, 271 to 273, 324, 419Provision of worksite and access for construction
Provision of balancing pond and associated works and access for maintenance
300d, 300eRemoval of utility apparatus
19, 304, 305, 306, 326, 326aProvision of balancing pond and associated works and access for maintenance
332, 334, 339, 340, 345, 346, 360, 366, 379, 384, 387, 388, 395, AP4-30, AP4-31Provision of worksite and access for construction and maintenance
367, 368Provision and renewal of railway systems for operational purposes and drainage
Provision of worksite and access for construction and maintenance
437Provision of worksite and access for construction
Provision of a turning head
317Minor highway alterations
City of Manchester1 to 6Modification to depot

Section 4(5)

SCHEDULE 6Acquisition of land: application of compulsory purchase legislation

Land Clauses Consolidation Act 1845 (c. 18)

1The Land Clauses Consolidation Act 1845 does not apply to the acquisition of land under section 4(1).

Compulsory Purchase Act 1965 (c. 56)

2(1)In its application by virtue of section 4(3), the Compulsory Purchase Act 1965 has effect as if it were subject to the following modifications.

(2)Omit section 4 (time for exercise of compulsory purchase powers).

(3)In section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice)-

(a)in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, for "fourteen days" substitute "one month's", and

(b)in any other case, for "fourteen days" substitute "three months'".

(4)In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for "section 4 of this Act" substitute "section 10(1) of the High Speed Rail (London - West Midlands) Act 2017".

(5)In Schedule 3 (alternative procedures for obtaining rights of entry), omit paragraph 3(3) (requirement as to sureties in relation to bond for compensation).

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

3(1)In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if it were subject to the following modifications.

(2)In section 3 (preliminary notices), for subsection (1) substitute-

"(1)Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is-

(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b)published in the London Gazette."

(3)In subsection (2) of section 3, for "(1)(b)" substitute "(1)".

(4)In that section, omit subsections (5) and (6) and at the end insert-

"(7)For the purposes of this section, a person has a relevant interest in land if-

(a)the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b)the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month."

(5)In section 5 (earliest date for execution of declaration)-

(a)in subsection (1), after "publication" insert "in the London Gazette", and

(b)omit subsection (2).

(6)References to the Compulsory Purchase Act 1965 are to be read as references to that Act as applied by section 4(3) to the acquisition of land under section 4(1).

Acquisition of Land Act 1981 (c. 67)

4(1)Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to compulsory purchase where unnecessary things done with view to obtaining compensation) has effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act.

(2)Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of working of mines or minerals underlying an authorised undertaking) have effect in relation to land to which section 4(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

(3)In their application by virtue of sub-paragraph (2), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 have effect as if-

(a)references to the acquiring authority, except the second reference in paragraph 6, were to the nominated undertaker, and

(b)references to the undertaking were to the undertaking which the nominated undertaker is authorised by this Act to carry on.

Section 5(3)

SCHEDULE 7Acquisition of rights in land: power to impose restrictive covenants

AreaNumber of land shown on deposited plansPurpose for which restrictive covenant may be imposed
London Borough of Camden215, 218, 224 to 228, 230 to 235, 238 to 240, 242 to 248, 253 to 255, 257 to 287, 310 to 343, 345 to 349, 391, 393 to 400, 413 to 419, 425 to 427, 430, 431, 436 to 444, 447 to 471, 474, 476 to 507, 510 to 521, 523 to 608, 610 to 642, 645 to 647, 650, 653 to 655, 657, 660 to 663, 666 to 679, 682 to 685, 688, 689, 692, 695, 696, 700 to 702, 709, 710, 714, 718, 720, 723, 729 to 740, 744, 747, 748, 752 to 754, 756 to 765, 769, 778 to 780, 814Protection above tunnels
City of Westminster11, 13 to 57, 59 to 247, 249 to 267Protection above tunnels
London Borough of Brent3, 5 to 13, 15 to 24, 26, 30 to 34, 46a, 47, 65a, 66 to 68, 70 to 76, 79 to 86, 89, 93, 101, 102, 109, 111 to 118, 120 to 140, 142 to 179, 181, 182, 188, 192 to 195, 197, 199 to 217, 219 to 240, 242, 246 to 268, 270 to 311, 313, 315 to 325, 328 to 367, 369, 380, 382, 383a, 383b, 384, 386, 388, 389, 392, 393, 396Protection above tunnels
Royal Borough of Kensington & Chelsea14, 17, 18, 20Protection above tunnels
London Borough of Hammersmith & Fulham1 to 4, 18, AP2-9 to AP2-12Protection above tunnels
London Borough of Ealing360 to 364, 366 to 368, 372, 374, 377 to 386, 391, 398, 399, 401 to 405, 411, 414 to 430, 432 to 437, 440 to 444, 446 to 450, 452a, 463 to 465, 467 to 469, 472 to 481, 483 to 491 493, 494, 495a, 498a, 499a, 504, 506a, 505 to 513, 521 to 526, 540 to 553, 557 to 561, 581, 583 to 639, 641 to 644, 646 to 659, 661, 663, 664, 670 to 674, 682 to 687, 689, 699, 700, 702 to 707, 712 to 715, 718 to 764, 773 to 775, 791, 792, 794 to 797, 801, 812 to 814, 822, 823, 825, 831 to 840, 846, 848, 851, 853, 854, 856 to 866, 869, 870, 884 to 894, 896, 900 to 921, 924, 927, 929 to 941, 952, 971a, 978, 980 to 983, 986, 991 to 999, 1001, 1006, 1008 to 1012, 1016 to 1026, 1031, 1032, 1034 to 1036, AP2-2 to AP2-6Protection above tunnels
London Borough of Hillingdon19, 21, 29, 31 to 35, 43 to 45, 53, 64 to 67, 70 to 73, 79 to 83, 86 to 95, 98, 108 to 116, 140 to 154, 155a, 161 to 174, 176a, 178 to 182, 183a, 186, 188, 189, 192, 194 to 196, 207 to 213, 221 to 223, 225 to 228, 249 to 347, 350 to 360, 362 to 364, 369Protection above tunnels
County of Buckinghamshire District of Chiltern Parish of Amersham5, 13Preservation of ground reprofiling
12, 15, 16, 19 to 21, 35, 36, 36a, 42, 48 to 50, 52 to 55, 60, 62, 63, 68, 69, 73, 80 to 82Protection above tunnels
District of Aylesbury Vale Parish of Waddesdon12, 22, 23Preservation of ground reprofiling
District of Chiltern Parish of Chalfont St. Peter32 to 34, 43, 48, 51 to 65, 67 to 69, 74, 79, 81, 84, 86 to 88Protection above tunnels
Parish of Chalfont St. Giles7, 8, 10 to 45, 47 to 58, 60 to 73, 81, 86, 90, 92, 97, 100, 103 to 126Protection above tunnels
Parish of Coleshill6, 7Protection above tunnels
Parish of Little Missenden21 to 24, 27 to 29, 33, 35, 39 to 43, AP4-1 to AP4-6, AP4-6aProtection above tunnels
Parish of Great MissendenAP4-1, AP4-1a, AP4-2 to AP4-11, AP4-18 to AP4-30Protection above tunnels
County of Warwickshire District of Stratford-on-Avon Parish of Wormleighton33, 45, 51, 57Preservation of ground reprofiling
Parish of Stoneton26Preservation of ground reprofiling
Parish of Radbourn4Preservation of ground reprofiling
Parish of Ladbroke4, 11Preservation of ground reprofiling
District of Warwick Parish of Offchurch14, 16, 46Preservation of ground reprofiling
District of North Warwickshire Parish of Coleshill418Preservation of ground reprofiling
Parish of Middleton23, 86, 136, 138, 141, 142, 147, 154Preservation of ground reprofiling
County of Staffordshire District of Lichfield Parish of Drayton Bassett4Preservation of ground reprofiling
Parish of Whittington86, 90Preservation of ground reprofiling
County of Warwickshire District of Stratford-on-Avon Parish of Long Itchington28, 29, 34b, 38, 40 to 43, 45Protection above tunnels
City of Birmingham79, 93 to 95, 97 to 102, 103, 106, 107, 111, 112, 114 to 121, 123 to 131, 133 to 150, 152 to 157, 177 to 180Protection above tunnels

Section 5(4)

SCHEDULE 8Land in which only rights may be acquired compulsorily

AreaNumber of land shown on deposited plansPurpose for which rights may be acquired
London Borough of Camden29aOperation and maintenance of plant
Passage for emergency use
120 to 139, AP3-9 to AP3-20Installation of ground anchors
483, 485, 722, 789, 790Provision of access for utility works
AP3-23Provision of access for construction
Royal Borough of Kensington & Chelsea8, AP2-1, AP2-2, AP2-3Provision of access for construction and maintenance
London Borough of Hammersmith & Fulham70Provision of access for construction
78Provision of access for construction and maintenance
London Borough of Brent377, 378, AP2-1Provision of access for construction and maintenance
London Borough of Ealing249, 388, 389, 390, 392 to 395, AP2-34Provision of access for construction
517, 765 to 769, 875, 895, 990, 1027 to 1029Provision of access for utility works
666, 667Provision of access for construction
AP4-4 to AP4-6Provision of worksite and access for construction and maintenance
London Borough of Hillingdon36 to 38, 46 to 49, 113 to 116, 117 to 127, 241 to 248, 378, 680, 715a, 715b, 718, 730Provision of access for utility works
695, 721, 732, 752, 766, 767a, 769, 783a, 785, 788, 791Provision of access for construction and maintenance
722, 725Provision of access for construction
AP2-2Acquisition of rights in relation to the airspace above the land
County of Buckinghamshire District of South Bucks Parish of Denham1c, 1e, 1h, 1k, 1lProvision of access for utility works
District of Chiltern Parish of Amersham70, 78Provision of access for construction
Parish of Little Missenden1, 5Provision of access for construction
Parish of Great Missenden148, 165, 168Provision of access for maintenance
AP4-32 to AP4-36, AP4-40Provision of access for construction and maintenance of utility diversions
AP4-83Provision of access for utility works
District of Aylesbury Vale Parish of Quainton82, 108a, 108b, 114, 116, 121, 129, 130, 147, 148, 217, 252, 256Provision of access for construction and maintenance
132, 134, 137, 139, 246, 268, 269, 269a, 269b, 275a, AP1-4, AP1-15Provision of access for utility works
170a, 180, 201aProvision of access for construction and maintenance of utility diversions
213, 221, 229, 247Provision of access for maintenance
Parish of Woodham2 to 13Provision of access for construction and maintenance
Parish of Hogshaw6a, 7, 10, 11, 12, 18Provision of access for construction and maintenance of utility diversions
Parish of East Claydon2, 3, 5a, 7aProvision of access for construction and maintenance of utility diversions
Parish of Grendon Underwood14aProvision of access for maintenance
AP1-2, AP1-4, AP1-8Provision of access for utility works
Parish of Steeple Claydon25Provision of access for construction and maintenance
Parish of Twyford98, 104Provision of access for construction and maintenance
Parish of Preston Bissett5Provision of access for construction
11, 53, 57, 60, AP1-4Provision of access for construction and maintenance
County of Oxfordshire District of Cherwell Parish of Godington4, 11, 16 to 21Provision of access for construction and maintenance
Parish of Finmere13, 16, 17Provision of access for construction and maintenance
56, 58 to 60Provision of access for construction and maintenance of utility diversions
Parish of Mixbury16, 42Provision of access for construction and maintenance of utility diversions
County of Northamptonshire District of South Northamptonshire Parish of Evenley1Provision of access for construction and maintenance of utility diversions
Parish of Boddington43Provision of access for construction and maintenance of utility diversions
Parish of Brackley17Provision of access for construction and maintenance
Parish of Chipping Warden and Edgcote57Provision of access for construction and maintenance of utility diversions
Parish of Thorpe Manderville45Provision of access for construction and maintenance
Parish of Culworth5Provision of access for construction and maintenance
County of Buckinghamshire District of Aylesbury Vale Parish of Turweston1b, 7, 9a, 25, 31, 33, 35Provision of access for construction and maintenance of utility diversions
39Provision of access for construction and maintenance
Parish of Chetwode4, 6, 7, 10, 11, 18, 26, 36Provision of access for construction and maintenance
57Provision of access for maintenance
66, 67, 68a, 69, 70Provision of access for construction
Parish of Barton Hartshorn29, 30Provision of access for construction and maintenance
District of Chiltern Parish of The Lee29, 30Provision of access for construction and maintenance
District of Aylesbury Vale Parish of Wendover26Provision of access for construction
141, 253 to 256Provision of access for construction and maintenance
District of Wycombe Parish of Ellesborough4a, 65, 82Provision of access for utility works
40, 49, 59, 67Provision of access for construction and maintenance
District of Aylesbury Vale Parish of Stoke Mandeville5, 57, 85Provision of access for construction and maintenance
137, 139Provision of access for utility works
Parish of Stone with Bishopstone and Hartwell1Provision of access for utility works
92Provision of access for construction and maintenance
Parish of Fleet Marston3Provision of access for construction and maintenance
22Provision of access for construction
Parish of Waddesdon86Provision of access for maintenance
115 to 118Provision of access for construction and maintenance
County of Warwickshire District of Stratford-on-Avon Parish of Wormleighton19, 29, 30, 31aProvision of access for construction and maintenance of utility diversions
39aProvision of access for construction and maintenance
Parish of Stoneton20Provision of access for construction and maintenance of utility diversions
Parish of Radbourn8a, 31Provision of access for construction and maintenance of utility diversions
Parish of Ladbroke14, 16, 17Provision of access for construction and maintenance of utility diversions
Parish of Southam38, 66, 67, 69, 88, 98, 102, 104, 108, 109Provision of access for construction and maintenance of utility diversions
44 and 50Provision of access for construction and maintenance
Parish of Long Itchington3, 18, 21Provision of access for construction and maintenance of utility diversions
District of Warwick Parish of Offchurch72Provision of access for construction and maintenance of utility diversions
Parish of Cubbington7Provision of access for construction and maintenance of utility diversions
Parish of Stoneleigh19Provision of access for construction and maintenance of utility diversions
90, 95, AP1-1Provision of access for construction and maintenance
142, 143a, 145, 146aProvision of access for construction and maintenance
Parish of Kenilworth22, 26Provision of access for construction and maintenance of utility diversions
AP4-1Provision of access for utility works
Parish of Burton Green10, 24, 25, 39a, 39b, 54, 60, 71Provision of access for construction and maintenance of utility diversions
District of North Warwickshire Parish of Little PackingtonAP1-2, AP1-3Provision of worksite and access for construction
Parish of Coleshill1t, 254a, AP2-19, AP2-22, AP2-23Provision of access for construction and maintenance
47, 270a, 319Provision of access for utility works
109, 111, AP2-25, AP2-25aProvision of access for construction and maintenance
433aProvision of access for construction and maintenance of utility diversions
498a, AP4-23Provision of access for construction
Parish of Water Orton150Provision of access for construction and maintenance of utility diversions
Parish of ShustokeAP4-4, AP4-7, AP4-8Provision of access for construction
Parish of Curdworth17, 29, 46, 108, 157, 230, 232a, AP1-8, AP1-12 to AP1-14Provision of access for utility works
84Provision of access for construction and maintenance of utility diversions
AP1-4Provision of access for construction and maintenance
AP4-37Diversion and installation of overhead electric lines
AP4-2, AP4-10 to AP4-14, AP4-25 to AP4-28Provision of access for construction
Parish of Lea MarstonAP4-5, AP4-6, AP4-10Provision of access for construction
Parish of Wishaw and Moxhull1, 2, 3, 6b, 14a, 19a, AP1-3 to AP1-5Provision of access for utility works
Parish of Middleton28Provision of access for utility works
68a, AP2-22, AP2-24Provision of access for construction and maintenance
County of Staffordshire District of Lichfield Parish of Drayton Bassett20b, 20c, 21a, 39, 115, AP1-10 to AP1-12, AP2-12Provision of access for utility works
34, AP2-11Provision of access for construction and maintenance
41, 57, 124Provision of new vehicular right on existing public right of way
Parish of Fazeley2, 4, 5, 7Provision of access for utility works
Parish of Hints with Canwell12, 19, 26, 27, 29, AP1-1, AP1-2, AP2-1Provision of access for utility works
136Provision of access for construction and maintenance
54aProvision of new vehicular right on existing public right of way
140Provision of access for construction and maintenance. Provision of new vehicular right on existing public right of way
Parish of WeefordAP1-3aProvision of access for utility works
AP1-6, AP1-7, AP1-9, AP1-12, AP1-13Provision of access for construction
Parish of Whittington43Provision of new vehicular right on existing public right of way
Parish of Fradley and Streethay129, 313 to 315, AP2-103a, AP2-135aProvision of access for construction and maintenance
Parish of Alrewas1Provision of access for construction and maintenance
Parish of Curborough and Elmhurst2, 3Provision of access for construction and maintenance
Parish of Longdon7, 11Provision of access for construction and maintenance
1, 2Provision of access for utility works
Parish of Kings Bromley3Provision of access for construction
83a, 110, AP2-37Provision of access for construction and maintenance
140b, 192aProvision of access for utility works
AP1-8Provision of access for utility works
Parish of Colton15, 18Provision of access for construction and maintenance
Metropolitan Borough of Solihull Parish of Berkswell25, 44, 46, 70, 73, AP4-2Provision of access for utility works
135Provision of access for construction and maintenance
229Provision of access for construction
Parish of Bickenhill4, 5Provision of access for maintenance
14 to 16, 33, 38, 39, AP2-1 to AP2-4Provision of access for construction and maintenance
41aProvision of access for construction and maintenance
Diversion and installation of overhead electric lines
AP1-1Diversion and installation of overhead electric lines
42, 43a, 44, 45, 46aProvision of access for construction
City of Birmingham17, 18Provision of access for construction and maintenance
307, AP2-3, AP2-4, AP2-6, AP2-8Provision of access for construction and maintenance
AP1-1 to AP1-4Provision of access for construction

Section 5(7)

SCHEDULE 9Acquisition of rights in land: application of compulsory purchase legislation

Compulsory Purchase Act 1965 and compensation enactments

1Part 1 of the Compulsory Purchase Act 1965 (referred to in this Schedule as "CPA 1965"), as applied by section 4(3) to the acquisition of land under section 4(1), and the enactments relating to compensation for the compulsory purchase of land, apply to a compulsory acquisition under section 4(1) by virtue of section 5-

(a)with the modifications specified in paragraph 2, and

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

2(1)The modifications referred to in paragraph 1(a) are as follows.

(2)References in CPA 1965 to land are, in 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 (as the case may be) the restrictive covenant imposed or to be imposed, or

(b)the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable.

(3)For section 7 of CPA 1965 substitute-

"7Measure of compensation in case of purchase of new right or imposition of new restrictive covenant

In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is acquired or the restrictive covenant is imposed is depreciated by the acquisition of the right or the imposition of the covenant, 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)In section 8 of CPA 1965 (provisions as to divided land), for subsection (1) substitute-

"(1)This subsection applies where-

(a)a notice to treat in respect of a right over, or restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house ("the relevant land") has been served on a person under section 5 of this Act,

(b)in consequence of the service of the notice, a question of disputed compensation in respect of the acquisition of the right or imposition of the covenant would, apart from this section, fall to be determined by the Upper Tribunal, and

(c)before the Upper Tribunal has determined that question, the person on whom the notice has been served satisfies the Upper Tribunal that the relevant conditions are met.

(1A)The relevant conditions are-

(a)that the person has an interest which the person is able and willing to sell in the whole of the relevant land,

(b)where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right or covenant without material detriment to it, and

(c)where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right or covenant without seriously affecting the amenity or convenience of the house.

(1B)Where subsection (1) above applies-

(a)the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served-

(i)cease to authorise the acquisition of the right or imposition of the covenant to which the notice relates, and

(ii)be deemed to authorise the acquisition of that person's interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and

(b)the notice to treat shall be deemed to have been served in respect of that interest on such date as the Upper Tribunal directs.

(1C)Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Upper Tribunal.

(1D)Where the Upper Tribunal determines that the person on whom a notice to treat has been served has satisfied the Upper Tribunal as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.

(1E)Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat."

(5)The following provisions of CPA 1965 (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)-

are so modified 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 acquired compulsorily or the benefit of the covenant which is to be imposed is vested absolutely in the acquiring authority.

(6)Section 11 of CPA 1965 (powers of entry) is modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right or restrictive covenant as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 4(1)), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right or enforcing that covenant; and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of that Act are modified accordingly.

(7)Section 20 of CPA 1965 (compensation for short-term tenants) 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 of the land, but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question.

(8)Section 22 of CPA 1965 (protection of acquiring authority's possession of land where interest accidentally omitted from purchase) is so modified 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 or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(9)In the Land Compensation Act 1973, for section 44 substitute-

"44Compensation for injurious affection

(1)Where-

(a)a right over land is acquired from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, or

(b)a restrictive covenant over land is imposed on any person for the purpose of such works,

compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable or the covenant is enforceable.

(2)In this section, "compensation for injurious affection" means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 1 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017."

(10)For section 58 of that Act substitute-

"58Determination of material detriment where right over part of house etc proposed for compulsory acquisition

(1)Subsection (2) applies where the Upper Tribunal is determining under section 8(1)(c) of the Compulsory Purchase Act 1965, as applied by paragraph 1 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017 whether-

(a)a right over or restrictive covenant affecting part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or

(b)a right over or restrictive covenant affecting part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house.

(2)The Tribunal shall take into account, not only the effect of the right or covenant on the whole of the house, building or manufactory or of the house and the park or garden, but also the use to be made of the right or covenant proposed to be acquired or imposed and, in a case where the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land."

Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments

3(1)The Compulsory Purchase (Vesting Declarations) Act 1981 ("the 1981 Act"), as applied by section 4(4) to the acquisition of land under section 4(1), applies to a compulsory acquisition under section 4(1) by virtue of section 5-

(a)with the modifications specified in paragraph 4, and

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

(2)The enactments relating to compensation for the compulsory purchase of land also apply to a compulsory acquisition under section 4(1) by virtue of section 5.

4(1)The modifications referred to in paragraph 3(1)(a) are as follows.

(2)References in the 1981 Act to land are, in 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 (as the case may be) the restrictive covenant imposed or to be imposed, or

(b)the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable.

(3)References in the 1981 Act to the Compulsory Purchase Act 1965 are to be read as references to that Act as it applies to a compulsory acquisition under section 4(1) by virtue of section 5.

(4)Section 8(1) of the 1981 Act (vesting, and right to enter and take possession) is modified so as to secure-

(a)that a general vesting declaration in respect of any right or restrictive covenant vests the right or the benefit of the covenant in the acquiring authority on the vesting date, and

(b)that, as from the vesting date, the acquiring authority have power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right or enforcing that covenant as if the circumstances mentioned in section 8(1)(a) and (b) of the 1981 Act had arisen.

(5)Section 9(2) of the 1981 Act (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies, unless notice has been served on occupiers of the land) is modified so as to require a notice served by the appropriate authority under that provision to refer to the authority's intention to enter land specified in the notice in order to exercise the right or enforce the restrictive covenant.

(6)In section 10(1) of the 1981 Act (acquiring authority's liability on vesting of land), the reference to the acquiring authority's taking possession of the land under section 11(1) of CPA 1965 is to be read instead as a reference to the authority's exercising the power to enter the land under that provision as modified by paragraph 2(6) of this Schedule.

(7)Part 1 of Schedule 1 to the 1981 Act (divided land: buildings and gardens, etc) has effect as if-

(a)in paragraph 2(1) (notice of objection to severance of buildings, gardens etc), for "part only of" there were substituted "only the acquisition of a right over, or the imposition of a restrictive covenant affecting",

(b)in paragraph 3(a), the reference to the interest in respect of which a notice of objection to severance is served were to the right or the benefit of the covenant mentioned in paragraph 2(1) (as modified by paragraph (a) of this sub-paragraph) (and subsequent references to that interest are to be construed accordingly),

(c)in paragraph 8(1), the reference to the part of the land proposed to be severed which is comprised in the general vesting declaration were to the right or covenant comprised in the declaration,

(d)for paragraph 8(2) there were substituted-

"(2)Sub-paragraph (3) applies where the Upper Tribunal is determining under this paragraph, as applied by paragraph 3 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017, whether-

(a)a right over or restrictive covenant affecting part of a house, building or factory can be taken without material detriment, or

(b)a right over or restrictive covenant affecting part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house.

(3)The Tribunal shall take into account, not only the effect of the right or covenant on the whole of the house, building or factory or of the house and the park or garden, but also the use to be made of the right or covenant proposed to be acquired or imposed and, in a case where the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.",

(e)in paragraph 9(1), the reference to a part of the land which includes the part comprised in the general vesting declaration were to a part of the land which includes the land over which the right or covenant comprised in the declaration is proposed to be exercisable or enforceable, and

(f)any reference, in relation to the acquiring authority, to entering upon or taking possession of land were to entering upon land for the purpose of exercising the right acquired or enforcing the restrictive covenant imposed.

Section 6

SCHEDULE 10Acquisition of part of land only

1(1)The person to whom the notice to treat mentioned in section 6 is given ("the owner") may, within the period of 21 days beginning with the day on which the notice is given, give the Secretary of State a counter-notice-

(a)objecting to the sale of the part ("the land subject to the notice to treat"), and

(b)stating that he or she is willing and able to sell the whole ("the land subject to the counter-notice").

(2)If no counter-notice is given under sub-paragraph (1), the owner is required to sell the land subject to the notice to treat.

(3)If-

(a)a counter-notice is given under sub-paragraph (1), and

(b)the Secretary of State agrees to take the land subject to the counter-notice,

the notice to treat is to be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(4)If-

(a)a counter-notice is given under sub-paragraph (1), and

(b)the Secretary of State does not agree to take the land subject to the counter-notice,

the question as to what land the owner is required to sell must be referred to the Upper Tribunal.

2(1)If, on a reference under paragraph 1(4), the Upper Tribunal determines that the land subject to the notice to treat can be taken-

(a)without material detriment to the remainder of the land subject to the counter-notice, and

(b)where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the house to which the garden only land belongs,

the owner is required to sell the land subject to the notice to treat.

(2)If, on such a reference, the Upper Tribunal determines that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (1), the notice to treat is to be deemed to be a notice to treat for that part.

(3)If, on such a reference, the Upper Tribunal determines-

(a)that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b)that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (4) applies, the notice to treat is to be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(4)If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Upper Tribunal determines on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the house to which the garden only land belongs, the notice to treat is to be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(5)If, on such a reference, the Upper Tribunal determines-

(a)that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

(b)that the material detriment is not confined to part of the remainder of that land,

the notice to treat is to be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(6)For the purposes of this paragraph, the land subject to the notice to treat consists of or includes "garden only land" if-

(a)it consists of the whole part or part of a park or garden belonging to a house, or

(b)it includes the whole or part of such a park or garden but does not include the house or any part of it.

3(1)Where under paragraph 2 a notice to treat is deemed by virtue of a determination of the Upper Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

(2)If the Secretary of State withdraws a notice to treat under sub-paragraph (1), the Secretary of State must pay the person to whom the notice was given compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice; and in case of dispute, such compensation is to be determined by the Upper Tribunal.

(3)Where under paragraph 1 or 2 a person is required to sell part only of a house, building or manufactory or of land consisting of a house with a park or garden, the Secretary of State must pay the person compensation for any loss sustained by the person due to the severance of that part in addition to the value of the interest acquired.

(4)A notice to treat has the effect which it is deemed to have under paragraph 1(3) or paragraph 2(3), (4) or (5) whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Act.

Section 8

SCHEDULE 11Land with restrictions relating to surface acquisition

Restriction of power of compulsory acquisition to land under the surface

1In the case of land specified in the following table, the power under section 4(1) may be exercised only in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface.

AreaNumber of land shown on deposited plans
London Borough of Camden215, 218, 224 to 228, 230 to 235, 238 to 240, 242 to 248, 253 to 255, 257 to 287, 310 to 343, 345 to 349, 391, 393 to 400, 413 to 419, 425 to 427, 430, 431, 436 to 444, 447 to 471, 474, 476 to 507, 510 to 521, 523 to 608, 610 to 642, 645 to 647, 650, 653 to 655, 657, 660 to 663, 666 to 679, 682 to 685, 688, 689, 692, 695, 696, 700 to 702, 709, 710, 714, 718, 720, 723, 729 to 740, 744, 747, 748, 752 to 754, 756 to 765, 769, 778 to 780, 814
City of Westminster11, 13 to 57, 59 to 247, 249 to 267
London Borough of Brent3, 5 to 13, 15 to 24, 26, 30 to 34, 46a, 47, 65a, 66 to 68, 70 to 76, 79 to 86, 89, 93, 101, 102, 109, 111 to 118, 120 to 140, 142 to 179, 181, 182, 188, 192 to 195, 197, 199 to 217, 219 to 240, 242, 246 to 268, 270 to 311, 313, 315 to 325, 328 to 367, 369, 380, 382, 383a, 383b, 384, 386, 388, 389, 392, 393, 396
Royal Borough of Kensington & Chelsea14, 17, 18, 20
London Borough of Hammersmith & Fulham1 to 4, 18, AP2-9 to AP2-12
London Borough of Ealing360 to 364, 366 to 368, 372, 374, 377 to 386, 391, 398, 399, 401 to 405, 411, 414 to 430, 432 to 437, 440 to 444, 446 to 450, 452a, 463 to 465, 467 to 469, 472 to 481, 483 to 491, 493, 494, 495a, 498a, 499a, 504, 505, 506a, 509 to 513, 521 to 526, 540 to 553, 557 to 561, 581, 583 to 639, 641 to 644, 646 to 659, 661, 663, 664, 670 to 674, 682 to 687, 689, 699, 700, 702 to 707
London Borough of Ealing712 to 715, 718 to 764, 773 to 775, 791, 792, 794 to 797, 801, 812 to 814, 822, 823, 825, 831 to 837, 839, 840, 846, 848, 851, 853, 854, 856 to 866, 869, 870, 884 to 894, 896, 900 to 921, 924, 927, 929 to 941, 952, 971a, 978, 980 to 983, 986, 991 to 999, 1001, 1006, 1008 to 1012, 1016 to 1026, 1031, 1032, 1034 to 1036, AP2-2 to AP2-6
London Borough of Hillingdon19, 21, 29, 31 to 35, 43 to 45, 53, 64 to 67, 70 to 73, 79 to 83, 86 to 95, 98, 108 to 116, 140 to 154, 155a, 161 to 174, 176a, 178 to 182, 183a, 186, 188, 189, 192, 194 to 196, 207 to 213, 221 to 223, 225 to 228, 249 to 347, 350 to 360, 362 to 364, 369
County of Buckinghamshire District of Chiltern Parish of Chalfont St. Peter32 to 34, 43, 48, 51 to 65, 67 to 69, 74, 79, 81, 84, 86 to 88
Parish of Chalfont St. Giles7, 8, 10 to 45, 47 to 58, 60 to 73, 81, 86, 90, 92, 97, 100, 103 to 126
Parish of Coleshill6, 7
Parish of Amersham12, 15, 16, 19 to 21, 35, 36, 36a, 42, 48 to 50, 52 to 55, 60, 62, 63, 68, 69, 73, 80 to 82
Parish of Little Missenden21 to 24, 27 to 29, 33, 35, 39 to 43, AP4-1 to AP4-6, AP4-6a
Parish of Great MissendenAP4-1, AP4-1a, AP4-2 to AP4-11, AP4-18 to AP4-30
City of Birmingham79, 93 to 95, 97 to 102, 103, 106, 107, 111, 112, 114 to 121, 123 to 131, 133 to 150, 152 to 157, 177 to 180
County of Warwickshire District of Stratford-on-Avon Parish of Long Itchington28, 29, 34b, 38, 40 to 43 and 45

Restriction of power of compulsory acquisition to land under the surface or rights of passage

2(1)In the case of land specified in the following table, the power under section 4(1) may be exercised only in either or both of the following ways-

(a)in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface;

(b)so as to acquire rights of passage.

(2)In this paragraph, "rights of passage" means easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for Phase One purposes.

AreaNumber on deposited plans
London Borough of Camden483, 485
London Borough of Ealing391, 1031, 1032, 1034
London Borough of Hillingdon113 to 116

Supplementary

3(1)Paragraphs 1 and 2 are subject to any power to impose restrictive covenants by virtue of section 5(3).

(2)Paragraphs 1 and 2 do not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where-

(a)the building is within the Act limits, and

(b)the power under section 4(1) is exercisable in relation to the building.

Section 9

SCHEDULE 12Highways: restrictions on powers to use subsoil and acquire land

AreaNumber of land shown on deposited plans
London Borough of Camden1 to 3, 5 to 8, 14, 16, 19, 20, 22 to 25, 25a, 25b, 25c, 25d, 45, 56 to 58, 64, 83 to 85, 86a, 100 to 109, 147, 148, 150, 161, 164 to 167, 186, 187, 190, 193, 195, 197, 199, 213, 214, 229, 250, 251, 252, 256, 288, 289, 290, 306, 361, 370, 380, 381, 382, 392, 412, 428, 429, 435, 445, 446, 643, 648, 649, 651, 652, 656, 658, 659, 664, 680, 681, 686, 687, 703, 707, 711, 712, 713, 715, 716, 725, 726, 728, 741, 743, 745, 770, 777, 786, 787, 788, 793, 797, 798, 799, 800, 806, 812, 813, 1062, 1064, AP3-2, AP3-7, AP3-8, AP3-24 to AP3-26
City of Westminster2, 3, 4, 5, 6, 7, 8, 9, 10, 58, 248, 268
London Borough of Brent1, 2, 4, 25, 27, 41, 42, 43, 56, 57, 59, 88, 91, 92, 103, 104, 107, 108, 141, 180, 183, 184, 186, 187, 189, 190, 191, 196, 198, 218, 241, 243, 244, 245, 269, 312, 314, 326, 327, 368, 370, 379, 385
Royal Borough of Kensington and Chelsea4, 13 and 15
London Borough of Hammersmith and Fulham26a, 27a, 30, 35, 36, 38, AP4-1a
London Borough of Ealing22, 88, 89, 107, 109, 244, 246, 247, 248, 250, 252, 253, 292, 293, 296, 316, 320, 321, 350, 369, 371, 373, 375, 407, 431, 455, 462, 470, 518, 519, 520, 536, 567, 665, 675, 709, 710, 711, 717, 777, 815, 820, 821, 829, 830, 841, 845, 850, 876, 897, 943, 953, 955, 956, 967, 976, 1000, 1004, 1005, AP4-15, AP4-15a
London Borough of Hillingdon55, 69, 74, 75, 77 , 78, 104, 105, 155, 156, 160, 177, 198, 200, 201, 215 to 218, 348, 349, 385, 386, 407 to 410, 421, 435, 446, 514, 516, 670, 698, 699, 700, 701, 703, 708, 716, 717, 721a, 757, 762, 785a, AP4-9 to AP4-11, AP4-14, AP4-24
Borough of SloughAP2-36
County of Buckinghamshire District of South Bucks Parish of Denham3, AP4-3
Parish of WexhamAP4-2
County of Hertfordshire District of Three Rivers14, 16, 45, 60, 62, 66, 106, 108
County of Buckinghamshire District of Chiltern Parish of Chalfont St Peter39 to 42, 66, 71, 72, 77, 78
Parish of Chalfont St Giles2
Parish of Coleshill9
Parish of Amersham26, 30, 39, 41, 43, 44, 51, 56, 57, 79
Parish of Little Missenden9, 10
Parish of Great Missenden127, 154, 169, 176, 187, AP2-1, AP4-14, AP4-37, AP4-39, AP4-50, AP4-53, AP4-71, AP4-72
County of Buckinghamshire District of Aylesbury Vale Parish of Quainton25, 29, 36, 48, 57, 154, 156, 169, 179, 183, 198, 211, 214, 227, 245, 275, AP1-1, AP2-6a
Parish of Hogshaw9, 14, 17
Parish of East Claydon1, 6, 8
Parish of Grendon Underwood14b, AP1-3, AP1-7
Parish of Calvert Green26
Parish of Steeple Claydon28, 30, 55, 57, 59, 105, 116, 118, 122, 123, 126, 127, AP4-8
Parish of Charndon1
Parish of Twyford12, 74, 79
County of Oxfordshire District of Cherwell Parish of Newton Purcell with Shelswell60, 79
Parish of Finmere21
Parish of Mixbury5, 22
County of Buckinghamshire District of Aylesbury Vale Parish of Westbury26
County of Northamptonshire District of South Northamptonshire Parish of Boddington31, 32, 35, 37, 49, 53, 53a, 55, 82, 104a, 105, 106a, 108a
Parish of Whitfield51
Parish of Radstone14, 43, 45, 48, AP2-5
Parish of Chipping Warden and Edgcote1, 5, 8, 12, 51, 64a, 67, 75, 79, AP2-2, AP2-11
Parish of Aston Le Walls7, 18
Parish of Helmdon1
Parish of Greatworth46, 47, 51, 55, 58, 78, 95a
Parish of Marston St Lawrence3
Parish of Sulgrave4
Parish of Thorpe Mandeville6, 11, 13, 22, 23, 32, 52, 57, 66
Parish of Culworth2, 4, 24, 43
County of Buckinghamshire District of Aylesbury Vale Parish of Turweston30, 63
Parish of Chetwode38, 75, 101
Parish of Barton Hartshorn31
District of Chiltern Parish of The Lee10, 41
District of Aylesbury Vale Parish of Wendover17, 22, 33, 75, 86, 104, 130, 133, 140, 144, 148, 154, 158, 164, 168, 207, 208, 209, 210, 216, 218, 225, 226, 229, 242, AP1-14, AP2-2, AP2-3, AP2-5
District of Wycombe Parish of Ellesborough6, 37, 73, 81
District of Aylesbury Vale Parish of Stoke Mandeville7, 37, 46, 52, 68, 89, AP2-1
District of Wycombe Parish of Great and Little Kimble Cum Marsh2, 8
District of Aylesbury Vale Parish of Aylesbury23
Parish of Coldharbour8, 9
Parish of Fleet Marston27
Parish of Waddesdon47, 48, 50, 108
Parish of Preston Bissett10
County of Warwickshire District of Stratford-on-Avon Parish of Wormleighton36
Parish of Ladbroke43, 45
Parish of Long Itchington8, 33, 44, 60, 62
Parish of Ufton1, 3, 14, 22
Parish of Southam106
District of Warwick Parish of Offchurch2, 8, 33
Parish of Cubbington56, AP4-5
Parish of Weston Under WetherleyAP4-5
Parish of Stoneleigh26, 32, 40, 47, 70, 149
Parish of Burton Green18, 22, 27, 66, 102
Metropolitan Borough of Solihull Parish of Berkswell13, 137, 146, 150, 154, 212 to 214, AP2-12, AP2-13, AP4-3
Parish of Chelmsley Wood1, 2, 4, 11, 12, 13, 14, 15, 17, 18, 64, 67, 69, AP2-1, AP2-2
Parish of Smiths Wood1
Parish of Castle Bromwich1
County of Warwickshire District of North Warwickshire Parish of Coleshill1e, 6, 8, 9, 10, 11, 12A, 13A, 14, 15, 17, 18, 20, 29, 30, 31, 39, 49, 54, 67, 93, 94, 151, 161, 256, 258, 259, 305, 313, 317, 430, 434, 436, 442, 444, 447, 477a, 477b, 477c, 512a, 530, 535 to 537, 541, 551a
Parish of Water Orton31, 52A, 77, 81a, 81b, 84, 90a, 95a, 101, 103, 104, 111, 114a, 114b, 121a, 121b, 121c, 127a, 127b, 134, AP4-5a, AP4-8, AP4-15, AP4-18, AP4-29
Parish of Curdworth52a, 79, 104, 105, 122, 161, 163, 197, 204, 206, 208, 209, 218
Parish of Lea Marston15, 55c, 68a
Parish of Wishaw and Moxhull14, AP1-1
Parish of Middleton33, 40, 44, 45, 62, 105a, AP2-25
County of Staffordshire District of Lichfield Parish of Drayton Bassett37, 89, AP4-2
Parish of Hints56a, 69a, 69b, 97, 132, 135, 139
Parish of Weeford5, 13, 15
Parish of Whittington1, 8, 51, 68, 70, 110a
Parish of LichfieldAP4-1, AP4-2
Parish of Fradley and StreethayAP2-18, AP2-25, AP2-39, AP2-56, AP2-58
Parish of Curborough and ElmhurstAP4-8, AP4-9
Parish of King's Bromley62, 136a, AP2-4, AP2-50, AP4-4, AP4-7, AP4-10
Parish of Colton8A, 10A
County of Staffordshire Borough of Stafford Parish of Colwich10, AP2-7
Metropolitan Borough of Solihull Parish of BalsallAP2-1, AP4-1
Parish of Hampton-in Arden16c, 23, 25a, 44a, 56, 74, 88, AP2-25
Parish of Bickenhill1, 3a, 30, 33, 34, 64, 84, 89, 92, 94
Parish of Dickens HeathAP4-2
County of Warwickshire District of North Warwickshire Parish of Little Packington8
City of Birmingham5, 6, 58, 60, 63e, 91, 92, 122, 132, 157a, 157b, 157j, 158, 247, 251m, 252a, 259, 260, 260a, 265, 270, 298, 299, 300f, 317, 326b, 326c, 347, 352, 365, 375, 380, 399, 400, 402, 403, 404, 405, 406, 407, 408, 436, 438, 440, 441, 448, 450, 458, 465, 466, 467, 480, 481, AP2-10, AP4-1, AP4-2, AP4-8 to AP4-10, AP4-23, AP4-29

Section 10

SCHEDULE 13Right to require acquisition where time limit extended

1(1)If the Secretary of State makes an order under section 10(2), the following provisions have effect as from the coming into force of the order.

(2)Those provisions do not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land.

2(1)Sub-paragraph (2) applies if a person with a qualifying interest in any of the land in relation to which the order is made gives notice to the Secretary of State (a "relevant notice") that the person desires his or her interest in such of that land as is specified in the notice to be acquired by the Secretary of State.

(2)The Secretary of State must, within 3 months immediately following receipt of the relevant notice-

(a)enter into an agreement with the person for the acquisition of the person's interest in the whole or part of the land specified in the notice,

(b)exercise the applicable compulsory acquisition powers in respect of the person's interest in the whole or part of that land, or

(c)give the person notice of the Secretary of State's intention not to proceed with the purchase of the person's interest in any of that land.

(3)For the purposes of sub-paragraph (1) a person has a "qualifying interest" in land if the person is the owner or lessee of the land.

3(1)Where a person gives the Secretary of State a relevant notice and the Secretary of State-

(a)fails to comply with the requirements of sub-paragraph (2) of paragraph 2,

(b)withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

(c)gives the person a notice under paragraph (c) of that sub-paragraph,

the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in any of the land specified in the relevant notice.

(2)Where-

(a)a person gives the Secretary of State a relevant notice, and

(b)the Secretary of State acquires in pursuance of paragraph 2(2)(a) or (b) the person's interest in some, but not all, of the land specified in the notice,

the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in the remainder of that land.

4(1)References in this Schedule to the "applicable compulsory acquisition powers" are to-

(a)the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965, as applied by section 4(3) to the acquisition of land under section 4(1), and

(b)the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 4(4) to the acquisition of land under section 4(1).

(2)In this Schedule-

Section 11

SCHEDULE 14Amendments consequential on the Housing and Planning Act 2016

1Omit section 6.

2In section 7(2) (acquisition of airspace), for paragraphs (a) and (b) substitute-

"(a)Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);

(b)Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);

(c)section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test)."

3In section 8(2) (acquisition of subsoil or under-surface), for paragraphs (a) and (b) substitute-

"(a)Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);

(b)Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);

(c)section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test)."

4In section 49 (compulsory acquisition of land for relocation)-

(a)omit subsection (4)(b), and

(b)in subsection (5), omit "237,".

5(1)Paragraph 2 of Schedule 6 (acquisition of land: application of Compulsory Purchase Act 1965) is amended as follows.

(2)For sub-paragraph (3) substitute-

"(3)In section 11(1B) (power to enter on and take possession of land the subject of a notice to treat after giving the specified notice)-

(a)in a case where the notice to treat relates only to one or more of the following-

(i)the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface;

(ii)the acquisition of airspace over land;

(iii)an easement, restrictive covenant or other right over land,

for "3 months" substitute "1 month", and

(b)after "11A(4)" insert "or (6) and (7)"."

(3)After that sub-paragraph insert-

"(3A)In section 11A (powers of entry: further notices of entry)-

(a)in subsection (1)(a), after "land" insert "under that provision",

(b)in subsection (2), after "land" insert "under that provision, to the extent that the newly identified person is the owner, lessee or occupier of the land,",

(c)in subsection (4)(a), for "14 days" substitute "7 days", and

(d)at the end insert-

"(5)Subsections (6) and (7) apply for the purposes of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person in a case where subsection (4) does not apply.

(6)The period specified in the notice must be-

(a)in a case where the notice to treat relates only to one or more of the following-

(i)the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface;

(ii)the acquisition of airspace over land;

(iii)an easement, restrictive covenant or other right over land,

a period that ends no earlier than the end of the period of 7 days beginning with the day on which the notice of entry is served, and

(b)in any other case, a period that ends no earlier than the end of the period of 28 days beginning with the day on which the notice of entry is served.

(7)The period specified in the notice must end no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.""

(4)After sub-paragraph (4) insert-

"(4A)In Schedule 2A (proposal to acquire part only of a house, building or factory)-

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

(b)at the end insert-

"Part 4Interpretation

30In this Schedule, references to entering on and taking possession of land do not include doing so under Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 (temporary possession and use of land).""

(5)Omit sub-paragraph (5).

6For paragraph 3 of Schedule 6 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981) substitute-

"3In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if-

(a)before section 4 there were inserted section 3A (as set out in paragraph 7 of Schedule 14),

(b)sections 5 and 5A (which respectively set out the earliest date, and the time limit, for the execution of a general vesting declaration) were omitted,

(c)in section 6 (notices after execution of general vesting declaration), the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 were a reference to the invitation under section 3A(3) (as inserted by paragraphs 6 and 7 of Schedule 14),

(d)in section 9 (minor tenancies and tenancies about to expire: power to enter on and take possession of land the subject of a notice to treat after giving the specified notice), for "3 months" there were substituted "14 days",

(e)in Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) were omitted, and

(f)references to the Compulsory Purchase Act 1965 were to that Act as applied by section 4(3) to the acquisition of land under section 4(1)."

7This is the section referred to in paragraph 3(a) of Schedule 6 (as substituted by paragraph 6 above)-

"3APreliminary notices

(1)Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is-

(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b)published in the London Gazette.

(2)A notice under subsection (1) must be given before the service of any notice to treat in respect of the land with respect to which the declaration is to be made.

(3)The notice must-

(a)contain a statement, in the form prescribed for the purposes of section 15(4)(e) of the Acquisition of Land Act 1981 (with any necessary modifications), about the effect of Parts 2 and 3 of this Act, and

(b)invite any person who would be entitled to claim compensation if a declaration were executed under section 4 to give the acquiring authority information about the person's name, address and interest in land, using the form prescribed for the purposes of section 15(4)(f) of the Acquisition of Land Act 1981 (with any necessary modifications).

(4)A notice complying with the preceding provisions of this section must be sent to the Chief Land Registrar and it shall be a local land charge.

(5)For the purposes of this section, a person has a relevant interest in land if-

(a)the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b)the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month."

8(1)Paragraph 2 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase Act 1965) is amended as follows.

(2)Omit sub-paragraph (4).

(3)After sub-paragraph (8) insert-

"(8A)For Schedule 2A to CPA 1965 substitute-

"SCHEDULE 2ACounter-notice requiring purchase of land

Introduction

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

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

Counter-notice requiring purchase of land

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

4A 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

5On 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.

6The 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").

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

8If the 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.

9If the 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

10On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant 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.

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

(a)the effect of the acquisition of the right or the imposition of the covenant,

(b)the use to be made of the right or covenant proposed to be acquired or imposed, and

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

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

13If the Upper Tribunal determines that the 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 authority ought to be required to take some or all of the house, building or factory, the 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.""

(4)After sub-paragraph (8A) (inserted by sub-paragraph (3) above) insert-

"(8B)In section 5A(5B) of the Land Compensation Act 1961 (relevant valuation date), for paragraphs (a) and (b) substitute-

"(a)a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration,

(b)by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and

(c)the vesting date for the right or covenant is different from the vesting date for the interest in the land,"."

(5)Omit sub-paragraph (10).

9In paragraph 4 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981), for sub-paragraph (7) substitute-

"(7)Schedule A1 to the 1981 Act (counter-notice requiring purchase of land not in general vesting declaration) has effect as if-

(a)in paragraph 1(1), for "part only of" there were substituted "only the acquisition of a right over, or the imposition of a restrictive covenant affecting,",

(b)paragraph 1(2) were omitted,

(c)references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired or the restrictive covenant proposed to be imposed,

(d)references to the additional land were to the house, building or factory over which the right or covenant is proposed to be exercisable or enforceable,

(e)in paragraphs 14 and 15, references to the severance of the land proposed to be acquired were to the acquisition of the right or the imposition of the restrictive covenant, and

(f)in paragraph 15, after "in addition to" there were substituted "or in substitution for"."

10Omit Schedule 10.

Section 12

SCHEDULE 15Extinction of rights over land

Land to which Schedule applies

1This Schedule applies to-

(a)land within the Act limits which is held by the Secretary of State for Phase One purposes, and

(b)land within the Act limits in relation to which the Secretary of State has acquired a right (whether by creating a new right or acquiring an existing right) or imposed a restrictive covenant for Phase One purposes.

Private rights

2(1)All private rights over land within paragraph 1(a) are extinguished at the appropriate time.

(2)All private rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed.

(3)In this Schedule, "private rights" include-

(a)private rights of way over land,

(b)rights of common,

(c)easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

(d)restrictions as to the user of land arising under a contract.

(4)Where the power under section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised in the case of land within paragraph 1(a) or (b), sub-paragraph (1) or (2) (as the case may be) has effect in relation to rights of common over the land notwithstanding anything in Schedule 4 to that Act (which preserves rights of common over land until payment of compensation).

3(1)The Secretary of State may, in relation to a private right, direct-

(a)that paragraph 2 does not apply to the right, or

(b)that paragraph 2 applies to the right only to the extent specified in the direction.

(2)A direction under sub-paragraph (1) must be given before the appropriate time.

(3)Paragraph 2 does not apply to-

(a)a right over land which, were the land held otherwise than by the Secretary of State, would not be capable of being acquired under section 4(1), or

(b)a right to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) applies (and see section 13 as to the application of those sections).

4(1)Any person who suffers loss by the extinction of a private right under paragraph 2 is entitled to be compensated by the nominated undertaker.

(2)Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(3)This paragraph does not apply where compensation in respect of rights of common is payable under Schedule 4 to the Compulsory Purchase Act 1965.

General rights

5(1)All general rights over land within paragraph 1(a) are extinguished at the appropriate time.

(2)All general rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed.

(3)In this Schedule, references to "general rights" over land are to-

(a)rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act,

(b)other public rights over land which are conferred by an enactment, and

(c)rights exercisable as a result of trusts or incidents to which a common, town or village green, open space or allotment is subject.

6(1)The Secretary of State may, in relation to a general right, direct-

(a)that paragraph 5 does not apply to the right, or

(b)that paragraph 5 applies to the right only to the extent specified in the direction.

(2)A direction under sub-paragraph (1) must be given before the appropriate time.

Meaning of "the appropriate time"

7(1)References in this Schedule to "the appropriate time" are to be read as follows.

(2)In the case of-

(a)land held immediately before the day on which this Act is passed, or

(b)land which, immediately before that day, was land in relation to which a right had been acquired or a restrictive covenant had been imposed,

the appropriate time is the end of the period of 14 days beginning with that day.

(3)In the case of-

(a)land acquired on or after the day on which this Act is passed, or

(b)land in relation to which a right has been acquired or a restrictive covenant has been imposed on or after that day,

the appropriate time is the time of acquisition or (in the case of a restrictive covenant) imposition.

(4)Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to land or a right acquired compulsorily or to a restrictive covenant imposed compulsorily).

(5)Where the power under section 11(1) of the Compulsory Purchase Act 1965 has been exercised in relation to the land, the appropriate time is-

(a)the time of entry under that provision, or

(b)in the case of the acquisition of a right or the imposition of a restrictive covenant, the time when the power to enter the land for the purpose of exercising the right or enforcing the covenant becomes exercisable under that provision (as modified in accordance with paragraph 2(6) of Schedule 9).

(6)Where a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 has been made in relation to the land, the appropriate time is the vesting date (within the meaning of that Act).

Amendments to registers of common land or town or village greens

8(1)This paragraph applies where-

(a)the Secretary of State acquires land within the Act limits for Phase One purposes, or

(b)the Secretary of State acquires a right, or imposes a restrictive covenant, over land within the Act limits.

(2)The Secretary of State must notify the commons registration authority of the acquisition or (in the case of a restrictive covenant) imposition if it relates to-

(a)land registered in a register of common land as common land,

(b)land registered in a register of town or village greens as a town or village green, or

(c)a right of common registered in relation to land within paragraph (a) or (b).

(3)A notice under sub-paragraph (2) must include-

(a)a copy of this Schedule,

(b)a copy of the instrument by which the acquisition or imposition was effected,

(c)the number of the register unit and (where applicable) the number of the rights section entry in the register of common land or of town or village greens to which the notice relates, and

(d)a description of the amendment required to the register in question in consequence of the acquisition or imposition.

(4)Sub-paragraph (5) applies where, in connection with the acquisition or imposition-

(a)other land is given in exchange, or

(b)other land is to be made subject to a right of common equivalent to a right of common extinguished by virtue of paragraph 2.

(5)The notice under sub-paragraph (2) must contain-

(a)details of the land being given or the right of common being granted, and

(b)an application for (as the case may be)-

(i)the registration of the land as common land or as a town or village green, or

(ii)the registration of the right being granted.

(6)The commons registration authority must make such amendments as may be necessary to a register in consequence of sub-paragraph (2) (including any amendments necessary in consequence of sub-paragraph (5)).

(7)Nothing in-

(a)regulations under section 14 of the Commons Act 2006, or

(b)regulations under section 13 of the Commons Registration Act 1965,

applies to an acquisition or imposition mentioned in sub-paragraph (1).

Interpretation

9In this Schedule-

(a)references to section 11(1) of the Compulsory Purchase Act 1965 are to that provision as applied by section 4(3) of this Act to the acquisition of land under section 4(1) of this Act;

(b)references to section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 are to that section as applied by section 4(4) of this Act to the acquisition of land under section 4(1) of this Act;

(c)"right of common" has the same meaning as in the Commons Act 2006.

Section 15

SCHEDULE 16Temporary possession and use of land

Part 1Temporary possession for construction of works

Right to enter upon and take possession of land

1(1)The nominated undertaker may enter upon and take possession of the land specified in the table in Part 4 of this Schedule-

(a)for the purpose specified in relation to the land in column (3) of the table in connection with the authorised works specified in column (4) of the table,

(b)for the purpose of constructing such works as are mentioned in column (5) of the table in relation to the land, or

(c)otherwise for Phase One purposes.

(2)The nominated undertaker may (subject to paragraph 2(1)) enter upon and take possession of any other land within the Act limits for Phase One purposes.

(3)The reference in sub-paragraph (1)(a) to the authorised works specified in column (4) of the table includes a reference to any works which are necessary or expedient for the purposes of or in connection with those works.

Exceptions

2(1)Paragraph 1(2) does not apply in relation to-

(a)land which is subject to a restricted power of compulsory acquisition,

(b)land in respect of which a notice of entry has been served under section 11 of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant, or

(c)land in respect of which a declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant.

(2)The power under section 4(1) (power to acquire land compulsorily) is not exercisable in relation to land specified in the table in Part 4 of this Schedule.

(3)But sub-paragraph (2) does not apply in relation to land specified in the table to the extent (if any) that-

(a)the land is subject to a restricted power of compulsory acquisition, or

(b)there is power by virtue of section 5(3) to impose restrictive covenants over the land.

(4)For the purposes of this Schedule, land is subject to a restricted power of compulsory acquisition if the power under section 4(1) may be exercised in relation to the land only-

(a)so as to acquire rights relating to the land (see section 5(4)),

(b)so as to acquire the subsoil or under-surface of the land or so as to acquire rights of passage over the land (see paragraphs 1 and 2 of Schedule 11),

(ignoring any power by virtue of section 5(3) to impose restrictive covenants over the land).

Powers exercisable on land of which temporary possession has been taken

3(1)Where under paragraph 1(1) or (2) the nominated undertaker has entered upon and taken possession of land, the nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act-

(a)remove any structure or vegetation from the land,

(b)construct such works as are mentioned in relation to the land in column (5) of the table in Part 4 of this Schedule,

(c)construct temporary works (including the provision of means of access) and structures on the land, and

(d)construct landscaping and other works on the land to mitigate any adverse effects of the construction, maintenance or operation of the works authorised by this Act.

(2)The other works referred to in sub-paragraph (1)(d) include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals.

(3)In this paragraph, "structure" includes any erection.

Procedure and compensation

4(1)Not less than 28 days before entering upon and taking possession of land under paragraph 1(1) or (2), the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so.

(2)The nominated undertaker may not, without the agreement of the owners of the land, remain in possession of land under paragraph 1(1) or (2) after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken.

(3)Sub-paragraph (2) does not apply, in the case of land mentioned in paragraph 1(2), if before the end of the one-year period either of the following powers has been exercised in relation to the land-

(a)the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1));

(b)the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) of this Act to the acquisition of land under section 4(1)).

(4)The nominated undertaker must pay compensation to the owners and occupiers of land of which possession is taken under paragraph 1(1) or (2) for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers under that paragraph.

(5)Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(6)Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4).

5(1)Before giving up possession of land of which possession has been taken under paragraph 1(1) or (2), the nominated undertaker must, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

(2)If no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion mentioned in paragraph 4(2) in relation to the land, the scheme is to be such as may be determined by the appropriate Ministers after consulting the nominated undertaker, the owners of the land and the relevant planning authority.

(3)Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) must provide for land to be restored to its former condition.

(4)Sub-paragraph (3) does not require land on which works referred to in paragraph 1(1)(b) or 3(1)(d) have been constructed to be restored to its former condition.

(5)Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) may not provide for the nominated undertaker to replace a structure removed under paragraph 3, other than a fence.

(6)Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which it reasonably incurs in meeting the request.

(7)The duty under sub-paragraph (1) in relation to any land is owed separately to the owners of the land and to the relevant planning authority.

(8)Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may-

(a)enter the land concerned and take that step, and

(b)require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a).

(9)In this paragraph-

(10)But where-

(a)the unitary authority in whose area the land is situated is a London borough council, and

(b)as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for that area,

the relevant planning authority is the Mayoral development corporation instead of the London borough council.

6(1)The Secretary of State may make regulations modifying the operation of this Part of this Schedule-

(a)in consequence of an order under section 198(2) of the Localism Act 2011 giving effect to a decision under section 204(2) of that Act (decision removing or restricting planning functions), or

(b)to make transitional provision relating to-

(i)an order mentioned in paragraph (a),

(ii)a Localism Act TCPA order, or

(iii)an order under section 217 of the Localism Act 2011 (order dissolving Mayoral development corporation).

(2)Regulations under this paragraph-

(a)must be made by statutory instrument;

(b)may make different provision for different purposes.

(3)A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 2Temporary possession for maintenance of works

Right to enter upon and take possession of land

7(1)At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may-

(a)enter upon and take possession of any land which is-

(i)within 20 metres from that work, and

(ii)within the Act limits,

if possession of the land is reasonably required for the purposes of or in connection with maintaining the work or any ancillary works connected with it, and

(b)construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required, unless the land is specified in the table in Part 4 of this Schedule.

(2)Sub-paragraph (1) does not authorise the nominated undertaker to take possession of-

(a)a house, any other structure which is for the time being occupied, or a garden belonging to a house, or

(b)land which is subject to a restricted power of compulsory acquisition.

(3)The nominated undertaker may only remain in possession of the land for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

(4)In this paragraph-

(a)"the maintenance period", in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use;

(b)"structure" includes any erection;

(c)the reference in sub-paragraph (1)(a) to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Procedure and compensation

8(1)Not less than 28 days before entering upon and taking possession of land under paragraph 7, the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so.

(2)Before giving up possession of the land, the nominated undertaker must restore the land to the reasonable satisfaction of its owners.

(3)The nominated undertaker must pay compensation to the owners and occupiers of the land for any loss which they may suffer by reason of the exercise in relation to the land of the powers under paragraph 7.

(4)Any dispute as to a person's entitlement to compensation under sub-paragraph (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(5)Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1)), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (3).

Part 3Suspension of rights and enforcement

Suspension of rights relating to land

9(1)All private rights over land of which the nominated undertaker takes possession under paragraph 1 (1) or (2) or 7 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

(2)The nominated undertaker may, in relation to a private right, direct-

(a)that sub-paragraph (1) does not apply to the right, or

(b)that sub-paragraph (1) applies to the right only to the extent specified in the direction.

(3)In this paragraph, "private rights" include-

(a)private rights of way over land,

(b)rights of common,

(c)easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

(d)restrictions as to the user of land arising under a contract.

(4)Any person who suffers loss by reason of the suspension of a right under sub-paragraph (1) is entitled to be compensated by the nominated undertaker.

(5)Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(6)This paragraph applies to a private right which is for the benefit of Crown land if the Crown authority consents (and consent may be subject to conditions).

10(1)All general rights over land of which the nominated undertaker takes possession under paragraph 1 (1) or (2) or 7 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

(2)The nominated undertaker may, in relation to a general right, direct-

(a)that sub-paragraph (1) does not apply to the right, or

(b)that sub-paragraph (1) applies to the right only to the extent specified in the direction.

(3)In this paragraph, references to "general rights" over land are to-

(a)rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act,

(b)other public rights over land which are conferred by an enactment, and

(c)rights exercisable as a result of trusts or incidents to which a common, town or village green, open space or allotment is subject.

Enforcement

11(1)Section 13 of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if-

(a)references to the acquiring authority were to the nominated undertaker,

(b)references to compensation payable to the person refusing to give possession were to compensation payable under this Schedule, and

(c)in subsection (1), for "this Act" there were substituted "Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017".

(2)In the case of Crown land, that section does not, by virtue of sub-paragraph (1), apply as against the Crown authority for that land.

Part 4Land which may be occupied and used for construction of works

(1)(2)(3)(4)(5)
AreaNumber of land shown on deposited plansPurpose for which temporary possession may be takenSpecified authorised worksSpecified works which may be carried out
London Borough of Camden192, AP3-27Provision of worksite and access for construction1/18
291 to 305307, 308Provision of access for utility works1/1
312, 313, 314, 317, 346, 350 to 360, 771 to 776Diversion or installation of, or works to, utilities apparatus1/1
705, 706, 708Diversion or installation of, or works to, utilities apparatus1/15
London Borough of Brent22, 24, 30, 31, 34, 44, 45, 67, 71, 73, 382, 390 to 393Diversion or installation of, or works to, utilities apparatus1/15
60, 61, 114, 118, 121Diversion or installation of, or works to, utilities apparatus1/1
82, 85Diversion or installation of, or works to, utilities apparatus1/21
AP2-2Provision of access for utility works1/52
AP4-15aProvision of worksite and access for construction1/1
London Borough of Hammersmith & Fulham15Diversion or installation of, or works to, utilities apparatus1/1
24, 25a, 25bDiversion or installation of, or works to utilities apparatus1/15
London Borough of Ealing23Diversion or installation of, or works to, utilities apparatus1/40
878, 879Provision of worksite and access for construction1/1
Diversion or installation of, or works to, utilities apparatus
473, 475, 478, 479, 481, 482, 485, 488, 513 to 516, 527 to 535, 537 to 539, 543, 546, 549, 552, 554, 559, 563 to 566, 568 to 578, 690, 701, 881 to 883, 965, 966, 983Diversion or installation of, or works to, utilities apparatus1/1
676 to 682Diversion or installation of, or works to, utilities apparatus1/15
708, 954Provision of worksite and access for construction
871, 873, 874Worksite and access for construction1/55
Diversion or installation of, or works to, utilities apparatus
1028, 1029, 1031 to 1034Provision worksite and access for constructionDiversion or installation of, or works to, utilities apparatus
Provision of environmental mitigation
London Borough of Hillingdon34, 187 to 189, 249, 254Provision of access for utility worksDiversion or installation of, or works to, utilities apparatus
59, 60, 76, 174Provision of worksite and access for constructionDiversion or installation of, or works to, utilities apparatus
81, 82, 83, 86,144 to 147, 222, 226, 228,250, 252, 253Diversion or installation of, or works to utilities apparatus1/15
157, 159, 161, 162Provision of worksite and access for construction1/57
372 to 375, 380 to 383Diversion or installation of, or works to, utilities apparatus1/1 and 1/15
720eProvision of access for constructionProvision of environmental mitigation
598, 602, 681, 682, 684 to 687, 689 to 691Diversion and installation of overhead electric lines2/1
703a, 703b,704 to 706747c, 750Provision of worksite and access for construction2/1
720a, AP5-15 to AP5-20Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
733Diversion or installation of, or works to utilities apparatus2/1
County of Buckinghamshire District of South Bucks Parish of Denham4, 5, 5a, 6Provision of worksite and access for constructionProvision of environmental mitigation
9, 10, 13Provision of worksite and access for construction2/5
20Provision of worksite and access for construction2/6
County of Hertfordshire District of Three Rivers118Provision of worksite and access for construction2/10a
County of Buckinghamshire District of Chiltern Parish of Chalfont St Peter15, 17, 18, 20Provision of worksite and access for construction2/1
73Provision of access for construction
Parish of Chalfont St Giles1, 3Provision of access for construction
9, 46, 59, 93 to 95, 99, 101, 102Provision of protective works to watercourse2/1Protective works to watercourse
Parish of AmershamAP4-1, AP4-3Reprofiling of ground2/1Reprofiling of ground
40, 58Dewatering operations2/1Dewatering operations
61Provision of access for site investigation2/1
75Provision of access for construction2/1
Parish of Great MissendenAP4-16, AP4-17Provision of worksite and access for construction2/14
District of Aylesbury Vale Parish of Wendover105, 106, AP1-2 to AP1-7, AP1-9Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
107, AP1-1, AP1-8Implementation of protective measures for land beneath overhead line worksDiversion and installation of overhead electric lines
200, 201Diversion and installation of overhead electric lines2/28
District of Wycombe Parish of Ellesborough1, 3, 7, 9, 29, 31, 43, AP1-2, AP1-3Diversion and installation of overhead electric lines2/28
District of Aylesbury Vale Parish of Stoke Mandeville1 to 3118a, 121Diversion and installation of overhead electric lines2/28
Parish of Stone with Bishopstone and Hartwell2, 5, 12Diversion and installation of overhead electric lines2/28
AP5-1, AP5-2Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Aylesbury4, 7 to 14, 16, 17, 19, 25 to 27, AP1-1 to AP1-3Implementation of protective measures for land beneath overhead line worksDiversion and installation of overhead electric lines
Parish of Waddesdon12, 22, 23Reprofiling of ground
99Removal of utility apparatus2/49
Parish of Quainton15, 26, 28, 30, 34Removal of utility apparatus
236, 238, 242, AP1-2, AP1-3, AP1-6 to AP1-14, AP1-21Diversion and installation of overhead electric lines
Parish of Grendon UnderwoodAP1-10, AP1-11Diversion and installation of overhead electric lines
AP5-1, AP5-2Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Hogshaw3 to 6, 8, 13, 15, 16Diversion and installation of overhead electric lines
AP5-1Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Steeple Claydon104Provision of access for construction
Provision of new public right of way
Parish of Chetwode61, 81, 82Removal of utility apparatus2/49
County of Oxfordshire District of Cherwell Parish of Newton Purcell with Shelswell69a, 87Removal of utility apparatus
89 to 91Provision of new public right of way
Parish of Finmere1 to 3Provision of new public right of way
20, 27b, 43a, 44, AP1-5, AP1-7Removal of utility apparatus
50, 53, 61 to 66, 69, 70Diversion and installation of overhead electric lines
67 and 68Provision of access for utility works
Parish of Mixbury30, 58, 59, 61Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
45aProvision of new public right of way2/49
55, 65Removal of utility apparatus2/49
County of Buckinghamshire District of Aylesbury Vale Parish of Westbury2 to 4, 15 to 17Removal of utility apparatus2/49
10 to 13Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Turweston1, 1a, 2, 2a, 3a, 4a, 5a, 6a, 7a, 8a, 10a, 11a, 34, 92, 93Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
22, 23, 26, 27aRemoval of utility apparatus2/49
County of Northamptonshire District of South Northamptonshire Parish of Evenly2 to 5Diversion and installation of overhead electric lines
Parish of Greatworth2, 8a, 40, 41Provision of new public right of way2/111
12a, 37, 45Removal of utility apparatus2/111
AP2-4Provision of temporary public right of way1/52
Parish of Thorpe Manderville34, 37, 38Removal of utility apparatus2/111
Parish of Culworth3Removal of utility apparatus2/111
Parish of Chipping Warden and Edgcote42, 55, 56, 70Removal of utility apparatus2/111
102Provision of new public right of way2/128b
Parish of Aston Le Walls12Provision of new public right of way2/111
Parish of Boddington5Provision of new public right of way2/111
21Diversion or installation of, or works to, utilities apparatus2/129
44, 79, 83, 84, 100, 102Removal of utility apparatus2/111
County of Warwickshire District of Stratford-on-Avon Parish of Wormleighton33Reprofiling of ground2/133Reprofiling of ground
37Provision of worksite and access for construction2/137
41Provision of worksite and access for construction2/133
45, 51, 57Provision of worksite and access for construction2/133Reprofiling of ground
Reprofiling of ground
Parish of Stoneton23Provision of worksite and access for construction and maintenance2/133
26Provision of worksite and access for construction and maintenance2/133Provision of environmental mitigation
Parish of Radbourn17, 27Provision of worksite and access for construction2/139
4Provision of worksite and access for construction2/133Reprofiling of ground
Reprofiling of ground
Parish of Ladbroke4, 11Provision of worksite and access for construction2/133Reprofiling of ground
Reprofiling of ground
Parish of Southam20Provision of worksite and access for construction2/142c
District of Warwick Parish of Offchurch14, 16Provision of worksite and access for construction2/146Reprofiling of ground
Reprofiling of ground
46Reprofiling of ground2/146Reprofiling of ground
72Provision of access for construction and maintenance2/146
Parish of Cubbington8Provision of balancing pond and associated works and access for maintenanceProvision of balancing pond and associated works and access for maintenance
63Provision of worksite and access for construction2/163
Parish of Stoneleigh30, 46Removal of utility apparatusUtility diversion
156Provision of environmental mitigation2/175
Parish of Burton Green36Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Metropolitan Borough of Solihull Parish of Berkswell19a, 19b, 20 to 22, 23a, 27a, 29aDiversion and installation of overhead electric linesDiversion and installation of overhead electric lines
18b, 30bProvision of access for utility worksDiversion and installation of overhead electric lines
AP4-1Provision of access for utility works
Parish of Chelmsley Wood10, 16, 70Provision of worksite and access for construction3/25
19 to 63, 65, 66, 68Implementation of protective measures for land beneath overhead line worksDiversion and installation of overhead electric lines
Parish of Hampton-in-ArdenAP4-1, AP4-2Provision of a temporary parking facility
County of Warwickshire District of North Warwickshire Parish of Coleshill1dProvision of access for utility worksDiversion and installation of overhead electric lines
72, 76, 79, 80, 81, 82, 84, 86, 88, 112a, 261, 262, 265, 273, 307, 311, 356Provision of access for utility worksDiversion and installation of overhead electric lines
418Reprofiling of groundReprofiling of ground
Removal of utility apparatus
421, 423, 426, 429Implementation of protective measures for land beneath overhead line worksDiversion and installation of overhead electric lines
AP1-1 to AP1-10Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Curdworth20, 198, 207, 232, AP4-34 to AP4-36, AP4-38Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
53Implementation of protective measures for land beneath overhead line worksDiversion and installation of overhead electric lines
124, 158Provision of worksite and access for construction3/36
AP1-9 to AP1-11Provision of worksite and access for construction3/45A
Parish of Lea MarstonAP4-7 to AP4-9Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Wishaw and Moxhull4, 6c, 7, 9a, 10, AP1-6 to AP1-10Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
AP1-2Provision of worksite and access for construction3/45A
Parish of Middleton14, AP1-1 to AP1-3, AP1-4a, AP1-5 to AP1-7, AP1-12, AP2-23, AP2-26, AP2-27Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
36, 64Removal of utility apparatus3/48A
68aProvision of access for utility works3/50a
86Reprofiling of ground3/48AReprofiling of ground
25a, AP1-4aDiversion and installation of overhead electric lines
Access for construction
37bRemoval of utility apparatus3/48A
County of Staffordshire District of Lichfield Parish of Drayton Bassett91, 125, 121, 126, 127, AP1-1 to AP1-9Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Fazeley1Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Hints32, 34, 36, 40 to 44, 46Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
136 to 138Removal of utility apparatusDiversion or installation of, or works to, utilities apparatus
Parish of Weeford1, 2, 3a, 4, AP1-2, AP5-1Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Swinfen and Packington13a, AP2-3Provision of access for construction3/48A
AP1-1, AP1-2Implementation of protective measures for land beneath overhead line worksDiversion and installation of overhead electric lines
Parish of LichfieldAP4-4 to AP4-10Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
5Provision of worksite and access for construction3/112
Parish of Fradley and StreethayAP4-1, AP4-2Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
139Provision of worksite and access for construction3/112
Parish of Curborough and Elmhurst4, 5, AP4-1, AP4-2, AP4-10 to AP4-12Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Longdon12b, AP1-1a, AP1-2a, AP5-1, AP5-2Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of King's Bromley153Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines
Parish of Armitage with Handsacre21, 22Provision of worksite and access for construction3/106
Parish of Mavesyn Ridware1, 2, 3, 4Provision of worksite and access for constructionInstallation of signal gantriesInstallation of signal gantries
2aInstallation of signal gantriesInstallation of signal gantriesInstallation of signal gantries
Parish of Colton1, 20Provision of worksite and access for constructionInstallation of signal gantriesInstallation of signal gantries
2, 3, 5, 6, 8, 13, 14, 19, 21, 22Provision of worksite and access for constructionInstallation of signal gantries
County of Staffordshire Borough of Stafford Parish of Colwich1, 3, 7, 9Provision of worksite and access for constructionInstallation of signal gantriesInstallation of signal gantries
7a, 2, 4, 5, 6, 8, 19a, 20, 21, 22, 23, 26, AP2-2 to AP2-6Provision of worksite and access for constructionInstallation of signal gantries
Metropolitan Borough of Solihull Parish of Bickenhill3bProvision of access for utility worksDiversion and installation of overhead electric lines
38Provision of worksite and access for constructionDiversion and installation of overhead electric linesDiversion and installation of overhead electric lines
41aDiversion and installation of overhead electric linesDiversion and installation of overhead electric lines
County of Warwickshire District of North Warwickshire Parish of Little Packington6aProvision of access for utility worksDiversion and installation of overhead electric lines
City of Birmingham57, 59, 61Diversion or installation of, or works to, utilities apparatus3/200
172, 174, 176Provision of worksite and access for construction3/207
191Use of sidings3/205
300Provision of worksite and access for constructionDiversion and installation of overhead electric linesDiversion and installation of overhead electric lines
412Provision of drainage and associated worksHighway worksProvision of drainage and associated works
446, 451Provision of worksite and access for constructionDiversion and installation of overhead electric lines3/205Diversion and installation of overhead electric lines
AP4-3 to AP4-7, AP4-11 to AP4-19Diversion and installation of overhead electric linesDiversion and installation of overhead electric lines

Section 20(3)

SCHEDULE 17Conditions of deemed planning permission

Part 1Conditions

Introductory

1The requirements in paragraphs 2 to 12 are conditions of deemed planning permission under section 20(1).

Condition relating to building works

2(1)To the extent that development consists of building works, it must be carried out in accordance with plans and specifications for the time being approved by the relevant planning authority.

(2)In this paragraph "relevant planning authority" means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(3)The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the building works to be submitted for approval.

(4)Where the relevant planning authority exercises the power conferred under sub-paragraph (3), the plans and specifications referred to in sub-paragraph (1) must, as regards the specified respect, include a plan or specification showing the additional details.

(5)If the relevant planning authority is a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that-

(a)the design or external appearance of the building works ought to be modified-

(i)to preserve the local environment or local amenity,

(ii)to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(iii)to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified, or

(b)the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(6)If the relevant planning authority is not a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that-

(a)the design or external appearance of the building works ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified, or

(b)the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(7)The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground referred to in sub-paragraph (5) or (6) (as the case may be).

(8)In this paragraph, "building works" means the erection, construction, alteration or extension of any building, other than a temporary building.

(9)For these purposes, a building ancillary to a scheduled work is only a temporary building if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.

(10)The requirements in this paragraph do not apply to building works to the extent that they are ancillary to development consisting of-

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

(and see paragraph 7 as to such development).

Condition relating to other construction works

3(1)If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority.

(2)This paragraph applies to development to the extent that it consists of the construction of any of the following-

(a)a road vehicle park;

(b)earthworks;

(c)sight, noise or dust screens;

(d)transformers, telecommunications masts or pedestrian accesses to railway lines;

(e)fences or walls;

(f)lighting equipment.

(3)In this paragraph "relevant planning authority" means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(4)The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(5)Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details.

(6)The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in relation to the work in question in the following table.

DevelopmentPossible grounds for refusal of approval
1. A road vehicle park.

That the design or external appearance of the works ought to, and could reasonably, be modified-

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value.

That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

2. Earthworks.

3. Sight, noise or dust screens.

That the design or external appearance of the works ought to, and could reasonably, be modified-

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value.

If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

4. Transformers, telecommunications masts or pedestrian accesses to railway lines.

That the design or external appearance of the works ought to, and could reasonably, be modified to preserve the local environment or local amenity.

That the development ought to, and could reasonably, be carried out on land elsewhere within the development's permitted limits.

5. Fences and walls (except for sight, noise and dust screens).That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
6. Artificial lighting equipment.

That the design of the equipment, with respect to the emission of light, ought to, and could reasonably, be modified to preserve the local environment or local amenity.

If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(7)The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground specified in the table in sub-paragraph (6) in relation to the work in question.

(8)Any reference in sub-paragraph (2) or (6) to a description of works does not include works of that description of a temporary nature.

(9)In this paragraph-

(10)The requirements in this paragraph do not apply where development to which this paragraph applies is ancillary to development consisting of-

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

(and see paragraph 7 as to such development).

Condition relating to matters ancillary to development

4(1)If the relevant planning authority is a qualifying authority, development must be carried out in accordance with arrangements about ancillary matters which have been approved by that authority.

(2)In this paragraph "ancillary matters" means-

(a)handling of re-useable spoil or topsoil;

(b)storage sites for construction materials, spoil or topsoil;

(c)construction camps;

(d)works screening;

(e)artificial lighting;

(f)dust suppression;

(g)road mud control measures.

(3)In this paragraph, "relevant planning authority" means, subject to sub-paragraph (4) and paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(4)Where the development is in a non-unitary area and consists of waste or soil disposal or the excavation of bulk material from borrow pits, the relevant planning authority in respect of arrangements relating to ancillary matters is the county council.

(5)The reference in sub-paragraph (1) to arrangements does not, in the case of artificial lighting, include detailed arrangements.

(6)The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph-

(a)on the ground that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other development which has deemed planning permission under section 20(1) and which is to be carried out in the authority's area, or

(b)on a ground specified in relation to the matter in the following table.

MattersGrounds
1. Handling of re-useable spoil and topsoilThat the arrangements ought to be modified to ensure that the spoil or topsoil remains in good condition, and are reasonably capable of being so modified.

2. Storage sites for construction materials, spoil or topsoil.

3. Construction camps.

4. Works screening.

That the arrangements ought to be modified-

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

5. Artificial lighting.

6. Dust suppression.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
7. Road mud control measures.

That the arrangements ought to be modified-

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(7)The relevant planning authority may only impose conditions on approval for the purposes of this paragraph-

(a)with the agreement of the nominated undertaker, and

(b)on a ground specified in the table in sub-paragraph (6)(b) in relation to the matter in question.

(8)In this paragraph-

5(1)The Secretary of State may for the purposes of paragraph 4 make a class approval of arrangements relating to the ancillary matters referred to in paragraph 4(2)(a), (b) and (d) to (g) above.

(2)A class approval may be made-

(a)generally or in relation to specific areas or specific descriptions of works, and

(b)subject to conditions.

(3)A class approval may make different provision for different cases.

(4)Before making a class approval the Secretary of State must consult the planning authorities who would be affected by it.

(5)Where arrangements made by the nominated undertaker are approved under a class approval, they do not require the approval of the relevant planning authority under paragraph 4.

(6)But the nominated undertaker may in the case of any particular arrangements request approval under paragraph 4.

(7)If the relevant planning authority to which such a request is made considers that the circumstances of the case justify it, the authority may grant approval under paragraph 4 (and, accordingly, the arrangements are subject to that approval instead of the class approval).

(8)A class approval may be varied or revoked.

Condition relating to road transport

6(1)If the relevant planning authority is a qualifying authority, development must, with respect to the matters to which this paragraph applies, be carried out in accordance with arrangements approved by that authority.

(2)The matters to which this paragraph applies are the routes by which anything is to be transported on a highway by a large goods vehicle to-

(a)a working or storage site,

(b)a site where it will be re-used, or

(c)a waste disposal site.

(3)In this paragraph "relevant planning authority" means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the county council in whose area the development is carried out.

(4)Sub-paragraph (1) does not require arrangements to be approved in relation to-

(a)transportation on a special road or trunk road, or

(b)transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

(5)The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph on the ground that-

(a)the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with development which has deemed planning permission under section 20(1) and which is to be carried out in the authority's area, or

(b)the arrangements ought to be modified-

(i)to preserve the local environment or local amenity,

(ii)to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(iii)to preserve a site of archaeological or historic interest or nature conservation value,

and are reasonably capable of being so modified.

(6)The relevant planning authority may only impose conditions on approval for the purposes of this paragraph-

(a)with the agreement of the nominated undertaker, and

(b)on the ground referred to in sub-paragraph (5)(b).

(7)In this paragraph-

Conditions relating to waste and soil disposal and excavation

7(1)If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority.

(2)This paragraph applies to development to the extent that it consists of-

(a)waste and soil disposal, or

(b)the excavation of bulk materials from borrow pits.

(3)In this paragraph "relevant planning authority" means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the county council in whose area the development is carried out.

(4)The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(5)Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details.

(6)The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in sub-paragraph (7) or (8).

(7)The grounds in this sub-paragraph are that-

(a)the design or external appearance of disposal sites (in the case of the disposal of waste and soil) or borrow pits (in the case of excavation of bulk material from such pits) on land within the Act limits,

(b)the methods by which such sites or pits are worked, or

(c)the noise, dust, vibration or screening arrangements during the operation of such sites or pits,

ought to, and could reasonably, be modified.

(8)The grounds in this sub-paragraph are that in order to-

(a)preserve the local environment or local amenity,

(b)prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)preserve a site of archaeological or historic interest or nature conservation value,

the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(9)The grounds in sub-paragraph (8) do not apply where the development is-

(a)within the limits of deviation for the scheduled works, or

(b)consists of the use of land specified in columns (1) and (2) of Schedule 5 for a purpose specified in relation to the land in column (3) of that Part.

(10)The relevant planning authority may only impose conditions on approval for the purposes of this paragraph-

(a)with the approval of the nominated undertaker, and

(b)on a ground referred to in sub-paragraph (7) or (8) (taken with sub-paragraph (9)).

8(1)If the relevant planning authority is a qualifying authority, development to which paragraph 7 applies may not be begun unless the authority has approved a scheme for the restoration of the land on which the development is to be carried out.

(2)In this paragraph "relevant planning authority" has the same meaning as in paragraph 7.

(3)The relevant planning authority may only refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph on the ground that the scheme ought to be modified, and is reasonably capable of being modified.

(4)The nominated undertaker must carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out the development to which paragraph 7 applies.

(5)In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

Conditions on bringing scheduled works and depots into use

9(1)If the relevant planning authority is a qualifying authority, no work to which this paragraph applies may be brought into use without the approval of that authority.

(2)This paragraph applies to-

(a)any scheduled work, except to the extent that the work is underground, and

(b)any depot constructed, in exercise of the powers conferred under this Act, for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

(3)In this paragraph "relevant planning authority" means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the work is carried out.

(4)The relevant planning authority must grant approval for the purposes of this paragraph if-

(a)it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

(b)it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

(5)The relevant planning authority may not refuse to approve, or impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (4)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified-

(a)to preserve the local environment or local amenity,

(b)to preserve a site of archaeological or historic interest, or

(c)in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

(6)In this paragraph "railway vehicle" and "track" have the same meanings as in Part 1 of the Railways Act 1993.

10Where the relevant planning authority approves a scheme for the purposes of paragraph 9(4)(b), the nominated undertaker must-

(a)carry out the scheme, and

(b)comply with any condition subject to which the scheme is approved.

Condition relating to discontinuation of ancillary operations

11Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, the operations must be discontinued as soon as reasonably practicable after the completion of the scheduled work or works.

Condition relating to site restoration

12(1)The nominated undertaker must, after discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the relevant planning authority.

(2)In this paragraph "relevant planning authority" means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the work is carried out.

(3)For the purposes of sub-paragraph (1) the nominated undertaker must, within four months of the discontinuation of the use, submit a proposed scheme to the relevant planning authority.

(4)If-

(a)the nominated undertaker fails to submit a proposed scheme in accordance with sub-paragraph (3), or

(b)the nominated undertaker submits a proposed scheme in accordance with sub-paragraph (3) but no scheme is agreed for the purposes of sub-paragraph (1) before the end of the relevant period,

the scheme for the purposes of sub-paragraph (1) is to be such as the appropriate Ministers may determine after consulting the nominated undertaker and the relevant planning authority.

(5)In sub-paragraph (4)(b) "the relevant period" means-

(a)eight weeks beginning with the date on which the proposed scheme is submitted, or

(b)such longer period as the nominated undertaker and the relevant planning authority may agree.

(6)A scheme agreed or determined for the purposes of sub-paragraph (1) may reserve particulars for subsequent agreement between the nominated undertaker and the relevant planning authority.

(7)Where a particular reserved under sub-paragraph (6) is not agreed-

(a)by the time specified by or determined in accordance with the scheme, or

(b)by such later time as the nominated undertaker and the relevant planning authority may agree,

that particular is to be determined by the appropriate Ministers after consulting the nominated undertaker and the authority.

(8)Where, independently of any consultation under sub-paragraph (4) or (7), the appropriate Ministers ask the relevant planning authority for assistance in connection with their function under the sub-paragraph in question, they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which the authority reasonably incurs in meeting the request.

(9)Sub-paragraph (1) does not apply to a site-

(a)to the extent that the site consists of land to which a scheme under paragraph 8 (waste or spoil etc) applies, or

(b)in relation to which the nominated undertaker is subject to an obligation under paragraph 5(1) of Schedule 16 (obligation to put land into such condition as an agreed scheme provides, before giving up possession of the land).

Part 2Qualifying authorities

Specification of qualifying authorities

13(1)As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, the Secretary of State must by order specify every planning authority which-

(a)had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given the Secretary of State undertakings with respect to the handling of planning matters arising under this Schedule which he or she considered satisfactory, and

(b)has not subsequently been released from its undertakings.

(2)Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) is a qualifying authority for the purposes of this Schedule.

(3)The Secretary of State may, if he or she considers it expedient to do so, by order provide that an authority is to cease to be a qualifying authority for the purposes of this Schedule.

(4)If, in relation to a planning authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, the Secretary of State may by order provide that the authority is to be a qualifying authority for the purposes of this Schedule.

(5)In sub-paragraph (4), the reference to the relevant day is-

(a)in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a), and

(b)in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.

(6)Before making an order under sub-paragraph (3) or (4), the Secretary of State must consult-

(a)the nominated undertaker, and

(b)unless the authority concerned has requested the making of the order, that authority.

Transition

14(1)An order under paragraph 13 may contain such transitional provision and savings as the Secretary of State thinks fit.

(2)Without prejudice to the generality of sub-paragraph (1), provision under that sub-paragraph may include provision with respect to the effect of the authority becoming or ceasing to be a qualifying authority in relation to an approval which has already been requested or given.

(3)The Secretary of State may by agreement fetter the exercise of his or her discretion under sub-paragraph (1).

Part 3Approvals: supplementary

Requests for planning approval

15A planning authority may only grant approval under Part 1 of this Schedule at the request of the nominated undertaker.

16(1)A planning authority need not consider a request for approval under Part 1 of this Schedule unless-

(a)the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and

(b)the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Act.

(2)Sub-paragraph (1) does not apply to a request for approval of additional details.

Fees for requests for approval

17(1)The appropriate Ministers may by regulations make provision about fees for requests to a planning authority for approval under Part 1 of this Schedule.

(2)Regulations under this paragraph may, in particular, make provision-

(a)for the payment of a fee and for the amount of a fee;

(b)about when a fee must be paid;

(c)for circumstances in which a fee is to be treated as paid;

(d)for the remission or refunding of a fee in whole or part;

(e)about the consequences of non-payment of a fee, including provision for the termination of the application concerned or any appeal against its refusal;

(f)for the resolution of disputes.

(3)Regulations under this paragraph may make such supplementary, incidental or consequential provision as the appropriate Ministers think fit.

(4)Nothing in regulations under section 303 of the Town and Country Planning Act 1990 (fees for planning applications) applies to a request for approval under Part 1 of this Schedule.

Consultation on requests for approval

18(1)This paragraph applies where a planning authority considers that a request for approval under Part 1 of this Schedule relates to matters which may affect any of the following-

(a)nature conservation,

(b)the conservation of the natural beauty or amenity of the countryside,

(c)the conservation of the natural beauty or amenity of inland or coastal waters or land associated with them,

(d)the conservation of flora or fauna which are dependent on an aquatic environment,

(e)the use of inland or coastal waters, or land associated with them, for recreational purposes, or

(f)a site of archaeological or historic interest.

(2)The planning authority must, within five days of receiving the request, invite the appropriate body or bodies to make representations.

(3)The appropriate body is-

(a)for the matters in sub-paragraph (1)(a) and (b), Natural England,

(b)for the matters in sub-paragraph (1)(c) to (e), the Environment Agency,

(c)for the matter in sub-paragraph (1)(f), the Historic Buildings and Monuments Commission for England.

(4)Where under sub-paragraph (2) a planning authority has invited a body to make representations about a request for approval under Part 1 of this Schedule, it must not make any decision about the request until-

(a)it has received representations from the body about the request,

(b)it has been informed by the body that it does not wish to make any representations, or

(c)21 days have elapsed since the date of the invitation.

(5)An invitation under sub-paragraph (2) must specify the time limit for making representations.

Directions restricting powers of approval

19(1)The appropriate Ministers may by directions restrict a planning authority's powers in relation to the giving of approval under Part 1 of this Schedule.

(2)Directions under this paragraph may-

(a)be given in relation to a specified approval or approvals of a specified description,

(b)be expressed to have effect without a time-limit or during a specified period, and

(c)revoke or vary previous directions under this paragraph.

Compulsory reference of requests for approval

20(1)The appropriate Ministers may by directions require a planning authority to refer any request for approval under Part 1 to them.

(2)In determining a request referred to them under this paragraph, the appropriate Ministers have the same powers as the authority making the reference.

(3)The determination by the appropriate Ministers of a request referred to them under this paragraph is final.

(4)Directions under this paragraph may-

(a)be given in relation to a specified request or requests of a specified description, and

(b)revoke or vary previous directions under this paragraph.

Non-material changes to approvals

21(1)A planning authority may at the request of the nominated undertaker make a non-material change to any approval given under Part 1 of this Schedule.

(2)In deciding whether a change is material, a planning authority must have regard to the effect of the change, together with any previous changes made under this paragraph, on the approval as originally given.

(3)The power under sub-paragraph (1) includes power to impose new conditions or to alter or remove existing conditions.

(4)The approval as changed must represent an approval the authority could have given originally.

(5)The consultation requirements in this Part of this Schedule do not apply to a change under this paragraph.

Appeals

22(1)Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part 1 (including a decision to require additional details), it may appeal to the appropriate Ministers by giving notice of the appeal in the prescribed form to them and to the authority whose decision is appealed against within 42 days of notification of the decision.

(2)On an appeal under this paragraph, the appropriate Ministers may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving-

(a)the refusal of approval, or

(b)the imposition of conditions on approval,

on a ground open to that authority.

(3)Where, following receipt by a planning authority of a request by the nominated undertaker for approval under Part 1, the authority does not notify the undertaker within the appropriate period-

(a)of its decision on the request, or

(b)that the request has been referred to the appropriate Ministers in accordance with directions under paragraph 20,

this paragraph applies as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.

(4)For the purposes of sub-paragraph (3), the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may be agreed upon in writing between the authority and the nominated undertaker.

(5)The appropriate Ministers may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) in connection with the payment of fees by means of cheque.

(6)An agreement under sub-paragraph (4) may be made after, as well as before, the end of the appropriate period.

(7)No agreement may be made under sub-paragraph (4) to extend a period after it has ended if the nominated undertaker has given notice of appeal against the refusal which is deemed under sub-paragraph (3) to have occurred because of the ending of the period.

(8)Where an agreement under sub-paragraph (4) to extend a period is made after the period has ended, sub-paragraph (3) is to be treated as not having applied when the period ended.

(9)In this paragraph, "prescribed" means prescribed by regulations made by the appropriate Ministers.

(10)No appeal under section 78 of the Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under this paragraph.

23(1)Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 22 must, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(2)The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) at any time before the determination of the appeal.

(3)A direction under sub-paragraph (1) or (2) must be served on the nominated undertaker and the planning authority whose decision is appealed against.

(4)At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke the appointment and appoint another person to determine the appeal instead.

(5)Where the function of determining an appeal under paragraph 22 is transferred from one person to another, the person to whom the function is transferred must consider the matter afresh, but the fact that the function is transferred does not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6)If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.

24The decision of the person appointed under paragraph 23, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 22 is final.

25(1)An appeal under paragraph 22 is to be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2)Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 22.

(3)Regulations under this paragraph may, in particular-

(a)make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b)empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c)empower the person deciding an appeal, after giving written notice of intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to the person that there is sufficient material before the person to enable a decision on the merits of the case.

(4)Regulations under this paragraph may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a)-

(a)prescribe the time limit in regulations, or

(b)enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.

Guidance by Secretary of State

26(1)The Secretary of State may give guidance to planning authorities in relation to the exercise of their functions under this Schedule.

(2)A planning authority must have regard to the guidance.

(3)The guidance may make different provision for different cases.

(4)The guidance may be varied or revoked.

Part 4Supplementary and general

Mayoral development corporations

27(1)This paragraph applies where-

(a)the relevant planning authority for the purposes of Part 1 of this Schedule would, but for this paragraph, be a London borough council, and

(b)as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for the area where the development or work is carried out.

(2)The Mayoral development corporation is the relevant planning authority for the purposes of Part 1 of this Schedule, instead of the London borough council (and references to a "planning authority" in Parts 2 and 3 of this Schedule are to be read accordingly).

28The Secretary of State may make regulations modifying the operation of this Schedule-

(a)in consequence of an order under section 198(2) of the Localism Act 2011 giving effect to a decision under section 204(2) of that Act (decision removing or restricting planning functions), or

(b)to make transitional provision relating to-

(i)an order mentioned in paragraph (a),

(ii)a Localism Act TCPA order, or

(iii)an order under section 217 of the Localism Act 2011 (order dissolving Mayoral development corporation).

Regulations and orders

29(1)Regulations under this Schedule may make different provision for different cases.

(2)Regulations and orders under this Schedule must be made by statutory instrument.

(3)A statutory instrument containing regulations under this Schedule, or an order under paragraph 13(3) or (4), is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

30In this Schedule-

Section 25

SCHEDULE 18Listed buildings

Buildings authorised to be demolished, altered or extended

1(1)This paragraph applies to-

(a)a listed building which-

(i)was such a building immediately before 30 September 2013, and

(ii)is specified in table 1 (see the end of this Schedule), and

(b)a listed building which was not such a building immediately before that date.

(2)If a listed building is one to which this paragraph applies-

(a)section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to works carried out in relation to the building in exercise of the powers under this Act,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act, the notice does not have effect or, as the case may be, ceases to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act, and

(d)no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act.

(3)In the case of a building specified in table 1 in relation to which any description of works is specified in column (3) of the table, sub-paragraph (2)(a) has effect as if the reference to works carried out in exercise of the powers under this Act were, as regards demolition or alteration works (as opposed to extension works), to works so carried out which are of the specified description.

(4)The reference in sub-paragraph (3) to alteration works does not include alteration works carried out for heritage or monitoring purposes (see paragraph 9(2)).

Buildings authorised to be altered or extended for heritage or monitoring purposes

2(1)This paragraph applies to a listed building which-

(a)was such a building immediately before 30 September 2013, and

(b)is specified in table 2 (see the end of this Schedule).

(2)In the case of a listed building to which this paragraph applies-

(a)section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to alteration or extension works which are carried out, in exercise of the powers under this Act, for heritage or monitoring purposes (see paragraph 9(2)),

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act, the notice does not have effect or, as the case may be, ceases to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act, and

(d)no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act.

Damage to buildings

3Section 59 of the Listed Buildings and Conservation Areas Act (acts causing or likely to result in damage to listed buildings) does not apply to anything done in exercise of the powers under this Act with respect to works.

Power to disapply provision made by paragraphs 1 to 3

4(1)The Secretary of State may by order make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act.

(2)The provision referred to in sub-paragraph (1) is-

(a)provision that paragraphs 1(2)(a) and 2(2)(a) do not apply in relation to relevant works;

(b)provision that paragraphs 1(2)(b) to (d) and 2(2)(b) to 2(2)(d) do not apply in relation to proposed relevant works;

(c)provision that paragraph 3 does not apply in relation to relevant works.

(3)"Relevant works" means works which are-

(a)carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and

(b)begun on or after such day as may be specified in an order under that sub-paragraph.

(4)An order under sub-paragraph (1) may make different provision for different purposes.

(5)An order under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.

Heritage partnership agreements

5The provisions of any agreement under section 26A of the Listed Buildings and Conservation Areas Act (heritage partnership agreements) in relation to a building have effect subject to the powers under this Act with respect to works.

Inspection and observation of works

6(1)Any person duly authorised in writing by the Historic Buildings and Monuments Commission for England ("the Commission") or the relevant planning authority may at any reasonable time enter land for the purpose of inspecting or observing the carrying out in relation to any building on the land of decontrolled works.

(2)"Relevant planning authority" means the unitary authority or, in a non-unitary area, the district council in whose area the building is situated.

(3)The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4)A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

Recording of buildings

7(1)The nominated undertaker must not carry out decontrolled works consisting of the demolition of a listed building unless-

(a)notice of the proposal to carry out the works has been given to the Commission, and

(b)the appropriate period since the giving of the notice has expired.

(2)The appropriate period, subject to sub-paragraph (3), is-

(a)8 weeks, or

(b)such longer period as may have been agreed between the nominated undertaker and the Commission.

(3)In case of emergency, the appropriate period is such period as is reasonable in the circumstances.

(4)In determining whether the appropriate period has expired, any day on which entry to the building is refused under paragraph 8(2) is to be disregarded.

8(1)Following the giving of a notice under paragraph 7(1) in relation to a listed building, any person duly authorised in writing by the Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

(2)The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3)A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4)For the purposes of sub-paragraph (1), the inspection period, in relation to a building which is the subject of a notice under paragraph 7(1), is the period-

(a)beginning when notice under that provision is given, and

(b)ending when the prohibition under that provision ceases to apply to the building.

Interpretation

9(1)In this Schedule-

(2)For the purposes of this Schedule, works relating to a building are carried out for heritage or monitoring purposes if the works are carried out for the purpose of-

(a)maintaining or restoring the building's character as a building of special architectural or historical interest, or

(b)affixing apparatus to any part of the building with a view to measuring any movement in the building or the ground on which it is erected in consequence of the carrying out of works in exercise of the powers under this Act.

(3)Anything which, by virtue of section 1(5) of the Listed Buildings and Conservation Areas Act (objects or structures fixed to, or within curtilage of, a building), is treated as part of a building for the purposes of that Act is to be treated as part of the building for the purposes of this Schedule.

Tables

TABLE 1: buildings authorised to be demolished, altered or extended

(1)(2)(3)
AreaBuildingWorks
London Borough of Camden14 and 15 Melton Street and attached railings Grade II
Monument to the Christie Family in St James's Gardens, Hampstead Road Grade II
Obelisk to Baron Southampton in south west corner of St James's Gardens, Hampstead Road Grade II
Drinking Fountain in St James's Gardens, Hampstead Road Grade II
Statue of Robert Stephenson, Euston Station forecourt, Euston Square Grade II
Two lodges in Euston Square Gardens Grade IIAlterations relating to the de-coupling of attached railings
Alteration to curtilage structures associated with the former underpass in connection with reconfiguration of Euston Square Gardens
Railings around Euston Square Gardens Grade II
War Memorial, Euston Square Grade II*
Pair of stone piers with lamp standards to west end of Mornington Street Railway Bridge, Mornington Terrace Grade II
Pair of stone piers with lamp standards to east end of Mornington Street Railway Bridge, Park Village East Grade II
Concrete ramp and planting box in Alexandra Road Estate Grade II*Demolition of the concrete ramp and planting to construct the Alexandra Place vent shaft
Parkway Tunnel and Cutting Grade IIDemolition of the western wall of the cutting
Gloucester Gate Bridge Grade IIAlteration relating to utility modification works
County of Buckinghamshire District of Aylesbury Vale Parish of Stone with Bishopstone and Hartwell.Glebe House Grade II
Hartwell House Grade IPartial demolition of perimeter estate wall relating to realignment of A418
Parish of Steeple ClaydonShepherd's Furze Farmhouse, Calvert Road Grade II
County of Northamptonshire District of South Northamptonshire Parish of Thorpe MandevilleLower Thorpe Farmhouse Grade II
City of BirminghamThe Fox and Grapes Public House, 16 Freeman Street, B5Grade II
Metropolitan Borough of Solihull Parish of Dickens HeathJerrings Hall Farm Grade IIAlterations relating to the relocation of the Island School Project
County of Warwickshire District of North Warwickshire Parish of ColeshillColeshill Hall Farmhouse, Birmingham Road Grade II
County of Staffordshire District of Lichfield Parish of HintsL-shaped range of farm outbuildings to the north west of Bucks Head Farmhouse Grade IIDemolition of curtilage structures (comprising detached agricultural building and Buck's Head Farmhouse with attached agricultural structure), lying to the east and south-east of the listed building

TABLE 2: buildings authorised to be altered or extended for heritage or monitoring purposes

(1)(2)
AreaBuilding
London Borough of Camden1-9 (odd and even) Melton Street and attached railings Grade II*
119, 121 and 123 Parkway and attached railings Grade II
125 Parkway and attached railings Grade II
York and Albany Public House, 127 and 129, Parkway Grade II
2-16 (even), 22-34 (even), 36A and 36B and attached railings, Park Village East Grade II*
1-8 (odd and even), 10-14 (odd and even) and 17-19 (odd and even) and attached railings, Park Village West Grade II*
Two lamp posts outside numbers 8 and 11 Park Village West Grade II
The Royal George Public House, 8-14 (even) Eversholt Street Grade II
Regents Park Barracks Officers' Mess, Regents Park Barracks, Block KGrade II
58 Mornington Terrace and attached wall and gate piers Grade II
Edinburgh Castle Public House, 57 Mornington Terrace Grade II
The Engineer Public House and attached wall, 65 Gloucester Avenue Grade II
Swiss Cottage Library, 88 Avenue Road Grade II
The Hampstead figure sculpture at Swiss Cottage Library, Avenue Road Grade II
Primrose Hill Tunnels (western entrance)Grade II
Church of All Souls, 21 Loudon Road Grade II
Alexandra Road Estate, including walls, ramps and steps, community centre and boiler house to Alexandra Road Estate 1-21 (including A and B to each number) 4-119 (including A and B to each number on south side, and A-K to each number on north side) Grade II*
The Roundhouse, Chalk Farm Road Grade II*
Regency Lodge, Adelaide Road Grade II
Camden Incline Winding Engine House Grade II*
Stanley Sidings, stables to the east of bonded warehouse Grade II
15-31 (odd) Gloucester Avenue Grade II
1-15 (odd and even) Prince Albert Road Grade II
London Borough of Brent10 Cambridge Avenue Grade II
Cambridge Hall, Cambridge Avenue Grade II
842 Harrow Road Grade II
London Borough of EalingPerivale Underground Station, Horsenden Lane Grade II
Former IBM distribution centre, Green Park Way, Greenford Grade II
Royal Borough of Kensington & ChelseaTomb of Andrew Ducrow, Kensal Green Cemetery Grade II*
Tomb of John St John Long, Kensal Green Cemetery Grade II*
Tomb of Mary Gibson, Kensal Green Cemetery Grade II*
Tomb of William Mulready, Royal Academy, Kensal Green Cemetery Grade II*
Birkbeck Mausoleum, Kensal Green Cemetery Grade II
Blumberg Mausoleum, Kensal Green Cemetery Grade II
Mausoleum of Baron John Frederick Andrew Huth, Kensal Green Cemetery Grade II
Mausoleum of Captain George Aikman, Kensal Green Cemetery Grade II
Mausoleum of James Dunlop, Kensal Green Cemetery Grade II
Mausoleum of James Morison, Kensal Green Cemetery Grade II
Mausoleum of Joseph Hudson, Kensal Green Cemetery Grade II
Monument to Edward Macklew, Kensal Green Cemetery Grade II
Monument to Frederick Albert Winsor, Kensal Green Cemetery Grade II
Monument to Major General Sir George de Lacy Evans, Kensal Green Cemetery Grade II
Monument to Sir Augustus Wollaston Franks, Kensal Green Cemetery Grade II
Monument to Sir George Farrant, Kensal Green Cemetery Grade II
Monument to the Molyneux Family, Kensal Green Cemetery Grade II
Monument to William Holland, Kensal Green Cemetery Grade II
Monuments to Joseph Locke and Phoebe McCreery, Kensal Green Cemetery Grade II
Sir William Molesworth Mausoleum, Kensal Green Cemetery Grade II
Tomb of Admiral Sir John Ross, Kensal Green Cemetery Grade II
Tomb of Alexander Bruce, Kensal Green Cemetery Grade II
Tomb of Alfred Cooke, Kensal Green Cemetery Grade II
Tomb of David Morris, Kensal Green Cemetery Grade II
Tomb of Frederick Tillson, Kensal Green Cemetery Grade II
Tomb of General Sir Warren Peacocke, Kensal Green Cemetery Grade II
Tomb of George Cruikshank, Kensal Green Cemetery Grade II
Tomb of John Cam Hobhouse, Baron Broughton De Gyfford, Kensal Green Cemetery Grade II
Tomb of John Collett, Kensal Green Cemetery Grade II
Tomb of John Gibson, Kensal Green Cemetery Grade II
Tomb of John Gordon, Kensal Green Cemetery Grade II
Tomb of John Murray, Kensal Green Cemetery Grade II
Tomb of Joseph Allmond Cropper, Kensal Green Cemetery Grade II
Tomb of Joseph Durham, Kensal Green Cemetery Grade II
Tomb of Lady Ann Isabella Noel Byron, Kensal Green Cemetery Grade II
Tomb of Martha Ross, Kensal Green Cemetery Grade II
Tomb of Sarah Smith, Kensal Green Cemetery Grade II
Tomb of Sir Francis Freeling, Kensal Green Cemetery Grade II
Tomb of Sir John Dean Paul, Kensal Green Cemetery Grade II
Tomb of the Earl of Galloway, Kensal Green Cemetery Grade II
Tomb of Thomas Cooke, Kensal Green Cemetery Grade II
Tomb of Thomas Hood, Kensal Green Cemetery Grade II
Tomb of Walter Peart and Henry Dean, Kensal Green Cemetery Grade II
Tomb of William Chappell, Kensal Green Cemetery Grade II
Tomb to Thomas Daniell RA, Kensal Green Cemetery Grade II
Perimeter walls and railings including entrance gateway opposite Wakeman Road, Kensal Green Cemetery Grade II
London Borough of Hammersmith & FulhamMonument to Maria Tusten, Kensal Green Cemetery Grade II
Tomb of Marigold Churchill, Kensal Green Cemetery Grade II
Parish boundary markers, Kensal Green Cemetery Grade II
City of Westminster156-170 (even) Fifth Avenue, Paddington Grade II
147-167 (odd) Fifth Avenue, Paddington Grade II
Beethoven Street School, Beethoven Street W10 Grade II
London Borough of HillingdonHighway Farmhouse Grade II
Forecourt walls to south of Highway Farmhouse Grade II
County of Buckinghamshire District of South Bucks Parish of DenhamFootbridge across River Colne, to north of Denham Court Grade II*
County of Hertfordshire District of Three RiversCorner Hall Grade II
County of Buckinghamshire District of Chiltern Parish of AmershamBarn to east of Lower Bottom Farm House Grade II
Stable to south of Lower Bottom Farm House Grade II
Lower Bottom Farmhouse Grade II
Buildings and walls of the Kitchen Garden at Shardeloes Park, Amersham Grade II
Parish of Chalfont St.GilesGranary to south-east of Lower Bottom Farm House Grade II
Parish Church of St Giles Grade I
The Stone Cottage, attached barn and outbuildings Grade II
Flag House Grade II
The Wellington Cottage and the Green Cottage Grade II
Peterson House Grade II
Parish of Great MissendenBarns and outhouses at Hyde Farmhouse Grade II
Hyde Farmhouse, Hyde Lane, Hyde Heath, Grade II
Stable Block at Cottage Farm Grade II
Granary at Cudsden Farm Grade II
Briarwood Grade II
86 Kings Lane Grade II
Sheepcotts Cottage Grade II
South Heath Farmhouse with attached barn Grade II
Parish of The LeeHunts Green Farmhouse Grade II
Barn to north of Hunts Green Farmhouse Grade II
District of Aylesbury Vale Parish of Stone with Bishopstone and HartwellWhaddon Hill Farmhouse Grade II
Park Lodge Grade II
Obelisk south of Hartwell House Grade II
Entrance arch and gates adjoining Park Lodge Grade II
Pair of statues south of Hartwell House Grade II
Parish of ChetwodeThe Hermitage Grade II
Sunflower Farmhouse Grade II
Parish of Steeple ClaydonRosehill Farmhouse Grade II
Outbuildings to west of Rosehill Farmhouse forming north and west sides of courtyard Grade II
County of Northamptonshire District of South Northamptonshire Parish of RadstoneChurch of St Lawrence Grade I
Parish of GreatworthGreatworth Hall Grade II
Parish of CulworthTrafford Bridge Grade II
Parish of Thorpe MandevilleStone walls, gatepiers and gateways at entrance to Manor House Grade II
Church of St John The Baptist Grade I
County of Warwickshire District of Stratford-on-Avon Parish of Long ItchingtonStoney Thorpe Hall Lodge (not included) gates and gatepiers approximately 7 metres south of Lodge Grade II
District of Warwick Parish of StoneleighStare Bridge, Stoneleigh Road, Stoneleigh Grade II*
East Lodge, Stoneleigh Road Grade II
Dale House Farmhouse, Dalehouse Lane, Stoneleigh Grade II
South Hurst Farm Cottages, 90 yards north east of South Hurst Farmhouse, Crackley Lane Grade II
District of North Warwickshire Parish of ColeshillGilson Hall Grade II
Parish of CurdworthBarn 20m southeast of Dunton Hall, Kingsbury Road Grade II
County of Staffordshire District of Lichfield Parish of Fradley and StreethayThe Manor House, Ryknield Street Grade II
The Manor House Plunge Bath, off A517 Burton Road Grade II
City of BirminghamLawley Street Railway Viaduct, Viaduct Street Grade II
Old Moor Street Station, Birmingham Grade II
British Rail Goods Office (Old Curzon Street Station), New Canal Street Grade I
1838 section of railway bridge into Curzon Street Station over Digbeth Branch Canal, Curzon Street Grade II
The Woodman Public House, 106 Albert Street Grade II
Metropolitan Borough of Solihull Parish of BickenhillPark Farmhouse, Chester Road, Bickenhill Grade II*
Parish of BerkswellLavender Hall Farmhouse Grade II*
Barn at Lavender Hall Farm Grade II

Section 26

SCHEDULE 19Ancient monuments

Disapplication of controls

1(1)This paragraph has effect in relation to the Ancient Monuments and Archaeological Areas Act 1979.

(2)Section 2 (control of works affecting scheduled monuments) does not apply to works authorised by this Act.

(3)The powers of entry under the following provisions are not exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Act-

(4)The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), have effect subject to the powers under this Act with respect to works.

(5)Section 19 (public access to monuments under public control) does not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, or in connection with or in consequence of the carrying out of any of the works authorised by this Act.

(6)Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating acts which would tend to injure or disfigure a monument or its amenities or to disturb the public in their enjoyment of it) do not apply to anything done in exercise of the powers under this Act with respect to works.

(7)The power under section 19(6) (power to refuse admission to monuments under public control) is not exercisable so as to prevent or restrict the exercise of the powers under this Act with respect to works.

(8)In section 25 (treatment of ancient monuments)-

(a)subsection (2) (superintendence by Commission) does not authorise the superintendence of the carrying out of any of the works authorised by this Act, and

(b)subsection (3) (power of Commission to charge for advice under subsection (1)) does not apply in relation to advice given in connection with the carrying out of any of those works.

(9)Section 28 (offence of damaging certain ancient monuments) does not apply to anything done in exercise of the powers under this Act with respect to works.

(10)Section 35 (notice required of operations in areas of archaeological importance) does not apply to operations carried out in exercise of the powers under this Act with respect to works.

(11)Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) has effect as if operations carried out in exercise of the powers under this Act with respect to works were exempt operations for the purposes of that provision.

(12)Section 42(1) (prohibition on use of metal detectors in protected places without consent) does not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers under this Act with respect to works.

(13)Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) does not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers under this Act with respect to works.

2(1)The power of entry under section 36(1) of the National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Commission) is only exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.

(2)Consent for the purposes of sub-paragraph (1) may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.

(3)Section 36(6) of the National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the power under section 36(1) to enter land to obtain information) does not apply in relation to land on which works authorised by this Act are being carried out.

(4)Any dispute under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport acting jointly.

Power to disapply provision made by paragraphs 1 and 2

3(1)The Secretary of State may by order make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act.

(2)The provision referred to in sub-paragraph (1) is-

(a)provision that paragraph 1(2) does not apply in relation to relevant works;

(b)provision that paragraph 1(3) does not apply in relation to land used for or in connection with the carrying out of relevant works;

(c)provision that paragraph 1(8)(a) and (b) do not apply in relation to relevant works;

(d)provision that paragraph 1(10) and (11) do not apply in relation to operations carried out in exercise of the powers under this Act which are, or are carried out in connection with, relevant works;

(e)provision that paragraph 1(12) does not apply in relation to use of a metal detector for the purposes of or in connection with relevant works;

(f)provision that paragraph 1(13) does not apply in relation to removal of objects discovered by any such use;

(g)provision that paragraph 2(1) does not apply in relation to land used, or intended for use, for or in connection with the carrying out of relevant works;

(h)provision that paragraph 2(3) does not apply in relation to land on which relevant works are being carried out.

(3)In this paragraph, "relevant works" means works which are-

(a)carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and

(b)begun on or after such day as may be specified in an order under that sub-paragraph.

(4)An order under sub-paragraph (1) may make different provision for different purposes.

(5)An order under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.

Inspection and observation of works etc

4(1)Any person duly authorised in writing by the Commission may at any reasonable time enter land on which (or in or under which) a scheduled monument is situated-

(a)for the purpose of observing or advising upon the exercise in relation to the land of any of the powers under paragraph 1 of Schedule 2 to this Act, or

(b)for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers under this Act.

(2)The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3)A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4)In this paragraph, "scheduled monument" has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979.

Interpretation

5In this Schedule, references to "the Commission" are to the Historic Buildings and Monuments Commission for England.

Section 27

SCHEDULE 20Burial grounds

Notice of removal of remains or monument

1(1)Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker must-

(a)publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and

(b)at the same time leave displayed in a conspicuous place on or near the land,

a notice complying with sub-paragraph (2).

(2)A notice under sub-paragraph (1) must-

(a)identify the land to which it relates,

(b)set out in general terms the effect of paragraphs 2 to 7 (so far as relevant to remains to which sub-paragraph (1) applies),

(c)state where, and in what form, an application under paragraph 2(1) may be made, and

(d)state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.

(3)No notice is required under sub-paragraph (1) before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that the Secretary of State is satisfied-

(a)that the remains were buried more than 100 years ago, and

(b)that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.

(4)No notice is required under sub-paragraph (1) before the removal of any remains or any monument to the deceased if-

(a)on the passing of this Act a licence under section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) is in force in relation to the remains, and

(b)the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.

(5)In sub-paragraph (4)(b), "group" means a body corporate and all other bodies corporate which are its subsidiaries within the meaning given by section 1159 of the Companies Act 2006.

Removal of remains under licence

2(1)In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker must issue a licence for the removal of the remains if-

(a)it receives an application in writing from a relative or personal representative of the deceased, and

(b)the application is received before the end of the period of 56 days after the day on which notice relating to the remains is first published under paragraph 1(1)(a).

(2)In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker must issue a licence for the removal of the remains if-

(a)it receives an application in writing from a relative or personal representative of the deceased, and

(b)the application is received before the nominated undertaker has removed the remains under paragraph 4(1).

(3)A licensee under this paragraph may remove the remains to which the licence relates and bury them elsewhere or cremate them.

(4)The nominated undertaker must pay the reasonable costs of removal and reburial or cremation under this paragraph.

Removal of remains by nominated undertaker

3(1)In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker may remove the remains after the expiry of the period of 56 days referred to in paragraph 2(1)-

(a)if no application under paragraph 2(1) has been received, or

(b)in a case where one or more applications under paragraph 2(1) have been received, if in the case of each application-

(i)a licence has been issued, and

(ii)at least 28 days have passed since the issue of the licence without the remains having been removed.

(2)The nominated undertaker must within two months of the removal of remains under sub-paragraph (1)-

(a)bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(b)cremate them in a crematorium.

(3)If-

(a)an application is made to the nominated undertaker under paragraph 2(1),

(b)the application is refused on the ground that the nominated undertaker is not satisfied that the applicant is a relative or personal representative of the deceased,

(c)within the period of 28 days beginning with the date of the notice of refusal the applicant has applied to the county court for a declaration that he or she is a relative or personal representative of the deceased (see paragraph 11(2)(b)), and

(d)that period of 28 days has elapsed without the court having determined the application made to it,

the nominated undertaker may remove the remains and any monument to the deceased.

(4)The nominated undertaker must, pending the court's determination, deal with any remains or monument removed under sub-paragraph (3) in such manner as the Secretary of State may direct.

4(1)In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker may remove the remains-

(a)if no application under paragraph 2(2) has been received, or

(b)in a case where one or more applications under paragraph 2(2) have been received, if in the case of each application-

(i)a licence has been issued, and

(ii)at least 28 days have passed since the issue of the licence without the remains having been removed.

(2)The nominated undertaker must after the removal of remains under sub-paragraph (1)-

(a)within 12 months or such longer period as the Secretary of State may direct in relation to the case-

(i)bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(ii)cremate them in a crematorium, or

(b)deal with them in such other manner, and subject to such conditions, as the Secretary of State may direct.

(3)If-

(a)an application is made to the nominated undertaker under paragraph 2(2),

(b)the application is refused on the ground that the nominated undertaker is not satisfied that the applicant is a relative or personal representative of the deceased,

(c)within the period of 28 days beginning with the date of the notice of refusal the applicant has applied to the county court for a declaration that he or she is a relative or personal representative of the deceased (see paragraph 11(2)(b)), and

(d)that period of 28 days has elapsed without the court having determined the application made to it,

the nominated undertaker may remove the remains and any monument to the deceased.

(4)The nominated undertaker must, pending the court's determination, deal with any remains or monument removed under sub-paragraph (3) in such manner as the Secretary of State may direct.

5(1)In the case of remains in relation to which paragraph 1(4) applies, the nominated undertaker may remove the remains and, if it does so, is to be treated for the purposes of this Act as acting under this paragraph and not under the licence under the Burial Act 1857.

(2)The nominated undertaker must within two months of the removal of remains under sub-paragraph (1)-

(a)bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(b)cremate them in a crematorium.

(3)But if the Secretary of State is satisfied that the remains were buried more than 100 years ago, the remains are to be dealt with in accordance with paragraph 4(2) instead of sub-paragraph (2).

Removal of monuments

6(1)Where a licence to remove any remains is issued under paragraph 2(1) or (2), the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.

(2)The nominated undertaker must pay the reasonable costs of removal and re-erection under sub-paragraph (1).

7(1)Where any remains are removed under a licence under paragraph 2(1) or (2), the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.

(2)Where the nominated undertaker removes any remains under paragraph 3, 4 or 5, it may also remove from the land any monument to the deceased.

(3)Where any remains are removed (by a person other than the nominated undertaker) under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.

(4)The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are buried or to some other appropriate place.

(5)The nominated undertaker must break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4).

Records

8(1)Where any remains in relation to which paragraph 1(1) applies are removed under this Schedule, or remains in relation to which paragraph 1(4) applies are removed under paragraph 5(2), the nominated undertaker must, within two months of the removal, provide the Registrar General with a certificate which-

(a)identifies the remains, so far as practicable,

(b)states the date on which, and the place from which, the remains were removed, and

(c)states the date and place of reburial or cremation.

(2)Where any remains in relation to which paragraph 1(3) applies are removed under this Schedule, or remains in relation to which paragraph 1(4) applies are removed under paragraph 5(3), the nominated undertaker must, within 12 months of the removal or such longer period as the Secretary of State may direct in relation to the case, provide the Registrar General with a certificate which-

(a)identifies the remains, so far as practicable,

(b)states the date on which, and the place from which, the remains were removed,

(c)if at the time the certificate is provided the remains have been reburied or cremated, states the date and place of reburial or cremation, and

(d)if at that time the remains have not been reburied or cremated, states where and by whom they are kept.

(3)Where any monument is removed under this Schedule, the nominated undertaker must, within two months of the removal-

(a)deposit with the local authority in whose area the monument was situated prior to the removal a record which-

(i)identifies the monument,

(ii)gives any inscription on it,

(iii)states the date on which, and the place from which, it was removed, and

(iv)states the place, if any, to which it was moved or how it was disposed of, and

(b)provide the Registrar General with a copy of the record deposited under paragraph (a).

(4)The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs in order to comply with sub-paragraph (1), (2) or (3).

(5)In sub-paragraph (3)(a), "local authority" means the unitary authority or, in a non-unitary area, the district council.

Discharge of functions by nominated undertaker

9(1)Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2), it must carry out in accordance with the reasonable requests of the licensee-

(a)its functions under paragraph 3 or 4 with respect to disposal of the remains, and

(b)if it removes any monument to the deceased, the functions under paragraph 7 with respect to disposal of the monument.

(2)In a case where more than one licence is granted under paragraph 2(1) or (2) and the licensees make different reasonable requests for the purposes of sub-paragraph (1), the nominated undertaker must carry out the functions referred to in that sub-paragraph in accordance with directions given by the Secretary of State.

(3)Directions under sub-paragraph (2) may include directions that-

(a)a licensee may apply to the county court to determine how remains or a monument are to be disposed of, and

(b)how the remains or monument are to be dealt with pending the court's determination.

10The Secretary of State may give such directions as the Secretary of State thinks fit with respect to the carrying out of any function under this Schedule.

Relatives and personal representatives

11(1)In this Schedule, references to a relative of the deceased are to a person who-

(a)is a husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased, or

(b)is, or is a child of, a brother, sister, uncle or aunt of the deceased.

(2)For the purposes of this Schedule, a person is to be taken to be a relative or personal representative of the deceased if-

(a)the nominated undertaker is satisfied that the person is a relative or personal representative of the deceased, or

(b)the county court, on the application of the person, has declared that the person is a relative or personal representative of the deceased.

Section 32

SCHEDULE 21Water

Water abstraction and impounding

1The restriction imposed by section 24(1) of WRA 1991 (restriction on the abstraction of water) does not apply in relation to the abstraction of water for the purposes of or in connection with the construction of the works authorised by this Act.

2Section 25 of WRA 1991 (restrictions on impounding) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

3(1)Section 48A(1) of WRA 1991 (duty not to cause loss or damage to another by the abstraction of water) does not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this Act.

(2)Where-

(a)the nominated undertaker causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this Act, and

(b)the circumstances are such that causing the loss or damage would have constituted breach of the duty under section 48A(1) of WRA 1991, but for sub-paragraph (1),

the nominated undertaker must compensate the other person for the loss or damage.

(3)Compensation under sub-paragraph (2) is to be assessed on the same basis as damages for breach of the duty under section 48A(1) of WRA 1991.

(4)Section 48A(5) of WRA 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under-

(a)this paragraph, or

(b)Part 5 of Schedule 33.

Structures in, over or under a main river

4(1)Regulation 12(1)(a) of the Environmental Permitting Regulations (environmental permit required for operating a regulated facility) does not apply to the carrying on of a relevant flood risk activity in exercise of the powers conferred by this Act with respect to works.

(2)In this paragraph-

Floods

5Paragraph 5 of Schedule 1 to FWMA 2010 (consent required for alteration, removal or replacement of designated feature) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Drainage

6Paragraph 7 of Schedule 3 to FWMA 2010 (approval required for drainage system for construction work) does not apply in relation to anything done in exercise of the powers conferred by this Act with respect to works.

Communication with public sewers in London

7Section 106(8) of the Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker in Greater London) does not apply where the proposed communication involves a drain or sewer serving Phase One of High Speed 2.

Eels

8Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/3344) (passage of eels) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Interpretation

9In this Schedule-

Section 33(1)

SCHEDULE 22Buildings

Building regulations

1(1)Nothing in-

(a)Part 1 of the 1984 Act with respect to building regulations, or

(b)any building regulations,

applies to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(2)Sub-paragraph (1) does not apply in relation to a building which is a house or hotel.

(3)Sub-paragraph (1) does not apply in relation to a building which is used as offices or showrooms unless it forms part of a railway station or other railway facility.

(4)The reference in sub-paragraph (3) to a "railway facility" includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway.

(5)The reference in sub-paragraph (1)(b) to building regulations does not include the provisions listed in regulation 34(1) of the Building Regulations 2010 (S.I. 2010/2214) (requirements relating to energy efficiency).

Drain repairs

2In section 61 of the 1984 Act-

(a)subsection (2) (local authority officers to have access to drain repair works), and

(b)subsection (3) (offence for failure to comply with section 61),

do not apply to the repair, reconstruction or alteration of an underground drain which is carried out for Phase One purposes.

Drain disconnections

3Where works described in section 62(1)(a), (b) or (c) of the 1984 Act (reconstruction and other drain works) are carried out for Phase One purposes, section 62 of the 1984 Act (which requires drains to be disconnected when they become disused or unnecessary in consequence of reconstruction and other works) has effect as if-

(a)in subsection (1), for "as the local authority may reasonably require" there were substituted "as the person considers necessary",

(b)subsections (2) and (3) were omitted,

(c)for subsection (4) there were substituted-

"(4)Before carrying out works described in subsection (1)(a), (b) or (c), the person carrying out the works must give at least 48 hours' notice to the local authority.", and

(d)subsection (5) were omitted.

Raising of chimneys

4(1)This paragraph applies where-

(a)the nominated undertaker is given a notice under section 73(1) of the 1984 Act (notice requiring chimney of adjoining building to be raised and requiring owner or occupier of that building to allow access to it for that purpose),

(b)the taller building is a building held, or to be held, by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, and

(c)the owner or occupier of the adjoining building referred to in section 73(1)(b) of the 1984 Act serves a counter-notice on the nominated undertaker.

(2)The owner or occupier of the adjoining building may not enter upon relevant Phase One land, for the purposes of carrying out the work to which the counter-notice relates, without the consent of the Secretary of State or the nominated undertaker.

(3)"Relevant Phase One land" means land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under the Act.

(4)Where, by reason of the withholding of consent for the purposes of sub-paragraph (2), the owner or occupier of the adjoining building is unable to carry out the work to which the counter-notice relates, the counter-notice ceases to have effect.

(5)In this paragraph, references to "the taller building" and a "counter-notice" are to be construed in accordance with section 73 of the 1984 Act.

Construction of cellars and rooms below subsoil water level

5(1)Section 74(1) of the 1984 Act (which requires local authority consent for the construction of a cellar or room below subsoil water level in, or as part of, a house, shop, inn, hotel or office) does not apply to the construction of a cellar or room in connection with a shop, inn, hotel or office which forms part of a railway station or other railway facility which is being used, or which is intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(2)The reference in sub-paragraph (1) to a "railway facility" includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway.

Interpretation

6In this Schedule-

Section 33(2)

SCHEDULE 23Party walls etc

1In this Schedule, "the 1996 Act" means the Party Wall etc Act 1996.

2No notice under section 1(2) or (5) of the 1996 Act (notice before building on line of junction with adjoining land) is required before the building of any wall for Phase One purposes.

3Sections 1(6) and 2 of the 1996 Act (rights of adjoining owners) do not have effect to confer rights in relation to-

(a)anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or

(b)land on which there is any such thing.

4No party structure notice under section 3 of the 1996 Act is required before the exercise of any right conferred by section 2 of that Act (right to repair etc party wall) for the purposes of or in connection with-

(a)the construction of the works authorised by this Act, or

(b)the maintenance of any such work during the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use.

5Section 6 of the 1996 Act (underpinning of adjoining buildings) does not apply in relation to a proposal to excavate, or excavate for and erect anything, for Phase One purposes.

6(1)Where-

(a)a building owner (within the meaning of the 1996 Act) serves a notice under section 6(5) of that Act, and

(b)the building or structure of the adjoining owner (within the meaning of that Act) referred to in that provision is a building or structure-

(i)erected for Phase One purposes, or

(ii)situated on land held by the Secretary of State or the nominated undertaker for the purposes of the nominated undertaker's undertaking under this Act,

section 6 of that Act has effect as if it were subject to the following modifications.

(2)Those modifications are-

(a)that subsection (3) is omitted, and

(b)the substitution for subsections (6) and (7) of-

"(6)The notice referred to in subsection (5) ("the proposals notice")-

(a)shall be accompanied by plans and sections showing-

(i)the site and depth of any excavation the building owner proposes to make;

(ii)if he proposes to erect a building or structure, its site; and

(b)where the notice includes a proposal to underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner, shall-

(i)include a detailed description of those works; and

(ii)specify the building owner's programme for carrying them out.

(6A)The adjoining owner may serve a notice on the building owner consenting to the proposals notice.

(6B)Where the proposals include the carrying out of works mentioned in subsection (6)(b), the consent notice served under subsection (6A) must state whether the adjoining owner-

(a)is to carry out those works himself, or

(b)requires the works to be carried out by the building owner.

(7)If an owner on whom a proposals notice has been served does not serve a consent notice within the period of 14 days beginning with the day on which the proposals notice was served, he shall be deemed to have dissented from the notice and a dispute shall be deemed to have arisen between the parties.

(7A)Works to underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner (whether proposed in the proposals notice or otherwise) are to be carried out by the adjoining owner, unless the building owner is required to carry them out-

(a)by virtue of a requirement within subsection (6B)(b), or

(b)where a dispute is deemed to have arisen between the parties in relation to any matter, by a notice served by the adjoining owner on the building owner within the period of 14 days beginning with-

(i)the day on which the parties settle the dispute, or

(ii)the day on which an award is made under section 10 in relation to the dispute.

(7B)The works (whether carried out by the adjoining owner or the building owner) are to be carried out-

(a)at the building owner's expense, and

(b)in accordance with the description and programme agreed by the parties (whether by virtue of a consent notice or in connection with the settlement of any dispute) or determined in accordance with section 10 (in the case of a dispute in relation to which an award is made under that section)."

7(1)This paragraph applies where a dispute arises or is deemed to have arisen in respect of a matter connected with any work to which the 1996 Act relates and the work-

(a)is required for Phase One purposes, or

(b)relates to a building or structure situated on land held by the Secretary of State or the nominated undertaker for the purposes of the nominated undertaker's undertaking under this Act.

(2)In such a case, the 1996 Act has effect as if for section 10 (resolution of disputes) there were substituted-

"10Resolution of disputes

(1)Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act applies, the dispute is to be settled by a single arbitrator, to be-

(a)agreed on by both parties, or

(b)in default of agreement, appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.

(2)If the arbitrator-

(a)refuses to act;

(b)neglects to act for a period of ten days beginning with the day on which either party serves a request on the arbitrator;

(c)dies before the dispute is settled; or

(d)becomes or deems himself or herself incapable of acting,

subsection (1) applies again.

(3)The arbitrator must settle by award any matter-

(a)which is connected with any work to which this Act relates, and

(b)which is in dispute between the building owner and the adjoining owner.

(4)An award may determine-

(a)the right to execute any work;

(b)the time and manner of executing any work; and

(c)any other matter arising out of or incidental to the dispute including the costs of making the award.

(5)But, unless otherwise agreed between the building owner and the adjoining owner, any period appointed by the award for executing any work does not begin to run until after the end of the period prescribed by this Act for service of the notice in respect of which the dispute arises or is deemed to have arisen.

(6)The reasonable costs incurred in-

(a)making or obtaining an award under this section,

(b)reasonable inspections of work to which the award relates, and

(c)any other matter arising out of the dispute,

are to be paid by such of the parties as the arbitrator determines.

(7)Where the arbitrator makes an award, the arbitrator must serve it forthwith on the parties.

(8)The award is conclusive and must not except as provided by this section be questioned in any court.

(9)Either of the parties to the dispute may appeal to the county court against the award within the period of 14 days beginning with the day on which the award is served on the party making the appeal.

(10)On such an appeal, the county court may-

(a)rescind the award or modify it in such manner as the court thinks fit; and

(b)make such order as to costs as the court thinks fit."

(3)Where the 1996 Act has effect as mentioned in sub-paragraph (2)-

(a)section 7(5) has effect as if the words "(or surveyors acting on their behalf)" were omitted,

(b)section 8(5) has effect as if the reference to a surveyor appointed or selected under section 10 were to an arbitrator agreed or appointed under section 10 (as modified by sub-paragraph (2)),

(c)section 8(6) has effect as if it provided for the arbitrator to give notice of its intention to enter land or premises, and

(d)section 12(3)(b) has effect as if the reference to the surveyor or surveyors were to the arbitrator.

8(1)Where, by virtue of paragraph 6, work to which a notice under section 6(5) of the 1996 Act relates are carried out by an adjoining owner, sections 13 and 14 of that Act have effect subject to the following modifications.

(2)Section 13(1) has effect as if it enabled the adjoining owner, within the period of two months beginning with the day of the completion of the work, to serve on the building owner an account in writing showing particulars and expenses of the work.

(3)Section 13(2) has effect as if it enabled the building owner to serve on the adjoining owner a notice objecting to the account served under section 13(1) (as modified by sub-paragraph (2)).

(4)Section 14 has effect as if-

(a)for subsection (1) there were substituted-

"(1)All expenses to be defrayed by a building owner in accordance with an account served under section 13 shall be paid by the building owner.", and

(b)subsection (2) were omitted.

Section 34

SCHEDULE 24Street works

Works in or near highways

1(1)The following enactments (which control obstructions of the highway in connection with works relating to buildings) do not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of the powers conferred by this Act-

(a)section 15(1) of the Greater London Council (General Powers) Act 1970 (c. lxxvi), and

(b)section 169(1) of the Highways Act 1980.

(2)Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) does not apply to any tree or shrub planted for the purposes of or in connection with the exercise of the powers conferred by this Act.

(3)Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) does not apply to any length of a retaining wall erected on land held by the Secretary of State or by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(4)Nothing in section 8(2) to (5) of the Greater London Council (General Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) applies with respect to any retaining wall erected in exercise of the powers conferred by this Act.

(5)The provisions of this paragraph apply in relation to a highway for which the Secretary of State or a strategic highways company is the highway authority only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions).

Street works

2(1)The powers conferred by section 56(1) and (1A) of the New Roads and Street Works Act 1991 (powers to give directions as to the timing of proposed and subsisting street works) do not apply in relation to works proposed to be, or being, carried out under the powers conferred by this Act.

(2)Section 56A of that Act (power to give directions as to placing of apparatus) does not apply in relation to the placing of apparatus in exercise of the powers conferred by this Act.

(3)No restriction under section 58(1) of that Act (power to impose restriction on execution of street works following completion of substantial road works) has effect in relation to works carried out under the powers conferred by this Act.

(4)Section 61(1) of that Act (under which the consent of the street authority is required for the placing of apparatus in a protected street) does not apply to the placing of apparatus in exercise of the powers conferred by this Act.

(5)Section 62(2) of that Act (power following designation of protected street to require removal or repositioning of apparatus already placed in the street) does not apply in relation to apparatus placed in exercise of the powers conferred by this Act.

(6)Section 62(4) of that Act (power, when designation as protected street commences or ceases, to give directions with respect to works in progress) does not apply in relation to works being carried out under the powers conferred by this Act.

(7)Section 63(1) of that Act (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) does not apply in relation to works to be executed under the powers conferred by this Act.

(8)The power conferred by section 73A(1) of that Act (power to require undertaker to re-surface street) may not be exercised in relation to an undertaker who is within subsection (2) of that section because of-

(a)having given a notice in respect of works proposed to be carried out under the powers conferred by this Act, or

(b)executing, or having executed, works under those powers.

(9)Nothing in section 74A of that Act (power to make regulations requiring payment of charges for street works), or in regulations made under it, applies in relation to the execution of works under the powers conferred by this Act.

(10)No contribution is payable under section 78A(1)(b) of that Act (contributions by other undertakers to costs incurred in executing works specified in a re-surfacing notice) because of the execution of works under the powers conferred by this Act.

(11)Schedule 3A to that Act (restriction on works following substantial street works) does not apply where a notice under section 54 (advance notice of certain works) or section 55 (notice of starting date of works) of that Act is in respect of works to be executed under the powers conferred by this Act.

(12)No notice under paragraph 2(1)(d) of that Schedule (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) has effect to require the notification of works proposed to be carried out under the powers conferred by this Act.

(13)No directions under paragraph 3 of that Schedule (directions as to the date on which undertakers may begin to execute proposed works) may be issued to the nominated undertaker.

(14)Paragraph 3(4) of that Schedule (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) does not apply in relation to the execution of works under the powers conferred by this Act.

(15)Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 restricting further works) does not apply in relation to the execution of works under the powers conferred by this Act.

(16)The provisions of this paragraph apply in relation to a street for which the Secretary of State or a strategic highways company is the street authority only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions).

Permit schemes

3(1)Nothing in Part 3 of the Traffic Management Act 2004 (permit schemes), or in any permit scheme or permit regulations under that Part, applies in relation to the carrying out of works under the powers conferred by this Act.

(2)This paragraph applies in relation to-

(a)a permit scheme under Part 3 of the 2004 Act in respect of a street for which the Secretary of State or a strategic highways company is the highway authority, or

(b)a permit scheme prepared by the Secretary of State under section 33(4) of the 2004 Act,

only if the relevant authority consents (and consent may be subject to conditions).

(3)"The relevant authority" means-

(a)in relation to a permit scheme mentioned in sub-paragraph (2)(a), the person who is the highway authority in respect of the street, and

(b)in relation to a permit scheme mentioned in sub-paragraph (2)(b), the Secretary of State.

Section 35

SCHEDULE 25Traffic regulation

Traffic authority to consult Secretary of State before making traffic regulation order

1(1)This paragraph applies where-

(a)the traffic authority for a relevant road is a person other than the Secretary of State,

(b)the authority proposes to make a traffic regulation order in relation to the road, and

(c)it appears to the authority that provision made by the order could significantly interfere with the use of the road by heavy commercial vehicles for the purposes of the construction of Phase One of High Speed 2.

(2)Before making the order, the authority must consult the Secretary of State (in addition to any other person the authority is required to consult under or by virtue of Part 3 of Schedule 9 to RTRA 1984).

(3)In this paragraph-

(4)For the purposes of the definition of "relevant road", "special road" and "trunk road" have the same meanings as in the Highways Act 1980.

2(1)The Secretary of State may by notice designate-

(a)a road, or part of a road, in relation to which paragraph 1(2) does not apply;

(b)a description of traffic regulation orders in relation to which paragraph 1(2) does not apply.

(2)A notice under sub-paragraph (1)(a) has effect until further notice.

(3)The Secretary of State must give a notice under sub-paragraph (1)(a) to the traffic authority for the road (or part of the road) to which the notice relates.

(4)A notice under sub-paragraph (1)(b) may have effect generally or in relation to areas specified in the notice.

(5)The Secretary of State must give a notice under sub-paragraph (1)(b) to every traffic authority which would be affected by the notice.

(6)Failure by a traffic authority to comply with paragraph 1(2) in relation to a traffic regulation order does not affect the validity of the order.

3(1)Paragraph 1(2) ceases to apply in relation to a traffic authority if the Secretary of State gives the authority a notice stating that-

(a)no further works are proposed to be constructed under this Act in the authority's area, and

(b)the use of relevant roads in the authority's area is no longer required by heavy commercial vehicles for the purposes of the construction of Phase One of High Speed 2.

(2)Paragraph 1(2) ceases to apply in relation to a particular part of the area of a traffic authority ("the relevant part") if-

(a)the Secretary of State reasonably considers that the relevant part can be treated separately from the rest of the authority's area for the purposes of paragraph 1(2), and

(b)the Secretary of State gives the authority a notice stating that-

(i)no further works are proposed to be constructed under this Act in the relevant part, and

(ii)the use of relevant roads in the relevant part is no longer required by heavy commercial vehicles for the purposes of the construction of Phase One of High Speed 2.

(3)The Secretary of State must give a traffic authority a notice under sub-paragraph (1) or (2) as soon as reasonably practicable after the Secretary of State forms the view that the applicable requirements are met.

(4)For the purposes of sub-paragraph (3), the applicable requirements are met-

(a)in a sub-paragraph (1) case, if sub-paragraph (1)(a) and (b) apply in relation to the authority's area, and

(b)in a sub-paragraph (2) case, if sub-paragraph (2)(b)(i) and (ii) apply in relation to the relevant part.

(5)In this paragraph, "heavy commercial vehicle" and "relevant road" have the same meanings as in paragraph 1.

Power of Secretary of State to direct traffic authority to make traffic regulation order

4(1)The Secretary of State may give a direction to a traffic authority requiring the authority to make a traffic regulation order if the Secretary of State considers that the making of such an order is-

(a)necessary for the purposes of the timely, efficient and cost-effective construction of Phase One of High Speed 2, and

(b)reasonable in the circumstances.

(2)Paragraph 1(2) does not apply (if it otherwise would) to the making of a traffic regulation order in pursuance of a direction under this paragraph.

(3)Where a traffic authority makes a traffic regulation order in pursuance of a direction under this paragraph (a "relevant order"), the authority may not without the Secretary of State's consent make a further traffic regulation order which contains-

(a)provision varying or revoking the relevant order, or

(b)provision as respects any length of road for any purpose where-

(i)an order has been made as respects that length of road for a similar purpose, and

(ii)that order has been varied or revoked by the relevant order.

(4)The power to give a direction under this paragraph includes power to vary or revoke a previous direction given under this paragraph.

5(1)This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 1, 6 or 9 of RTRA 1984.

(2)The order is to be treated for the purposes of Part 3 and paragraph 28 of Schedule 9 to RTRA 1984, and regulations made under Part 3 of that Schedule, as if it were required to be made in pursuance of a direction under paragraph 2 of that Schedule.

(3)The provisions mentioned in sub-paragraph (2) have effect accordingly, but as if-

(a)paragraph 26(1) of Schedule 9 to RTRA 1984 (which requires the Secretary of State to take account of objections) were omitted,

(b)for the purposes of the application of paragraph 28 of Schedule 9 to RTRA 1984 (provision about the variation or revocation of certain orders)-

(i)the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 4(3) of this Schedule, and

(ii)any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 4(3) of this Schedule, and

(c)any provision in regulations made under Part 3 of Schedule 9 to RTRA 1984 relating to the holding of a public inquiry were omitted.

(4)Paragraph 35 of Schedule 9 to RTRA 1984 (provision for questioning validity of orders) has effect, in its application to the order, as if-

(a)the reference in sub-paragraph (a) to the relevant powers were to those powers as they apply in the case of an order made in pursuance of a direction under paragraph 4 above, and

(b)the reference in sub-paragraph (b) to the relevant requirements were to those requirements as modified by sub-paragraph (3) above.

6(1)This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 14 of RTRA 1984.

(2)Section 15 of RTRA 1984 (duration of orders under section 14) does not apply to the order.

(3)The order has effect for the period specified or described in the direction.

(4)The period specified or described by virtue of sub-paragraph (3) must be such as the Secretary of State considers is reasonable for the purposes of the construction of Phase One of High Speed 2.

Further powers of Secretary of State (including in relation to variation or revocation of orders)

7(1)The Secretary of State may direct a traffic authority to revoke a traffic regulation order made by the authority in pursuance of a direction under paragraph 4.

(2)The Secretary of State may direct a traffic authority to vary a traffic regulation order made by the authority in pursuance of a direction under paragraph 4, where-

(a)the Secretary of State considers that the variation is-

(i)necessary for the purposes of the timely, efficient and cost-effective construction of Phase One of High Speed 2, and

(ii)reasonable in the circumstances, or

(b)the effect of the variation is to remove or relax a restriction imposed by the order on the use of any road.

8(1)Where a traffic authority fails to comply with a direction under paragraph 4, the Secretary of State may make the traffic regulation order required by the direction.

(2)Where a traffic authority fails to comply with a direction under paragraph 7, the Secretary of State may by order vary or revoke the traffic regulation order (as required by the direction).

9(1)The Secretary of State may by order made by statutory instrument vary or revoke a traffic regulation order (whenever made) if the Secretary of State considers the variation or revocation-

(a)necessary for the purposes of the timely, efficient and cost-effective construction of Phase One of High Speed 2, and

(b)reasonable in the circumstances.

(2)This paragraph has effect without prejudice to the powers conferred on the Secretary of State by paragraphs 7 and 8.

10(1)This paragraph applies to an order under paragraph 8 or 9.

(2)Paragraph 4 of Schedule 9 to RTRA 1984 (reserve powers of Secretary of State, including power to recover expenses) applies to the order as it applies to an order made by virtue of paragraph 3 of that Schedule.

(3)Parts 3 and 4 of Schedule 9 to RTRA 1984, and regulations made under paragraph 24 of that Schedule, apply to the order as they apply to an order made by virtue of the relevant paragraph of that Schedule, but as if-

(a)any provision in the regulations relating to the holding of a public inquiry were omitted, and

(b)for the purposes of the application of paragraph 28 of that Schedule (provision about the variation or revocation of certain orders)-

(i)the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 10(5) of this Schedule, and

(ii)any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 10(5) of this Schedule.

(4)For the purposes of sub-paragraph (3), "the relevant paragraph" of Schedule 9 to RTRA 1984 is-

(a)in the case of an order under paragraph 8 of this Schedule, paragraph 3 of that Schedule, and

(b)in the case of an order under paragraph 9 of this Schedule, paragraph 7 of that Schedule.

(5)Where the Secretary of State makes an order to which this paragraph applies, the relevant authority may not without the Secretary of State's consent make a further traffic regulation order which contains-

(a)provision varying or revoking the Secretary of State's order, or

(b)provision as respects any length of road for any purpose where-

(i)an order has been made as respects that length of road for a similar purpose, and

(ii)that order has been varied or revoked by the Secretary of State's order.

(6)Paragraph 16 of Schedule 9 to RTRA 1984 (powers of Secretary of State where an order is submitted for consent) applies for the purposes of sub-paragraph (5) as if the further traffic regulation order had been submitted for consent under Part 2 of that Schedule.

Power to restrict traffic authority from making or implementing traffic regulation order

11(1)The Secretary of State may give a direction to a traffic authority prohibiting the authority from making or bringing into operation a traffic regulation order (whenever made) if the Secretary of State considers that such an order could significantly interfere with the use of any road for the purposes of the construction of Phase One of High Speed 2.

(2)A prohibition imposed by virtue of this paragraph may be expressed-

(a)so as to have effect generally or for a period specified in the direction;

(b)so as to prohibit the making or bringing into operation of a traffic regulation order without the Secretary of State's consent.

(3)The power to give a direction under this paragraph includes power to vary or revoke a previous direction given under this paragraph.

Consultation requirements applicable to Secretary of State

12(1)The Secretary of State must consult a traffic authority-

(a)before giving a direction to the authority under paragraph 4, 7 or 11, or

(b)before making an order under paragraph 8(2) or 9 in relation to a traffic regulation order made by the authority.

(2)The purpose of consultation is-

(a)to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience, and

(b)to take account of the requirements (however expressed) to which the traffic authority is subject under an enactment or under an agreement or undertaking entered into in pursuance of an enactment.

Guidance

13(1)The Secretary of State must prepare a statement setting out, in general terms-

(a)guidance in connection with the duty under paragraph 1(2) (which requires a traffic authority to consult the Secretary of State before making a traffic regulation order), and

(b)how the Secretary of State proposes to exercise the powers conferred on the Secretary of State by the preceding provisions of this Schedule.

(2)The Secretary of State may from time to time revise the statement.

(3)In preparing or revising the statement, the Secretary of Sate must consult-

(a)the nominated undertaker, and

(b)those traffic authorities which the Secretary of State considers are likely to be subject to the duty under paragraph 1(2) or to be affected by the exercise of the powers mentioned in sub-paragraph (1)(b) (or both).

Removal of vehicles

14(1)An authorised person may remove a vehicle, or arrange for its removal, where conditions 1 and 2 are met.

(2)Condition 1 is that the vehicle has been permitted to remain at rest, or has broken down and remained at rest-

(a)on any road in contravention of a prohibition or restriction imposed by a traffic regulation order, or

(b)on any road which is stopped up under paragraph 2 or 6 of Schedule 4.

(3)Condition 2 is that it appears to the authorised person that the vehicle is likely, if it is not removed-

(a)to obstruct the carrying out of any of the works authorised by this Act, or

(b)to be at risk of being damaged in consequence of the doing of anything for the purposes of the construction of Phase One of High Speed 2.

(4)References in sub-paragraphs (1) and (3) to the removal of a vehicle are to its removal to another position on the road in question or to another road.

(5)Before exercising the power under sub-paragraph (1), an authorised person must give notice to-

(a)the local authority (as defined by section 100(5) of RTRA 1984) in whose area the vehicle is situated, and

(b)the chief officer of the police force in whose area the vehicle is situated.

(6)A person removing a vehicle under or by virtue of sub-paragraph (1) may do so-

(a)by towing or driving the vehicle, or

(b)in such other manner as the person thinks necessary,

and may take such measures in relation to the vehicle as the person thinks necessary to enable its removal.

(7)This paragraph is without prejudice to provision made by regulations under section 99 of RTRA 1984.

(8)In this paragraph-

Interpretation

15In this Schedule-

Section 36

SCHEDULE 26Lorries

Lorry ban orders

1(1)In this Schedule "lorry ban order" means-

(a)the Greater London (Restriction of Goods Vehicles) Traffic Order 1985, or

(b)any other order made at any time under section 1, 6, 9 or 14 of the Road Traffic Regulation Act 1984 which to any extent imposes-

(i)a prohibition or restriction on the use of heavy commercial vehicles, or any class of such vehicles, in an area, zone or place, or on a road, specified in the order, or

(ii)a requirement that heavy commercial vehicles, or any class of such vehicles, use a specified through route.

(2)The reference in sub-paragraph (1)(b)(i) to a prohibition or restriction on the use of heavy commercial vehicles on a road does not include a prohibition or restriction on their use on part of the width of a road.

(3)It is immaterial for the purposes of sub-paragraph (1)(b) whether the prohibition, restriction or requirement is subject to exceptions.

(4)This paragraph applies in relation to a lorry ban order made by the Secretary of State or a strategic highways company only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions).

Required provision in lorry ban orders

2(1)If a lorry ban order referred to in paragraph 1(1)(b) does not contain the required provision, it is to be treated as if it did.

(2)The required provision is provision to the effect that-

(a)a person proposing to use heavy commercial vehicles in connection with authorised works in a way which would otherwise constitute a breach of the prohibition, restriction or requirement referred to in paragraph 1(1)(b) may apply for the issue of a permit in respect of that use, and

(b)the use authorised by such a permit does not constitute a breach of the prohibition, restriction or requirement.

Issue of emergency permits

3(1)This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey-

(a)proposed to be undertaken in connection with the carrying out of authorised works, and

(b)for which a permit under a lorry ban order is required if the prohibition, restriction or requirement is not to be breached.

(2)The person may apply for a permit under the lorry ban order for the journey by giving the details mentioned in sub-paragraph (3), by telephone or by electronic means, to the authority responsible for dealing with permits under the order.

(3)The details referred to above are-

(a)the identity of the applicant,

(b)how the applicant may be contacted by telephone or by electronic means,

(c)the registration number of the vehicle to which the application relates,

(d)the authorised works in connection with which the journey is to be undertaken,

(e)whether any approved arrangements are relevant to the application and, if so, what they are,

(f)the date when the journey is proposed to be undertaken,

(g)in the case of an order made otherwise than by the Secretary of State or a strategic highways company, whether it is proposed to stop in the relevant area for delivery or collection purposes and, if so, the place or places and time or times at which it is proposed to do so, and

(h)in the case of an order made by the Secretary of State or a strategic highways company, such details of the place or places and time or times at which it is proposed to stop for delivery or collection purposes as may be set out in conditions attaching to consent given under paragraph 1(4).

(4)In sub-paragraph (3)(g) "relevant area" means-

(a)Greater London, if the area, zone, place or road specified in the order is in Greater London, and

(b)the area of the traffic authority, in any other case.

4(1)An authority responsible for dealing with permits under a lorry ban order must make arrangements enabling applications under paragraph 3 to be made at any time.

(2)Once an application for a permit has been made under paragraph 3, then, for the purpose of any relevant journey, the application is to be treated as granted subject to such conditions as the Secretary of State may by order specify.

(3)A journey is a relevant journey for the purposes of sub-paragraph (2) if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by the means specified by the application under paragraph 3(3)(b).

(4)The power to make an order under sub-paragraph (2) includes-

(a)power to make different provision for different cases, and

(b)power to make an order varying or revoking any order previously made under that provision.

Grant of applications for permit

5(1)This paragraph applies where an application for the issue of a permit under a lorry ban order-

(a)is made under paragraph 3, or

(b)is otherwise expressed to be made in connection with the carrying out of authorised works.

(2)The application must be granted if the issue of a permit is reasonably required-

(a)for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or

(b)for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.

(3)If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works-

(a)in a timely and efficient manner, or

(b)in accordance with approved arrangements.

(4)An applicant aggrieved by a decision under sub-paragraph (2) or (3) may appeal to the Secretary of State by giving notice of the appeal to-

(a)the Secretary of State, and

(b)the authority whose decision is appealed against,

within 28 days of notification of the decision.

(5)On an appeal under sub-paragraph (4), the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.

(6)If, on an appeal under sub-paragraph (4) against a decision under sub-paragraph (3), the Secretary of State varies the decision, the variation has effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.

(7)The applicant may not challenge a decision under sub-paragraph (3) otherwise than by an appeal under sub-paragraph (4).

Supplementary interpretation

6(1)In this Schedule-

(2)In this Schedule references to the issuing of a permit include the giving of any consent.

Section 37

SCHEDULE 27Noise

Control of noise on construction sites

1(1)In the Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) each have effect, in relation to works carried out in exercise of the powers conferred by this Act, as if-

(a)in subsection (7) (appeal against notice or against failure to give consent or the giving of qualified consent), for "a magistrates' court" there were substituted "the Secretary of State", and

(b)after that subsection there were inserted-

"(7A)If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration."

(2)The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly may, in relation to appeals which (by virtue of sub-paragraph (1)) are referred to arbitration under section 60(7A) or 61(7A) of the Control of Pollution Act 1974, by regulations make any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part 3 of that Act to the Secretary of State.

(3)Regulations under sub-paragraph (2) must be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

Defences to proceedings relating to statutory nuisance

2In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within section 79(1)(g) or (ga) of that Act where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance-

(a)is a consequence of-

(i)the construction or maintenance of the works authorised by this Act, or

(ii)the operation of Phase One of High Speed 2, and

(b)cannot reasonably be avoided.

3(1)Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to-

(a)a statutory nuisance falling within section 79(1)(g) of that Act (noise emitted from premises), or

(b)a statutory nuisance falling within section 79(1)(ga) of that Act (noise emitted by vehicle, machinery or equipment in a street),

no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that sub-paragraph (2) or (3) applies.

(2)This sub-paragraph applies if the nuisance-

(a)relates to premises or, as the case may be, to a vehicle, machinery or equipment, used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works, and

(b)is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.

(3)This sub-paragraph applies if the nuisance-

(a)is a consequence of-

(i)the construction or maintenance of the works authorised by this Act, or

(ii)the operation of Phase One of High Speed 2, and

(b)cannot reasonably be avoided.

4The following provisions of the Control of Pollution Act 1974-

(a)section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and

(b)section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

do not apply where the consent relates to the use of premises or, as the case may be, of a vehicle, machinery or equipment by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

Section 38

SCHEDULE 28Local Acts

London Squares Preservation Act 1931 (c. xciii)

1(1)Nothing in section 3 of the London Squares Preservation Act 1931 (protection of squares) has effect in relation to anything done for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

(2)Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.

London Overground Wires &c. Act 1933 (c. xliv)

2Nothing in the London Overground Wires &c. Act 1933, or in any byelaw made under that Act, extends or applies to any wires or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Act.

London Building Acts (Amendment) Act 1939 (c. xcvii)

3(1)The following provisions of the London Building Acts (Amendment) Act 1939 do not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act-

(a)Part 3 (construction of buildings and structures generally),

(b)Part 4 (construction of special and temporary buildings and structures), and

(c)Part 5 (means of escape in case of fire).

(2)Sub-paragraph (1) does not apply in relation to a building which is a house or a hotel.

(3)Sub-paragraph (1) does not apply in relation to a building which is used as offices or showrooms unless it forms part of a railway station or other railway facility.

(4)The reference in sub-paragraph (3) to a "railway facility" includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway.

West Midlands County Council Act 1980 (c. xi)

4(1)Section 11 of the West Midlands County Council Act 1980 (floodlighting) does not apply to floodlighting provided for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

(2)Section 15 of that Act (dust) does not apply to building operations carried out in exercise of the powers conferred by this Act.

(3)Section 16 of that Act (noise from air-powered tools and compressors) does not apply to equipment used for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

(4)Section 21 of that Act (powers of entry for Prevention of Damage by Pests Act 1949) does not apply in relation to any land held by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(5)Section 46 of that Act (building plans: access for fire brigade) does not apply to plans relating to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(6)Part 7 of that Act (storage of flammable materials) does not apply in relation to a stack on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(7)Section 84 of that Act (works erected etc over watercourses) does not apply to a work (as defined in that section) belonging to the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

Staffordshire Act 1983 (c. xviii)

5(1)Section 7 of the Staffordshire Act 1983 (plans for new streets) does not apply to any work carried out in exercise of the powers conferred by this Act.

(2)Section 10(1)(b) of that Act (ornamental or mown land) does not apply to the use of a vehicle which is reasonably necessary-

(a)for the purposes of, or in connection with, the exercise of the powers conferred by this Act with respect to works, or

(b)for the purposes of the nominated undertaker's undertaking under this Act.

(3)Section 12 of that Act (dust) does not apply to building operations carried out in exercise of the powers conferred by this Act.

(4)Section 16 of that Act (powers of entry for Prevention of Damage by Pests Act 1949) does not apply in relation to any land held by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(5)Section 26 of that Act (building plans: access for fire brigade) does not apply to plans relating to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(6)Part 7 of that Act (storage of flammable materials) does not apply in relation to a stack on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

Oxfordshire Act 1985 (c. xxxiv)

6(1)Section 5(2)(a) of the Oxfordshire Act 1985 (grass verges and open spaces) does not apply to the use of a vehicle, or the leaving of a vehicle, which is reasonably necessary-

(a)for the purposes of, or in connection with, the exercise of the powers conferred by this Act with respect to works, or

(b)for the purposes of the nominated undertaker's undertaking under this Act.

(2)Section 10 of that Act (culverting of ditches) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Greater London Council (General Powers) Act 1986 (c. iv)

7The following provisions of the Greater London Council (General Powers) Act 1986 do not apply to anything done in exercise of the powers conferred by this Act with respect to works-

(a)section 5(1) (consent of borough council required for demolition of works under a street),

(b)section 6(1) (consent of borough council required for works preventing access to premises under a street), and

(c)section 7(1) (consent of borough council required for infilling in premises under a street).

Section 42

SCHEDULE 29Application of other railway legislation etc

Highway (Railway Crossings) Act 1839 (c. 45)

1The Highway (Railway Crossings) Act 1839 does not apply to a railway authorised by this Act.

Railway Regulation Act 1840 (c. 97)

2(1)In its application to Phase One of High Speed 2, or a train all or part of whose journey is on Phase One of High Speed 2, section 16 of the Railway Regulation Act 1840 (obstruction of officers of railway company or trespass upon railway) has effect as if-

(a)the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 3 on the standard scale (instead of level 1), and

(b)the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding 51 weeks (in the case of an offence committed in England and Wales) or 12 months (in the case of an offence committed in Scotland).

(2)In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (1)(b) to 51 weeks is to be read as a reference to one month.

Railway Regulation Act 1842 (c. 55)

3Section 9 of the Railway Regulation Act 1842 does not apply to a railway authorised by this Act.

Railways Clauses Consolidation Act 1845 (c. 20)

4(1)The following provisions only of the Railways Clauses Consolidation Act 1845 are incorporated with this Act, in so far as they are applicable for the purposes of this Act and not inconsistent with its provisions-

(2)In their application by virtue of sub-paragraph (1)-

(a)section 2 has effect with the substitution for "so incorporated as aforesaid" of "incorporated";

(b)section 6 has effect with the omission of "and to take lands for that purpose", "taken or" and "for the value of the lands so taken or used, and";

(c)sections 18 and 21 do not apply in any case where the relations between the nominated undertaker and any other person are regulated by sections 84 and 85 of the New Roads and Street Works Act 1991 or Part 2 of Schedule 33 to this Act (protective provisions relating to utility undertakers);

(d)section 46 has effect with the omission of the words from "of the height" to "in that behalf provided";

(e)section 68 has effect with the omission of the words from "Such and" to "formation thereof" and from "together with all necessary gates" to "all necessary stiles".

Railways Clauses Act 1863 (c. 92)

5(1)Sections 4 and 12 of the Railways Clauses Act 1863 (and section 3 of that Act so far as relating to those sections) are incorporated with this Act, in so far as applicable for the purposes of this Act and not inconsistent with its provisions.

(2)In its application by virtue of sub-paragraph (1), section 4 has effect with the omission of-

(a)the words "and subject to the limitations contained in sections eleven, twelve, and fifteen of those Acts respectively,", and

(b)the words from "Provided that nothing" to the end.

Regulation of Railways Act 1889 (c. 57)

6In its application to Phase One of High Speed 2, or a train all or part of whose journey is on Phase One of High Speed 2, section 5 of the Regulation of Railways Act 1889 has effect as follows-

(a)section 5(1) (failure to produce ticket, pay fare or give name and address) has effect as if the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 2 on the standard scale (instead of level 1);

(b)section 5(2) (power to arrest passenger who fails to produce ticket and refuses to give name and address) has effect as if after "refuses" there were inserted "or fails";

(c)section 5(3) (travel with intent to avoid payment of fare) has effect as if the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 3 on the standard scale (instead of level 2).

British Transport Commission Act 1949 (c xxix)

7(1)Section 55 of the British Transport Commission Act 1949 (penalty for trespass on railways etc) also applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work constructed in exercise of the powers conferred by this Act.

(2)Section 56 of that Act (penalty for stone throwing etc on railways) also applies in relation to any railway or siding constructed in exercise of the powers conferred by this Act.

North Pole Depot

8(1)Clause 12 of the 1987 North Pole Depot undertaking (restriction on the operation of diesel locomotives on the site) does not apply in relation to-

(a)the western part of the site, or

(b)the use of any railway or siding on any other part of the site for the purposes of access to, or stabling in connection with, a depot on the western part of the site.

(2)For the purposes of this paragraph-

Section 43(4)

SCHEDULE 30Arbitration between railway operators

Directions as to results to be achieved

1(1)This paragraph applies where a difference is referred under section 43(3) to arbitration.

(2)The parties must notify the Secretary of State of the referral without delay after the commencement of the arbitral proceedings.

(3)The Secretary of State may, on request or otherwise, direct the arbitrator as to results that are to be achieved by the agreement for which terms are to be determined by the arbitration.

(4)A direction under this paragraph may be made even though the making of the direction affects the outcome of proceedings to which the Secretary of State, or a body in which the Secretary of State has an interest, is a party.

(5)A request for a direction under this paragraph may be made by the arbitrator (as well as by a party).

(6)For the purpose of determining whether or not the arbitrator has to comply with a direction under this paragraph, the rule is that the arbitrator must comply with the direction in determining terms of the agreement if the direction-

(a)is relevant to the determination of those terms, and

(b)is given to the arbitrator before the award determining those terms is made.

(7)For the purpose of determining what the arbitrator has to do to comply with a direction under this paragraph, the rule is that the arbitrator must carry out the function of determining terms of the agreement so as to secure, so far as is reasonably practicable, that the results concerned are achieved by the agreement.

Directions as to consolidation and grouping of proceedings

2(1)The Secretary of State may, on request or otherwise, direct-

(a)that a group of proceedings is to be consolidated, or

(b)that concurrent hearings are to be held in a group of proceedings.

(2)In sub-paragraph (1) "group of proceedings" means a group consisting of-

(a)section 43(3) proceedings, and

(b)any one or more of the following-

(i)other section 43(3) proceedings,

(ii)arbitral proceedings related to the proceedings mentioned in paragraph (a), and

(iii)arbitral proceedings related to section 43(3) proceedings that are to be consolidated with the proceedings mentioned in paragraph (a).

(3)A request for a direction under this paragraph may be made by the arbitrator or any of the arbitrators (as well as by a party).

(4)A direction under this paragraph must specify the terms on which the proceedings are to be consolidated or on which concurrent hearings are to be held.

(5)Where a direction under this paragraph provides for the consolidation of proceedings that do not all have the same arbitrator, the terms that may be specified in the direction include (in particular)-

(a)terms specifying the person who is to be the arbitrator in the consolidated proceedings;

(b)terms under which that person is to be determined.

(6)For the purposes of this section-

(a)"section 43(3) proceedings" means proceedings on arbitration of a difference referred under section 43(3), and

(b)arbitral proceedings are "related" to section 43(3) proceedings if-

(i)the arbitral proceedings are not section 43(3) proceedings,

(ii)at least one of the parties to the arbitral proceedings is also a party to the section 43(3) proceedings, and

(iii)the Secretary of State considers that the subject-matter of the arbitral proceedings is connected with the subject-matter of the section 43(3) proceedings.

Section 46

SCHEDULE 31Transfer schemes: further provision

Property, rights and liabilities

1(1)The property, rights and liabilities that may be the subject of a transfer scheme include in particular-

(a)rights and liabilities relating to contracts of employment;

(b)property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor;

(c)property acquired after the making of the scheme and rights and liabilities arising after the making of the scheme;

(d)rights and liabilities under an enactment.

(2)A transfer scheme may-

(a)create rights or interests in relation to property for whose transfer the scheme provides or property retained by the transferor;

(b)create rights and liabilities as between the transferor and a transferee or as between different transferees.

(3)A transfer scheme may contain provision about enforcement, by or against any one or more of the transferor and the transferee or transferees, of a right or liability for whose transfer or creation the scheme provides.

(4)A transfer scheme may define the property, rights and liabilities to be transferred or property to be retained by the transferor-

(a)by specifying it or them;

(b)by describing it or them.

(5)A description of property, rights or liabilities may be framed in particular-

(a)by reference to the transferor's undertaking;

(b)by reference to a specified part of that undertaking.

2The power under section 46 to make a scheme for the transfer of any property from one person (A) to another (B) may be exercised instead so as to make a scheme for the creation by A in favour of B of an interest in or right in relation to the property.

Transfer of employees and continuity of employment

3(1)This paragraph applies where rights, powers, duties and liabilities relating to a person's contract of employment are transferred in accordance with a transfer scheme.

(2)The transfer does not break the continuity of the person's employment, and accordingly-

(a)the person is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by virtue of the transfer, and

(b)the person's period of employment with the transferor counts, for the purposes of that Act, as a period of employment with the transferee.

4(1)This paragraph applies where-

(a)a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, but

(b)before the transfer takes effect, the person informs the transferor or transferee that the person objects to the transfer.

(2)Those rights, powers, duties and liabilities are not transferred to the transferee.

(3)The person's contract of employment is terminated immediately before the day on which the transfer would have occurred.

(4)The person is not, for any purpose, to be regarded as having been dismissed.

(5)Nothing in this paragraph affects the person's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the person's detriment in his or her working conditions.

5(1)If a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, it may include provision with respect to the person's eligibility to become a member of a pension scheme by virtue of employment with the transferee.

(2)The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the person under-

(a)a pension scheme of which the person may become a member by virtue of employment with the transferee, or

(b)a pension scheme of which the person is a member by virtue of employment immediately before the transfer.

6Where a person holds employment in the civil service of the State on terms which do not constitute a contract of employment-

(a)the person is to be treated for the purposes of this Schedule as employed under a contract of employment,

(b)the terms of the employment in the civil service of the State are to be treated for those purposes as the terms of that contract, and

(c)the reference in paragraph 4 to dismissal is to be read as a reference to termination of the employment in the civil service of the State.

Provision for contraventions etc to be treated as not occurring

7(1)A transfer scheme may provide for a transfer to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be as a result of a provision which has effect (whether under an enactment or agreement or otherwise) in relation to-

(a)the terms on which the transferor is entitled to the property or right for whose transfer the scheme provides, or

(b)the terms on which the transferor is subject to the liability for whose transfer the scheme provides.

(2)A transfer scheme may provide for the creation of an interest in or right in relation to property to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be as a result of a provision which has effect (whether under an enactment or agreement or otherwise) in relation to-

(a)the terms on which the transferor is entitled to the property, or

(b)the terms on which a subsidiary of the transferor is entitled or subject to anything immediately before the creation of the interest or right takes effect.

8(1)This paragraph applies where a transfer scheme provides for the transfer of shares in a subsidiary of the transferor.

(2)The scheme may provide for the transfer to take effect as if there were no contravention or liability, or interference with any right or interest, that there would otherwise be as a result of a provision which has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the subsidiary is entitled or subject to anything immediately before the transfer takes effect.

Power to modify interests, rights and liabilities of third parties

9(1)A transfer scheme may modify interests, rights or liabilities of third parties in relation to anything to which the scheme relates.

(2)In sub-paragraph (1), "third party", in relation to a scheme, means a person other than the transferor or a transferee.

10(1)Where a person would (apart from this paragraph) have a qualifying entitlement in consequence of-

(a)property, rights or liabilities having been, or being likely to be, transferred under a transfer scheme,

(b)interests, rights or liabilities having been, or being likely to be, created under a transfer scheme, or

(c)anything else having been done, or being likely to be done, by or under a transfer scheme,

that entitlement is enforceable, in consequence of the circumstances mentioned in paragraph (a), (b) or (c), only to the extent specified in the scheme.

(2)In this paragraph, "qualifying entitlement", in relation to a transfer scheme, means an entitlement-

(a)to terminate, modify, acquire or claim an interest or right to which the transferor, or a subsidiary of the transferor, is entitled or subject, or

(b)to treat an interest or right to which the transferor, or a subsidiary of the transferor, is entitled or subject as modified or terminated.

Obligations to enter into agreements or execute instruments

11(1)A transfer scheme may contain provision for imposing, on the transferor or a transferee, obligations-

(a)to enter into agreements with persons specified in the scheme, or

(b)to execute instruments in favour of persons specified in the scheme.

(2)Any person may be specified by virtue of sub-paragraph (1)(a) or (b) (including the transferor or a transferee).

(3)Where a scheme contains provision for imposing an obligation of the kind mentioned in sub-paragraph (1)-

(a)the scheme must specify or describe the agreement or instrument to which the obligation relates, and

(b)the obligation may be enforced in any authorised way by the person-

(i)with whom the agreement is to be entered into, or

(ii)in favour of whom the instrument is to be executed.

(4)In sub-paragraph (3)(b), "enforced in any authorised way" means enforced-

(a)in civil proceedings for an injunction,

(b)in civil proceedings for any other appropriate remedy or relief, or

(c)in any other way authorised by the scheme.

(5)The scheme may provide that sub-paragraph (4)(a) or (b)-

(a)does not apply in relation to the obligation, or

(b)applies in relation to the obligation subject to restrictions imposed by the scheme.

Supplementary provisions of schemes

12(1)A transfer scheme may include consequential, supplementary, incidental, and transitional provision.

(2)That includes, in particular, provision-

(a)saving the effect of things done by or in relation to the transferor,

(b)for a transferee to be treated as the same person in law as the transferor,

(c)for things done by or in relation to the transferor to be treated as done by or in relation to a transferee,

(d)for things (including legal proceedings) being done by or in relation to the transferor to be continued by or in relation to a transferee, and

(e)for references in a document (other than in an enactment) to the transferor, or to an employee or office-holder of the transferor, to have effect with modifications specified in the scheme.

Effect of scheme

13(1)At the time appointed for the purpose by a transfer scheme, property, rights and liabilities for whose transfer the scheme provides are transferred in accordance with the scheme.

(2)A scheme may appoint different times for the transfer of different things.

(3)References in this paragraph to the transfer of property, rights and liabilities include references to the creation of interests, rights or liabilities under paragraph 1 or 2 (and "transferred", in relation to property, rights or liabilities, is to be read accordingly).

Modification of scheme by agreement

14(1)Where the transferor, and the transferee or transferees, under a transfer scheme so agree, the scheme is to be treated for all purposes as having been made with such modifications as may be agreed.

(2)Sub-paragraph (1) does not apply in the case of an agreement relating to rights and liabilities under a contract of employment unless the employee is a party to the agreement.

(3)Sub-paragraph (1) does not apply in the case of an agreement that adversely affects the property or rights of a person other than the transferor or a transferee unless that person is a party to the agreement.

(4)An agreement under sub-paragraph (1) may make-

(a)any provision that could have been contained in the scheme, and

(b)consequential, supplementary, incidental or transitional provision in connection with giving effect to any such provision.

(5)Provision under sub-paragraph (4) may be made so as to have effect from when the scheme was made (or any later time).

Provision of information to person making scheme

15(1)Where the Secretary of State proposes to make a transfer scheme, the Secretary of State may direct-

(a)a proposed transferor,

(b)a proposed transferee, or

(c)High Speed Two (HS2) Limited,

to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the scheme to be made.

(2)A direction under sub-paragraph (1) must specify the period (of not less than 28 days beginning with the day when the direction is given) within which the information is to be provided.

(3)If a person fails to comply with the direction, the Secretary of State may give the person a notice requiring the person-

(a)to produce to the Secretary of State, at a time and place specified in the notice, any documents which are specified or described in the notice and are in the person's custody or control, or

(b)to provide to the Secretary of State, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(4)No person may be required under sub-paragraph (3)-

(a)to produce a document which the person could not be compelled to produce in civil proceedings in the High Court, or

(b)to provide information which the person could not be compelled to give in evidence in such proceedings.

(5)If a person fails to comply with a notice under sub-paragraph (3), the High Court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.

(6)Any order under sub-paragraph (5) may include provision requiring all the costs and expenses of and incidental to the application to be borne by one or more of-

(a)the person in default, and

(b)any officers of a body corporate or other association who are responsible for its default.

(7)In this paragraph, a reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

Agreements relating to schemes

16The Secretary of State may by agreement fetter the exercise of his or her discretion relating to his or her powers under this Schedule.

Power to make provision about tax consequences of schemes

17(1)The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to-

(a)any property, rights or liabilities transferred in accordance with a transfer scheme, or

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with a transfer scheme.

(2)The provision that may be made under sub-paragraph (1)(a) includes, in particular, provision for-

(a)a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

(b)any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

(3)The provision that may be made under sub-paragraph (1)(b) includes, in particular, provision for-

(a)a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or to be treated in a specified way;

(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

(4)Regulations under this paragraph may make-

(a)supplementary, incidental or consequential provision;

(b)different provision for different purposes.

(5)In this paragraph-

(a)"relevant tax" means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;

(b)"tax provision" means a provision of an enactment about a relevant tax.

(6)References in this paragraph to the transfer of property, rights or liabilities, in accordance with a transfer scheme include references to-

(a)the creation of interests, rights or liabilities under paragraph 1, 2 or 11, and

(b)the modification of interests, rights or liabilities under paragraph 9,

(and "transferred", in relation to property, rights or liabilities, is to be read accordingly).

(7)Regulations under this paragraph must be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of the House of Commons.

Interpretation

18(1)In this Schedule-

(2)References in this Schedule to a right or entitlement include references to an entitlement to exercise a right (and references to a right's arising include references to its becoming exercisable).

Section 47

SCHEDULE 32Extension of planning permission for statutory undertakers

Case where planning permission extended

1(1)Article 3(10) of the General Permitted Development Order (which excepts development requiring an environmental assessment from the general planning permission granted by that Order) does not apply to development which-

(a)falls within a class of development described as permitted development in a provision of Schedule 2 to that Order that is listed in sub-paragraph (2), and

(b)is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill.

(2)The provisions of Schedule 2 to the General Permitted Development Order that are referred to in sub-paragraph (1)(a) are-

(3)References in sub-paragraph (2) to particular provisions of the General Permitted Development Order include references to the corresponding provisions of any order replacing that Order.

(4)In this paragraph, "the General Permitted Development Order" means the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).

Condition of extended planning permission

2(1)Planning permission granted by virtue of paragraph 1 is subject to the condition that development is carried out in accordance with such requirements as the Secretary of State may by notice to the developer specify for the purpose of-

(a)avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which the High Speed Rail (London - West Midlands) Bill was committed, or

(b)securing that the environmental effects of carrying out the development are not materially different from those envisaged by the statement by virtue of which paragraph 1(1)(b) applies.

(2)The power conferred under sub-paragraph (1) is exercisable after, as well as before, development is commenced.

(3)The power conferred under sub-paragraph (1) includes power, exercisable in the same manner, to vary or revoke a notice under that sub-paragraph.

(4)The condition imposed by sub-paragraph (1) is in addition to any condition to which the planning permission may be subject apart from this paragraph.

Controls on proposed development

3(1)Where-

(a)it appears to the Secretary of State that a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a), and

(b)the Secretary of State is of the opinion that the proposed development is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill,

the Secretary of State may give notice of that opinion to the proposed developer.

(2)The power conferred under sub-paragraph (1) includes power, exercisable in the same manner, to withdraw a notice under that sub-paragraph.

(3)Where a notice under sub-paragraph (1) has been given (and not withdrawn), paragraph 1 is to be treated as not applying to the carrying out of the development by the proposed developer.

4(1)Where it appears to the Secretary of State that-

(a)a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a),

(b)the development is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill, and

(c)it is necessary or desirable to do so for the purpose of avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which that Bill was committed,

the Secretary of State may by notice to the proposed developer disapply paragraph 1(1) in relation to the carrying out of the development by that person.

(2)The power conferred under sub-paragraph (1) includes power, exercisable in the same manner, to revoke a notice under that sub-paragraph.

Notices

5(1)A notice under this Schedule must-

(a)specify the person to whom it is given,

(b)specify the development to which it relates,

(c)explain the reasons for it, and

(d)in the case of a notice under paragraph 3, explain its effect.

(2)The Secretary of State must, when giving a notice under this Schedule, give a copy to the unitary authority or, in a non-unitary area, the district council in whose area the development is or is to be carried out.

(3)But where-

(a)the unitary authority for the purposes of sub-paragraph (2) is a London borough council, and

(b)as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for the area where the development is or is to be carried out,

the Secretary of State must give a copy of the notice to the Mayoral development corporation instead of the London borough council.

Mayoral development corporations: regulations

6(1)The Secretary of State may make regulations modifying the operation of this Schedule-

(a)in consequence of an order under section 198(2) of the Localism Act 2011 giving effect to a decision under section 204(2) of that Act (decision removing or restricting planning functions), or

(b)to make transitional provision relating to-

(i)an order mentioned in paragraph (a),

(ii)a Localism Act TCPA order, or

(iii)an order under section 217 of the Localism Act 2011 (order dissolving Mayoral development corporation).

(2)Regulations under this paragraph-

(a)must be made by statutory instrument;

(b)may make different provision for different purposes.

(3)A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 48

SCHEDULE 33Protective provisions

Part 1Highways and traffic

1(1)The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned.

(2)In this Part-

(3)Part 3 of the New Roads and Street Works Act 1991 does not apply in relation to any matter which is regulated by this Part.

2Wherever in this Part provision is made with respect to the approval or consent of the highway authority, that approval or consent must be in writing and subject to such reasonable terms and conditions as the highway authority may require, but must not be unreasonably withheld.

3In exercising the powers conferred by this Act in relation to any highway the nominated undertaker must-

(a)have regard to the potential disruption of traffic which may be caused, and

(b)seek to minimise such disruption so far as is reasonably practicable.

4(1)This paragraph applies to the construction of any tunnel, subway or other structure authorised by this Act under and within 8 metres of the surface of any highway which comprises a carriageway.

(2)The nominated undertaker must not, without the consent of the highway authority, carry out works to which this paragraph applies except in accordance with plans submitted to, and approved by, the highway authority.

(3)If, within 28 days after such plans have been submitted, the highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted.

(4)This paragraph does not apply to street works within the meaning of Part 3 of the New Roads and Street Works Act 1991.

5In the construction of any part of the works to which paragraph 4 applies under a highway no part of it may, except with the consent of the highway authority, be so constructed as to-

(a)interfere with the provision of proper means of drainage of the surface of the highway, or

(b)be nearer than two metres to the surface of the highway.

6(1)The provisions of this paragraph have effect in relation to, and in relation to the construction of, any new bridge, or any extension or alteration of an existing bridge, which carries-

(a)any part of the works authorised by this Act over a highway, or

(b)a highway over any part of those works.

Any such new bridge, or (as the case may be) any bridge so extended or altered, is referred to in this paragraph as "the bridge".

(2)Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker must submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as "plans") relating to the work, and the bridge must not be constructed and the works must not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.

(3)If, within 28 days after the plans have been submitted, the highway authority has not approved or disapproved them, it is to be deemed to have approved the plans as submitted.

(4)If the bridge carries any part of the works authorised by this Act over any highway-

(a)it must be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and

(b)the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.

7The nominated undertaker must-

(a)secure that so much of the works authorised by this Act as is constructed under any highway must be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and

(b)indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus in the highway, by reason of non-compliance with the provisions of this paragraph.

8(1)Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Act which-

(a)is in, over or under any highway, or

(b)which may affect any highway or any property of the highway authority,

during the carrying out of the works.

(2)The nominated undertaker must give to such officer all reasonable facilities for such inspection and, if the officer is of the opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.

9(1)The nominated undertaker must not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access to that property, without the consent of the highway authority.

(2)Any alteration, diversion, replacement or reconstruction of any such property which may be necessary must be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing must be repaid to the highway authority by the nominated undertaker.

(3)If, within 28 days after a request for consent has been submitted, the highway authority has not given or refused such consent, it is to be deemed to have consented to the request as submitted.

10The nominated undertaker must not remove any soil or material from any highway except so much as is excavated in the carrying out of the works authorised by this Act.

11(1)If the highway authority, after giving to the nominated undertaker not less than 28 days' notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in consequence of the construction of the works authorised by this Act-

(a)in the signposting of traffic diversions,

(b)in the taking of other measures in relation to those diversions, or

(c)in the repair of any highway by reason of the diversion of traffic from a road of a higher standard,

the nominated undertaker must repay to the highway authority the amount of any such expense reasonably so incurred.

(2)Sub-paragraph (3) applies in respect of an amount which, but for that sub-paragraph, would be payable to the highway authority by virtue of sub-paragraph (1) in respect of the repair of any highway.

(3)If the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), the amount payable to the highway authority must be reduced by the amount which represents that benefit.

12The nominated undertaker must not, except with the consent of the highway authority-

(a)deposit any soil or material, or store any plant, in or over a highway to which the public continues to have access so as to obstruct or render less safe the use of the highway,

(b)deposit any soils or materials on any such highway outside a hoarding,

(c)erect or retain on or over such a highway any scaffolding or other structure which obstructs the highway unless the structure comprises screening which has been approved under Schedule 17 (planning conditions),

but if within 28 days after request for it any such consent is neither given nor refused it is to be deemed to have been given.

13The nominated undertaker must, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

14(1)Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted, the nominated undertaker must-

(a)make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and

(b)maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.

(2)The reinstatement of that part of the highway must be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991.

15(1)This paragraph applies where damage to any highway or property of the highway authority on or under any highway is caused by, or results from-

(a)the construction of any work authorised by this Act, or

(b)any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work.

(2)In the case of damage to a highway, the nominated undertaker may make good such damage to the reasonable satisfaction of the highway authority.

(3)The nominated undertaker must pay compensation to the highway authority-

(a)in a case where the nominated undertaker does not make good such damage to a highway;

(b)in the case of damage to property of the highway authority.

16The fact that any act or thing may have been done in accordance with plans approved by the highway authority must not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

17(1)Any dispute arising between the nominated undertaker and the highway authority under this Part is to be determined by arbitration if-

(a)the parties agree, or

(b)the dispute relates to the amount of any sum payable under this Part,

but must otherwise be determined by a person appointed by the Secretary of State.

(2)Any person appointed by the Secretary of State under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment.

Part 2Electricity, gas, water and sewerage undertakers

18(1)The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and the undertakers concerned.

(2)In this Part-

(3)Except in paragraphs 26(3) and 27, the provisions of this Part are not to apply to any apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part 3 of the New Roads and Street Works Act 1991.

(4)The exercise of the powers under paragraphs 2 to 6 of Schedule 2 in relation to apparatus to which this Part applies is subject to paragraph 25 of this Part, and paragraphs 28 and 29 of this Part apply instead of paragraph 14 of Schedule 2 in relation to the exercise of those powers.

19(1)The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.

(2)Unless a certificate is issued by the appropriate Ministers under sub-paragraph (3) the apparatus must not be removed under this Part, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land is not to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.

(3)Where the appropriate Ministers certify in relation to any apparatus that-

(a)failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and

(b)the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,

that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.

(4)In this paragraph "appropriate Ministers" means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Business, Energy and Industrial Strategy.

20(1)This paragraph applies where-

(a)the nominated undertaker for the purpose of constructing any work authorised by this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days' written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or

(b)in consequence of the exercise of any of the powers of this Act, the undertakers reasonably require to remove any apparatus.

(2)Where it is reasonably practicable to do so, the nominated undertaker or the Secretary of State must afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and subsequently for the maintenance, repair, renewal and inspection of such apparatus.

(3)Sub-paragraph (4) applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.

(4)The undertakers must, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, as soon as reasonably possible use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State is obliged to provide such facilities and rights in the other land.

21(1)Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 20 in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, must be constructed in such manner, and in such line or situation and in accordance with such programme, as is-

(a)agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or

(b)in default of agreement, determined in accordance with paragraph 31.

(2)If the undertakers fail to comply with an agreement made under sub-paragraph (1), or with a determination under paragraph 31, they must compensate the nominated undertaker in respect of any loss or damage directly resulting from the failure, other than loss or damage arising from matters outside the reasonable control of the undertakers or loss of, or arising from delayed receipt of, operating revenue due to delayed opening of Phase One of High Speed 2.

22(1)This paragraph applies where-

(a)the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as provided under paragraph 21, and

(b)any such facilities and rights as are referred to in paragraph 20 have been granted to or obtained by the undertakers, or an undertaking has been given that such facilities or rights will be granted.

(2)The undertakers must proceed with all reasonable despatch to-

(a)construct and bring into operation the alternative apparatus, and

(b)remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part.

(3)If the undertakers fail to comply with sub-paragraph (2)(b), the nominated undertaker may remove the apparatus.

(4)Following the removal of apparatus under the provisions of this Part, or its abandonment, any rights of the undertakers relating to that apparatus in or over the land in which it was or is situated are extinguished and all responsibility of the undertakers for any apparatus which is abandoned is to cease.

23(1)This paragraph applies where the nominated undertaker gives notice to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situated in any lands-

(a)held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or

(b)held by the Secretary of State.

(2)Such work, instead of being carried out by the undertakers, must be carried out by the nominated undertaker-

(a)in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined in accordance with paragraph 31, and

(b)with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.

(3)Nothing in this paragraph authorises the nominated undertaker to carry out any connection to or disconnection of any existing apparatus or to carry out any works associated with a connection or disconnection within 600 millimetres of the point of connection or disconnection.

24(1)This paragraph applies where, in accordance with the provisions of this Part, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection of alternative apparatus on land-

(a)held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or

(b)held by the Secretary of State.

(2)Those facilities and rights must be granted upon such terms and conditions as may be-

(a)agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers, or

(b)in default of agreement, determined in accordance with paragraph 31.

(3)In determining such terms and conditions in respect of alternative apparatus, a person making a determination under paragraph 31 must have regard to any template provisions issued by the appropriate Ministers and determined in accordance with sub-paragraph (4); and must-

(a)give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of the works authorised by this Act and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and

(b)have regard to the undertakers' ability to fulfil their service obligations.

(4)For the purposes of determining the matters under sub-paragraph (3) the appropriate Ministers must consult the undertakers to which paragraph 24 may apply on the form of the proposed template provisions, and any objections to the form of those provisions which have not been resolved within six months after this Act comes into force must be referred to an independent person acting as an expert appointed to make a final determination as to the form of the template provisions.

(5)The independent person making a determination under sub-paragraph (4) is to be appointed by the President of the Royal Institution of Chartered Surveyors and in making that determination that person must have regard to the matters specified in sub-paragraph (3)(a) and (b).

(6)If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, compensation must be paid to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect of the difference as is reasonable having regard to all the circumstances of the case.

(7)In this paragraph "the appropriate Ministers" means the Secretary of State for Transport acting jointly with the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Business, Energy and Industrial Strategy.

25(1)Not less than 28 days before commencing to construct any work authorised by this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 20, the nominated undertaker must submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.

(2)The work must be constructed only in accordance with the plan and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access to the apparatus, and the undertakers are to be entitled by their officer to watch and inspect the construction of the work.

(3)If the undertakers within 14 days after the submission to them of any such plan and description, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part has effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 20.

(4)Nothing in sub-paragraphs (1) to (3) precludes the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description of it in lieu of the plan and description previously submitted, and having done so the provisions of those sub-paragraphs apply to and in respect of the new plan and description.

(5)The nominated undertaker is not required to comply with sub-paragraphs (1) to (3) in a case of emergency but in such a case it must give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable subsequently, and must comply with those sub-paragraphs so far as reasonably practicable in the circumstances.

26(1)If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the nominated undertaker must, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.

(2)The nominated undertaker must, so far as is reasonably practicable, so exercise its powers under paragraphs 2 to 6 of Schedule 2 as not to obstruct or render less convenient the access to any apparatus.

(3)Notwithstanding the temporary stopping up or diversion of any highway under paragraph 6 of Schedule 4, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.

27Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph is to affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part or the power of the nominated undertaker to construct works in accordance with paragraph 25.

28(1)Subject to the following provisions of this paragraph, the nominated undertaker must repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with-

(a)the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part,

(b)the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under this Act, and

(c)any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.

(2)The value of any apparatus removed under the provisions of this Part is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3)Sub-paragraph (4) applies where, in pursuance of the provisions of this Part-

(a)alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or

(b)apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated.

(4)If 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 nominated undertaker or, in default of agreement, is not determined to be necessary in accordance with paragraph 31, then, if it involves cost in the construction of works under paragraph 23 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 sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) is to be reduced by the amount of that excess

(5)For the purposes of sub-paragraphs (3) and (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 except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by 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 the undertakers in respect of works by virtue of this paragraph must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven and a half years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.

(7)In any case where work is carried out by the nominated undertaker pursuant to paragraph 23 and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (6), the undertakers must pay to the nominated undertaker such sum as represents the amount of that reduction.

29(1)This paragraph applies where, by reason of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided by any of the undertakers

(2)Subject to sub-paragraphs (3) and (4), the nominated undertaker must-

(a)bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply

(b)make reasonable compensation to the undertakers for loss sustained by them by reason of any such damage or interruption, and

(c)indemnify the undertakers against claims, demands, proceedings, and damages which may be made or taken against, or recovered from the undertakers by reason of any such damage or interruption.

(3)Nothing in sub-paragraph (2) is to impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.

(4)The undertakers must give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand must be made without the consent of the nominated undertaker which, if it withholds such consent, must have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

30In any case where Network Rail Infrastructure Limited ("Network Rail") is the nominated undertaker the provisions of this Part have effect subject to any existing agreement between Network Rail and an undertaker relating to apparatus laid or erected on land belonging to Network Rail.

31(1)Any dispute arising between the nominated undertaker and the undertakers under this Part is to be determined by arbitration if-

(a)the parties agree, or

(b)the dispute relates to the amount of any sum payable under this Part,

but otherwise is to be determined by a person appointed by the appropriate Ministers.

(2)Any person appointed by the appropriate Ministers under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment.

(3)The costs and fees of the person determining the dispute and the costs of the parties to the dispute are to be allocated between the parties as that person may direct.

(4)In this paragraph "the appropriate Ministers" means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy and Climate Change.

Part 3Electronic communications code networks

32(1)The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and an operator of an electronic communications code network.

(2)In this Part-

33(1)Subject to sub-paragraph (2), paragraph 23 of the electronic communications code applies for the purposes of the authorised works.

(2)Paragraphs 21 and 23 of the electronic communications code do not apply for the purposes of the authorised works-

(a)insofar as such works are regulated by the New Roads and Street Works Act 1991 or any regulation made under that Act,

(b)where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the Town and Country Planning Act 1990 or under an order made under that section to remove electronic communications apparatus, or

(c)in respect of any matter regulated by sub-paragraphs (3) to (8) of paragraph 35.

34The temporary stopping up or diversion of any highway under paragraph 6 of Schedule 4 does not affect any right of an operator under paragraph 9 of the electronic communications code in respect of any apparatus which at the time of the stopping up or diversion is in the highway.

35(1)Where a highway is stopped up under paragraph 2 or 3 of Schedule 4, any operator of an electronic communications code network whose electronic communications apparatus is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but this is subject to sub-paragraph (2).

(2)Nothing in sub-paragraph (1) affects any right of the nominated undertaker or the operator to require removal of that apparatus under this Part or the power of the nominated undertaker to alter or remove apparatus in accordance with paragraph 23 of the electronic communications code.

(3)The nominated undertaker must give not less than 28 days' notice of its intention to stop up any highway under paragraph 2 or 3 of Schedule 4 to any operator of an electronic communications code network whose apparatus is under, over, in, on, along or across the highway.

(4)Where a notice under sub-paragraph (3) has been given, the operator, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and if reasonably requested so to do by the nominated undertaker in the notice, must, as soon as reasonably practicable after the service of the notice-

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

(b)provide other apparatus in substitution for the existing apparatus and place it in such other position as described in paragraph (a).

(5)Subject to the following provisions of this paragraph the nominated undertaker must pay to any operator of an electronic communications code network an amount equal to the cost reasonably incurred by the operator in or in connection with-

(a)the execution of relocation works required in consequence of the stopping up of the highway, and

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

(6)Sub-paragraph (7) applies where-

(a)in the course of the execution of relocation works under sub-paragraph (4)-

(i)apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or

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

(b)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 nominated undertaker, or, in default of agreement, is not determined to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the electronic communications code network of the operator.

(7)If the execution of the relocation works involves cost 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 operator by virtue of sub-paragraph (5) is to be reduced by the amount of that excess.

(8)For the purposes of sub-paragraphs (6) and (7)-

(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 except in a case where the apparatus as so extended provides more than an equivalent service, 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 (in either case of such type, capacity and dimensions as is reasonably appropriate) is to be treated as if it also had been agreed or had been so determined.

(9)The amount which apart from this sub-paragraph would be payable to an operator in respect of works by virtue of sub-paragraph (5) (and having regard, where it applies, to sub-paragraph (7)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven and a half years earlier so as to confer on the operator 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.

(10)Sub-paragraphs (5) to (9) do not apply where the authorised works constitute major transport works or major highway works for the purpose of Part 3 of the New Roads and Street Works Act 1991 (including that provision as applied by paragraph 8 of Schedule 4 to this Act), but instead-

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

(b)the allowable costs are to be borne by the nominated undertaker and the operator in such proportions as may be prescribed by any such regulations.

36(1)Where the nominated undertaker or the Secretary of State affords to an operator facilities and rights for the construction, maintenance, repair, renewal and inspection of alternative apparatus on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, those facilities and rights must be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the operator or, in default of agreement, determined in accordance with paragraph 39.

(2)In determining such terms and conditions, a person making a determination under paragraph 39 must have regard to any template provisions issued by the appropriate Ministers and determined in accordance with sub-paragraph (3); and must-

(a)give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same; and

(b)have regard to the operator's ability to fulfil its service obligations.

(3)For the purposes of determining the matters under sub-paragraph (2) the appropriate Ministers must consult the operators to which paragraph 36 may apply on the form of the proposed template provisions, and any objections to the form of those provisions which have not been resolved within six months after this Act comes into force must be referred to an independent person acting as an expert appointed to make a final determination as to the form of the template provisions.

(4)The independent person making a determination under sub-paragraph (3) is to be appointed by the President of the Royal Institution of Chartered Surveyors and in making that determination that person must have regard to the matters specified in sub-paragraph (2)(a) and (b).

(5)If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are more or less favourable on the whole to the operator than the facilities, rights, terms and conditions applying to the apparatus to be removed, compensation must be paid to or by the nominated undertaker or the Secretary of State to or by the operator in respect of the difference as is reasonable having regard to all the circumstances of the case.

37(1)Sub-paragraph (2) applies where, by reason of the construction of the authorised works or any subsidence resulting from any of those works-

(a)damage is caused to any electronic communications apparatus, other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works,

(b)damage is caused to property of the operator of an electronic communications code network, or

(c)there is any interruption in the supply of the service provided by the operator.

(2)The nominated undertaker must-

(a)bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply,

(b)make reasonable compensation to the operator for loss sustained by it, and

(c)indemnify the operator against all claims, demands, proceedings, or damages which may be made or taken against, or recovered from, the operator, by reason of any such damage or interruption.

But this is subject to sub-paragraphs (3) to (5).

(3)Sub-paragraph (2) does not apply in connection with any apparatus in respect of which the relations between the nominated undertaker and the operator are regulated by the provisions of Part 3 of the New Roads and Street Works Act 1991.

(4)Nothing in sub-paragraph (2) is to impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the operator, its officers, servants, contractors or agents.

(5)The operator must give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the nominated undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(6)This paragraph applies instead of paragraph 14 of Schedule 2 in relation to the exercise of the powers of paragraphs 2 to 6 of that Schedule.

38In any case where Network Rail Infrastructure Limited ("Network Rail") is the nominated undertaker the provisions of this Part have effect subject to any existing agreement between Network Rail and an operator relating to apparatus laid or erected on land belonging to Network Rail.

39(1)Any dispute arising between the nominated undertaker and an operator under this Part is to be determined by arbitration if-

(a)the parties agree, or

(b)the dispute relates to the amount of any sum payable under this Part,

but is otherwise to be determined by a person appointed by the appropriate Ministers.

(2)Any person appointed by the appropriate Ministers under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment.

(3)The costs and fees of the person determining the dispute and the costs of the parties to the dispute are to be allocated between the parties as that person may direct.

Part 4Canal & River Trust

40(1)The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and Canal & River Trust.

(2)In this Part-

41The Secretary of State must not under the powers under section 4(1) acquire compulsorily any land of Canal & River Trust or any easement or other right over such land other than such land, or easements or other rights, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of works authorised by this Act having regard also to the statutory duties of Canal & River Trust.

42(1)Before beginning to construct any specified work, the nominated undertaker must submit to Canal & River Trust plans of the work and such further particulars available to it as Canal & River Trust may within 14 days of the submission of the plans reasonably require.

(2)Any specified work must not be constructed except in accordance with such plans as may be approved in writing by Canal & River Trust or determined under paragraph 50.

(3)Any approval of Canal & River Trust required under this paragraph must not be unreasonably withheld and-

(a)is to be deemed to have been given if it is neither given nor refused (with an indication of the grounds for refusal) within 28 days of the submission of the plans for approval or where further particulars are submitted under paragraph 42(1), within 28 days of the submission of those particulars; and

(b)may be given subject to such reasonable requirements as Canal & River Trust may make for the purpose of ensuring the safety or stability of the canal, including requirements as to the construction of protective works.

43(1)Any specified work, and any protective works required by Canal & River Trust under paragraph 42(3)(b), must be constructed with all reasonable despatch to the reasonable satisfaction of Canal & River Trust, and in such manner as to cause as little damage to the canal as may be reasonably practicable and as little interference as may be reasonably practicable with the passage of vessels using the canal and use of the towpath, and Canal & River Trust is to be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect the construction of such work or works.

(2)The nominated undertaker must give to Canal & River Trust not less than 28 days' notice of its intention to commence construction of any specified work or any protective works and also, except in emergency (when the nominated undertaker is to give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of any specified work insofar as such works of repair or maintenance affect or interfere with the canal.

44(1)The nominated undertaker must not deposit any polluting material on, in or over the canal and must not without the consent of Canal & River Trust-

(a)deposit any other materials on, in or over the canal (other than materials comprised in a specified work); or

(b)notwithstanding anything in this Act, discharge any water directly or indirectly into the canal.

(2)Any consent of Canal & River Trust required under this paragraph is not to be unreasonably withheld and-

(a)is to be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request for it; and

(b)may be given subject to such reasonable requirements as Canal & River Trust may make-

(i)in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and

(ii)in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by Canal & River Trust in disposing of the water so discharged, being expenses which Canal & River Trust would not have incurred but for the discharge.

45In its application to the discharge of water into the canal, paragraph 8(5) of Schedule 2 has effect subject to the terms of any conditions attached to the consent under paragraph 44(2) and, where such discharge includes a deposit to which consent has been given under paragraph 44(1), to any conditions attached to that consent.

46(1)If as a result of the construction of any specified work any part of the towpath or access way beside the canal, or any public right of way giving access to that path or way, is temporarily closed to pedestrians or cyclists and there is no way which provides a reasonable alternative, the nominated undertaker must, so far as reasonably practicable and to the extent that it is consistent with safety, provide a substitute path or paths for such time as the closure continues.

(2)This paragraph is without prejudice to the requirements of paragraph 6(2) or (5) of Schedule 4.

47(1)If any canal work is abandoned, Canal & River Trust may by notice require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as Canal & River Trust reasonably requires) to restore the site to its former condition.

(2)If any canal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation, Canal & River Trust may by notice require the nominated undertaker to take such reasonable steps as may be specified in the notice-

(a)to repair and restore the work or part of it, or

(b)if the nominated undertaker so elects, to remove the work and (to such extent as Canal & River Trust reasonably requires) to restore the site to its former condition.

(3)If-

(a)a work which consists of a canal work and a non-canal work is abandoned or falls into decay; and

(b)the non-canal work is in such a condition as to interfere with the right of navigation in the relevant canal or as to interfere with the rights of access or use of land adjacent to the relevant canal,

Canal & River Trust may include the non-canal work, or any part of it, in any notice under this paragraph.

(4)If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, Canal & River Trust may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the nominated undertaker.

(5)In this paragraph "canal work" means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is in or over a canal owned or managed by Canal & River Trust and "non-canal work" means so much of any such work as is not in or over a canal.

48(1)The nominated undertaker must indemnify Canal & River Trust from all claims, demands, proceedings or damages, which may be made or given against, or recovered from Canal & River Trust by reason of any damage to the canal which is caused by the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage.

(2)Canal & River Trust must give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the nominated undertaker which, if it notifies Canal & River Trust that it desires to do so, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

49(1)Nothing in paragraph 48 is to impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of Canal & River Trust, its officers, servants, contractors or agents.

(2)But the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by Canal & River Trust, or to its satisfaction, or in accordance with a determination under paragraph 50, does not (in the absence of negligence on the part of Canal & River Trust, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part.

50(1)Any dispute arising between the nominated undertaker and Canal & River Trust under this Part of this Schedule is to be determined by arbitration if-

(a)the parties agree, or

(b)the dispute relates to the amount of any sum payable under this Part,

but must otherwise be determined by a person appointed by the appropriate Ministers.

(2)Any person appointed by the appropriate Ministers under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment.

(3)In this paragraph, the reference to the appropriate Ministers is to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs acting jointly.

Part 5Land drainage, flood defence, water resources and fisheries

51(1)The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker and the drainage authority concerned.

(2)In this Part-

(3)Where any approval is required under this Part from a local drainage authority, that authority must-

(a)have regard, in imposing any conditions or requirements, to any model conditions issued by the Agency (following consultation with the other drainage authorities and the nominated undertaker);

(b)consult the Agency in any case where it proposes to impose conditions or requirements, or to refuse approval, and must specifically seek the Agency's advice concerning any proposal to depart from the model conditions;

(c)provide the nominated undertaker with reasons and supporting evidence in any case where it gives a decision which does not accord with the view or advice of the Agency given in response to consultation under paragraph (b).

52(1)Before beginning to construct any specified work, the nominated undertaker must submit to the drainage authority plans of the work and such further particulars available to it as the drainage authority 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 drainage authority, or determined under paragraph 61.

(3)Any approval of the drainage authority required under this paragraph-

(a)must not be unreasonably withheld,

(b)is to be deemed to have been given if it is neither given nor refused within 56 days of the submission of the plans for approval or where further particulars are submitted under sub-paragraph (1), within 56 days of the submission of those particulars, and

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

53The requirements which the drainage authority may make under paragraph 52 include conditions requiring the nominated undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) 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 the specified work.

54(1)Any specified work, and all protective works required by the drainage authority under paragraph 52, must be constructed to the reasonable satisfaction of the drainage authority and an officer of the drainage authority is entitled on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.

(2)The nominated undertaker must give to the drainage authority not less than 14 days' notice of its intention to commence construction of any specified work and notice of its completion not later than 7 days after the date on which it is brought into use.

(3)If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part, the drainage authority may by notice require the nominated undertaker at the nominated undertaker's own expense to comply with the requirements of this Part or (if the nominated undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld) 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 drainage authority reasonably requires.

(4)Subject to sub-paragraph (5), 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 nominated undertaker, 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 drainage authority may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the nominated undertaker.

(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 drainage authority must not, except in an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

55(1)Subject to sub-paragraph (5) the nominated undertaker 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 and on land held by the nominated undertaker for the purposes or in connection with the specified works, whether the drainage work is constructed under this Act or is already in existence.

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

(3)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 nominated undertaker, the nominated undertaker 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 drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the nominated undertaker.

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

(5)This paragraph does not apply to-

(a)drainage works which are vested in the drainage authority, or which the drainage authority or another person is under an obligation to maintain and is not prescribed by the powers of the Act from doing so;

(b)any obstruction of a drainage work for the purpose of a work or operation authorised by the Act and carried out in accordance with the provisions of this Part.

56(1)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 work is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by the nominated undertaker to the reasonable satisfaction of the drainage authority and if the nominated undertaker fails to do so, the drainage authority may make good the same and recover from the nominated undertaker the expense reasonably incurred by it in doing so.

(2)In any case where immediate action by the drainage authority is reasonably required in order to secure that the imminent flood risk is avoided or reduced, the drainage authority may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the drainage authority has taken, or commenced to take, the steps specified in the notice.

(3)Nothing in paragraphs 54, 55 or 56 authorises the drainage authority to execute works on or affecting an operational railway without the prior consent in writing of the nominated undertaker, such consent not to be unreasonably withheld.

57(1)The nominated undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.

(2)If by reason of-

(a)the construction of any specified work, or

(b)the failure of any such work,

damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the nominated undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.

(3)If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the nominated undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from the nominated undertaker the expense reasonably incurred by it in doing so.

(4)In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to a fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

58(1)The nominated undertaker must indemnify the drainage authority from all claims, demands, proceedings or damages, which may be made or taken against, or recovered from the drainage authority by reason of-

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

(b)any damage to a fishery,

(c)any raising or lowering of the water table in land adjoining the works authorised by this Act or adjoining any sewers, drains and watercourses, or

(d)any flooding or increased flooding of any such lands,

which is caused by, or results from, the construction of any specified work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work.

(2)The drainage authority must give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the nominated undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

59Nothing in paragraph 58 requires the nominated undertaker to indemnify the drainage authority in respect of any claim, demand, proceedings or damages which the drainage authority could reasonably make, take against or recover from any other person.

60The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any determination under paragraph 51, does not (in the absence of negligence on the part of the drainage authority, its officers, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part.

61Any dispute arising between the nominated undertaker and the drainage authority under this Part is to be determined by arbitration.


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