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The London Overground (Barking Riverside Extension) Order 2017

S.I. 2017/830 · Made 15 August 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Transport And Works, England

Transport, England

Made 15th August 2017

Coming into force 5th September 2017

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006f1 for an Order under sections 1 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Secretary of State caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.

The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.

Notice of the Secretary of State’s determination was published in the London Gazette on 14th August 2017.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11 and 15 to 17 of Schedule 1 to the 1992 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2013/755.

f2

1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29); section 5 was amended by S.I. 2012/1659.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application, modification and exclusion of legislative provisions relating to street works
  5. Part 2: WORKS PROVISIONS
  6. Principal powers
  7. 4Power to construct and maintain works
  8. 5Power to deviate
  9. Streets
  10. 6Power to alter layout, etc., of streets
  11. 7Power to keep apparatus in streets
  12. 8Power to execute street works
  13. 9Stopping up of streets
  14. 10Temporary stopping up and diversion of streets
  15. 11Access to works
  16. 12Agreements with street authorities
  17. 13Use of private roads for construction
  18. Supplemental powers
  19. 14Discharge of water
  20. 15Water abstraction
  21. 16Protective works to buildings
  22. 17Planning permission
  23. 18Power to survey and investigate land, etc.
  24. 19Power to lop trees overhanging the authorised works
  25. 20Obstructing construction of the authorised works
  26. Part 3: ACQUISITION AND POSSESSION OF LAND
  27. Powers of acquisition
  28. 21Power to acquire land
  29. 22Application of Part 1 of the 1965 Act
  30. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  31. 24Power to acquire new rights, etc.
  32. 25Power to acquire subsoil only
  33. 26New rights only to be acquired under or in certain lands
  34. 27Rights under or over streets
  35. Temporary possession of land
  36. 28Temporary use of land for construction of works
  37. 29Temporary use of land for maintenance of works
  38. Compensation
  39. 30Disregard of certain interests and improvements
  40. 31Set-off for enhancement in value of retained land
  41. Supplementary
  42. 32Extinction or suspension of private rights of way
  43. 33Time limit for exercise of powers of acquisition
  44. Part 4: OPERATION OF AUTHORISED WORKS
  45. 34Power to operate and use the authorised works
  46. Part 5: PROTECTIVE PROVISIONS
  47. 35Statutory undertakers, etc.
  48. 36Protection of interests
  49. Part 6: MISCELLANEOUS AND GENERAL
  50. 37Temporary traffic regulation
  51. 38Powers of disposal, agreements for operation, etc.
  52. 39Application of landlord and tenant law
  53. 40Defence to proceedings in respect of statutory nuisance
  54. 41Disclosure of confidential information
  55. 42Certification of plans, etc.
  56. 43Service of notices
  57. 44No double recovery
  58. 45Arbitration
  59. Signature
  60. Schedule 1SCHEDULED WORKS
  61. Schedule 2: STREETS TO BE STOPPED UP
  62. 1STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  63. 2STREETS TO BE TEMPORARILY STOPPED UP
  64. Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASING ENACTMENTS FOR CREATION OF NEW RIGHTS
  65. Compensation enactments
  66. 1Paragraph 1
  67. 2Paragraph 2
  68. 3Paragraph 3
  69. Application of the 1965 Act
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. 9Paragraph 9
  76. 10Paragraph 10
  77. Schedule 4ACQUISITION OF NEW RIGHTS ONLY
  78. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  79. Schedule 6LAND IN RESPECT OF WHICH ACQUISITION IS LIMITED AS REGARDS SUBSOIL
  80. Schedule 7: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. Schedule 8: PROTECTIVE PROVISIONS
  88. Part 1: PROTECTION FOR NETWORK RAIL
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. 13Paragraph 13
  102. 14Paragraph 14
  103. 15Paragraph 15
  104. 16Paragraph 16
  105. 17Paragraph 17
  106. 18Paragraph 18
  107. 19Paragraph 19
  108. 20Paragraph 20
  109. 21Paragraph 21
  110. Part 2: PROTECTION FOR THE ENVIRONMENT AGENCY
  111. 22Paragraph 22
  112. 23Paragraph 23
  113. 24Paragraph 24
  114. 25Paragraph 25
  115. 26Paragraph 26
  116. 27Paragraph 27
  117. 28Paragraph 28
  118. 29Paragraph 29
  119. 30Paragraph 30
  120. 31Paragraph 31
  121. 32Paragraph 32
  122. 33Paragraph 33
  123. Part 3: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  124. Interpretation
  125. 34Paragraph 34
  126. 35Paragraph 35
  127. On-street apparatus
  128. 36Paragraph 36
  129. Apparatus in stopped up streets
  130. 37Paragraph 37
  131. 38Paragraph 38
  132. Acquisition of land
  133. 39Paragraph 39
  134. Removal of apparatus
  135. 40Paragraph 40
  136. Facilities and rights for alternative apparatus
  137. 41Paragraph 41
  138. Retained apparatus: protection and plan approval
  139. 42Paragraph 42
  140. Expenses
  141. 43Paragraph 43
  142. Indemnity
  143. 44Paragraph 44
  144. Access
  145. 45Paragraph 45
  146. Cooperation
  147. 46Paragraph 46
  148. Exercise of safeguarding and survey powers
  149. 47Paragraph 47
  150. Arbitration
  151. 48Paragraph 48
  152. Part 4: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  153. 49Paragraph 49
  154. 50Paragraph 50
  155. 51Paragraph 51
  156. Schedule 9: TEMPORARY TRAFFIC REGULATION
  157. 1PARKING, WAITING AND LOADING BAYS
  158. 2SHUTTLE WORKING WITH TRAFFIC CONTROL
  159. 3PEDESTRIAN CROSSINGS
  160. Explanatory note