Paragraph 14

(1)

The undertaker must not exercise the powers conferred by—

(a)

article 12 (discharge of water);

(b)

article 14 (power to survey and investigate land);

(c)

article 22 (power to acquire land);

(d)

article 23 (power to acquire rights and impose restrictive covenants);

(e)

article 26 (power to acquire subsoil only);

(f)

article 28 (temporary use of land for construction of works);

(g)

article 29 (temporary use of land for maintenance of works);

(h)

article 34 (power to override easements and other rights);

(i)

article 35 (private rights over land);

(j)

article 40 (power to lop trees overhanging the authorised works and removal of hedgerows);

(k)

article 44 and Schedule 10 to the Order (statutory undertakers); or

(l)

the powers conferred by section 11(3) of the 1965 Act,

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2)

The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3)

The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, or Schedule 10 to this Order, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4)

The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

(5)

Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.