Paragraph 28

(1)

The Council must not exercise the powers conferred by—

(a)

article 4 (power to survey and investigate the land);

(b)

article 5 (discharge of water);

(c)

article 6 (felling or lopping of trees);

(d)

article 7 (closing of level crossings subject to opening of new rights of way);

(e)

article 14 (power to acquire land);

(f)

article 17 (power to acquire new rights);

(g)

article 18 (power to acquire subsoil or airspace only);

(h)

article 19 (temporary use of land in connection with the development);

(i)

article 20 (temporary use of land for access);

(j)

article 23 (extinction or suspension of private rights of way); or

(k)

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

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

(2)

The Council 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 Nexus.

(3)

The Council must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act in relation to any right of access of Nexus to railway property, but such right of access may be diverted with the consent of Nexus.

(4)

The Council 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 Nexus in respect of any third party property except with the consent of Nexus.

(5)

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