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The Telford Railfreight Terminal (Donnington) Order 2005

S.I. 2005/1163 · Made 13 April 2005

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 13th April 2005

Coming into force 4th May 2005

Whereas 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 2000f1 made under sections 6, 6A, 7(3)(b) and (c) and (4), and 10 of the Transport and Works Act 1992f2 (“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;

And whereas the Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 31st March 2005;

Now, therefore, 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, 15, 16 and 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

1992 c. 42.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Consolidation Act 1845
  5. Part 2: WORKS PROVISIONS
  6. Principal powers
  7. 4Power to construct and maintain scheduled works
  8. 5Power to construct and maintain ancillary works
  9. 6Power to deviate
  10. 7Level crossings
  11. Supplemental powers
  12. 8Discharge of water
  13. 9Power to survey and investigate land
  14. Streets
  15. 10Stopping up of ways, etc.
  16. 11Ways to be provided or reconstructed
  17. 12Temporary stopping up of streets, etc.
  18. Part 3: ACQUISITION AND POSSESSION OF LAND
  19. Powers of acquisition
  20. 13Power to acquire land
  21. 14Application of Part I of Compulsory Purchase Act 1965
  22. 15Power to acquire new rights
  23. Compensation
  24. 16Disregard of certain interests and improvements
  25. Supplementary
  26. 17Acquisition of part only of certain properties
  27. 18Extinction of private rights of way
  28. 19Time limit for exercise of powers of acquisition
  29. Part 4: MISCELLANEOUS AND GENERAL
  30. Noise
  31. 20Defence to proceedings in respect of statutory nuisance
  32. Miscellaneous
  33. 21Trespass on railways, etc.
  34. 22Power to operate and use authorised works
  35. 23Powers of disposal, agreements for operation, etc.
  36. 24Application of landlord and tenant law
  37. 25Planning permission: supplementary matters
  38. 26Statutory undertakers, etc.
  39. 27For protection of specified undertakers
  40. 28For protection of Network Rail Infrastructure Limited
  41. 29For protection of Environment Agency
  42. 30Saving for Railways Act 1993
  43. 31Certification of plans, etc.
  44. 32Maintenance of approved works, etc.
  45. 33Service of notices
  46. 34Application of existing enactments
  47. 35Disclosure of confidential information
  48. 36No double recovery
  49. 37Arbitration
  50. Signature
  51. Schedule 1THE SCHEDULED WORKS
  52. Schedule 2: LEVEL CROSSINGS
  53. Parish of Hadley and Leegomery
  54. Parish of Wrockwardine Wood and Trench
  55. Schedule 3: WAYS TO BE STOPPED UP
  56. 1WAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  57. 2WAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  58. 3STREET IN WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED
  59. Schedule 4: WAYS TO BE PROVIDED OR RECONSTRUCTED
  60. 1NEW WAYS
  61. 2WAYS TO BE TEMPORARILY STOPPED UP AND RECONSTRUCTED AS FOOTPATHS/CYCLEWAYS
  62. Schedule 5ADDITIONAL LANDS WHICH MAY BE ACQUIRED OR USED
  63. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  64. Compensation enactments
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. Adaptation of the 1965 Act
  68. 3Paragraph 3
  69. 4Paragraph 4
  70. 5Paragraph 5
  71. 6Paragraph 6
  72. 7Paragraph 7
  73. 8Paragraph 8
  74. 9Paragraph 9
  75. Schedule 7: STATUTORY UNDERTAKERS, ETC.
  76. Apparatus of statutory undertakers, etc. on land acquired
  77. 1Paragraph 1
  78. Apparatus of statutory undertakers, etc. in stopping up streets
  79. 2Paragraph 2
  80. Schedule 8: PROTECTIVE PROVISIONS
  81. Part 1: PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. 8Paragraph 8
  90. 9Paragraph 9
  91. 10Paragraph 10
  92. Part 2: PROTECTION FOR CODE OPERATORS
  93. 11Paragraph 11
  94. 12Paragraph 12
  95. Part 3: PROTECTION FOR SEWERAGE UNDERTAKERS
  96. 13Paragraph 13
  97. 14Paragraph 14
  98. 15Paragraph 15
  99. 16Paragraph 16
  100. 17Paragraph 17
  101. 18Paragraph 18
  102. 19Paragraph 19
  103. Schedule 9: FOR PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Paragraph 9
  113. 10Paragraph 10
  114. 11Paragraph 11
  115. 12Paragraph 12
  116. 13Paragraph 13
  117. 14Paragraph 14
  118. 15Paragraph 15
  119. Schedule 10: FOR PROTECTION OF ENVIRONMENT AGENCY
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. 3Paragraph 3
  123. 4Paragraph 4
  124. 5Paragraph 5
  125. 6Paragraph 6
  126. 7Paragraph 7
  127. 8Paragraph 8
  128. 9Paragraph 9
  129. 10Paragraph 10
  130. 11Paragraph 11
  131. 12Paragraph 12
  132. Explanatory note