Paragraph 4 I1

The undertaker shall not exercise the powers conferred by article 20 (protective works to buildings and structures), 21 (Remedial work to buildings and structures) and 22 (authority to survey and investigate the land) or 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.

The undertaker shall 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.

The undertaker shall not exercise the powers conferred by article 42 (statutory undertakers) or sections 271 or 274 of the 1990 Act, as applied by article 42 to this Order, in relation to railway property.

The undertaker shall not under the powers of this Order enter upon, acquire or use, extinguish or acquire new rights over any railway property except with the consent of Network Rail.

The powers under paragraphs (1) to (3) of article 57 (Amendment of local legislation) to this Order shall not apply in respect of any—

which make any provision applying to railway property (including, but not limited to, provisions applying to the construction, maintenance, operation, alteration, replacement, improvement or protection of railway property) or any functions, obligations or rights exercisable by Network Rail.

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

Without prejudice to paragraph (5) the undertaker shall enter into an asset protection agreement prior to the commencement of the construction of any part of the authorised project.