Paragraph 4 InterpretationI1

England, Wales and Scotland

(1)

The promoter must not exercise the powers conferred by—

(a)

article 16 (discharge of water);

(b)

article 17 (authority to survey and investigate the land);

(c)

article 19 (compulsory acquisition of land);

(d)

article 22 (compulsory acquisition of rights);

(e)

article 25 (acquisition of subsoil only);

(f)

article 28 (temporary use of land for carrying out the authorised development);

(g)

article 29 (temporary use of land for maintaining the authorised development);

(h)

article 30 (statutory undertakers);

(i)

article 35 (felling or lopping of trees and removal of hedgerows);

(j)

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.

(2)

The promoter 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 promoter must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, or article 30 (statutory undertakers), 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 promoter must not under the powers of this Order acquire or use or acquire new rights over any railway 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.

Annotations

Commencement

I1: Sch. 8 Pt. 6 para. 4 in force at 10.3.2022, see art. 1