The London Underground (Northern Line Extension) Order 2014

Made: 24th November 2014

Coming into force: 15th December 2014

The Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11 and 15 to 17 of Schedule 1 to the 1992 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the London Underground (Northern Line Extension) Order 2014 and comes into force on 15th December 2014.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00003];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00004];

• “the 1968 Act” means the Port of London Act 1968[^f00005];

• “the 1980 Act” means the Highways Act 1980[^f00006];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00007];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00008];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00009];

• “the 2004 Act” means the Traffic Management Act 2004[^f00010];

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00011];

• “address” includes any number or address used for the purposes of electronic transmission;

• “the authorised railway” means the railway forming part of the authorised works;

• “the authorised works” means the scheduled works and any other works or operations authorised by this Order, or any part of them;

• “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in the 1980 Act;

• “cycle track” has same meaning as in the 1980 Act;

• “the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

• “the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form;

• “footway” has the same meaning as in the 1980 Act;

• “the Harbour Master” means a person appointed by the Port of London Authority to be a harbour master and includes the harbour master’s deputies and assistants;

• “highway” and “highway authority” have the same meaning as in the 1980 Act;

• “the limits of deviation” means the various limits of deviation for the scheduled works shown on the deposited plans and the limits mentioned in article 5(1)(b) (power to deviate);

• “the limits of land for protective works” means the limits so shown and described on the deposited plans;

• “the limits of land to be used only temporarily” means the limits so shown and described on the deposited plans;

• “LUL” means London Underground Limited (company registration number 01900907), whose registered office is Windsor House, 42 – 50 Victoria Street, London SW1H 0TL;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” is to be construed accordingly;

• “mean high water level” means the level which is halfway between mean high water springs and mean high water neaps;

• “mooring” means any buoy, pile, pontoon, chain or other apparatus used for the mooring of vessels;

• “the Order limits” means the limits of deviation, the limits of land for protective works and the limits of land to be used only temporarily;

• “owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981[^f00012];

• “parking place” has the same meaning as in section 32 of the 1984 Act;

• “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority or a harbour authority within the meaning of the Harbours Act 1964[^f00013];

• “the river area” means so much of the bed, waters, foreshore, banks and walls of the River Thames as is comprised in the lands in the London Borough of Wandsworth numbered 10005 and 10006 on the deposited plans;

• “the scheduled works” means the works and operations specified in Schedule 1 (scheduled works) or any part of them;

• “street” includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “the tribunal” means the Lands Chamber of the Upper Tribunal; and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent), except a public sewer or drain.

• (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface.

• (3) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

• (4) References in this Order to numbered plots are references to plot numbers shown on the deposited plans.

• (5) References in this Order to points identified by letters and numbers are to be construed as references to the points marked on the deposited plans.

• (6) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands are approximate, and distances between points on a scheduled work are taken to be measured along the scheduled work.

Application, modification and exclusion of legislative provisions relating to street works

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• (1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major transport works if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

• (b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64[^f00014] of the 1980 Act (dual carriageways and roundabouts) or section 184 of that Act (vehicle crossings).

• (2) In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major transport works by virtue of paragraph (1), to be construed as references to LUL.

• (3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

• section 56 (directions as to timing);

• section 56A (power to give directions as to placing of apparatus);

• section 58 (restrictions following substantial road works);

• section 58A (restriction on works following substantial street works);

• section 73A (power to require undertaker to re-surface street);

• section 73B (power to specify timing etc. of re-surfacing);

• section 73C (materials, workmanship and standard of re-surfacing);

• section 78A (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A (restriction on works following substantial street works).

• (4) The provisions of the 1991 Act mentioned in paragraph (5) which, together with other provisions of that Act, apply in relation to the execution of street works and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by LUL under the powers conferred by article 10 (temporary stopping up and diversion of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

• (5) The provisions of the 1991Act[^f00015] referred to in paragraph (4) are—

• section 54[^f00016] (advance notice of certain works) subject to paragraph (6);

• section 55[^f00017] (notice of starting date of works) subject to paragraph (6);

• section 57[^f00018] (notice of emergency works);

• section 59[^f00019] (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 76 (liability for cost of temporary traffic regulation);

• section 77 (liability for cost of use of alternative route), and

all such other provisions as apply for the purposes of the provisions mentioned above.

• (6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were references to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

PART 2 — WORKS PROVISIONS

Principal powers

Power to construct and maintain works

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• (1) LUL may construct and maintain the scheduled works.

• (2) Subject to article 5 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

• (3) Subject to paragraph (6), LUL may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

• (a) works required for the strengthening, improvement, repair or reconstruction of any street;

• (b) works for the strengthening, alteration or demolition of any building;

• (c) works to erect and construct offices, head houses and other buildings, machinery, apparatus, works and conveniences;

• (d) railway electrification and signalling works;

• (e) station services and finishes;

• (f) means of access, including footpaths;

• (g) retaining walls, wing walls, shafts, drainage works and culverts;

• (h) works to remove or alter the position of any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights;

• (i) works to alter the course of, or otherwise interfere with, watercourses;

• (j) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works;

• (k) facilities and works for the benefit or protection of land or premises affected by the authorised works; and

• (l) the felling of trees.

• (4) Subject to paragraph (6), LUL may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.

• (5) LUL may remove any works constructed by it under this Order which have been constructed as temporary works or which it no longer requires.

• (6) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works—

• (a) within the Order limits; or

• (b) within the boundaries of any street abutting the Order limits or which has a junction with such a street.

• (7) The powers conferred by this article may not be exercised within the boundaries of a street outside of the Order limits without the consent of the street authority but that consent must not be unreasonably withheld.

• (8) In constructing and maintaining the scheduled works LUL may lay and install such number of railway lines, switches and crossings as may be necessary or expedient.

• (9) The following enactments do not apply to anything done under or in pursuance of this Order—

• (a) sections 70 and 73 of the 1968 Act (works not to be constructed, etc., without works licence and licensing of dredging, etc.); and

• (b) section 109 of the Water Resources Act 1991[^f00020], section 23 of the Land Drainage Act 1991[^f00021] and any byelaws made under those Acts.

• (10) Nothing in section 3 of the London Squares Preservation Act 1931[^f00022] (protection of squares) has effect in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Order with respect to works.

• (11) Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Order with respect to works.

• (12) The authorised works may be constructed and maintained under the powers conferred by this article regardless of anything contained in, or done under, Part 1 of, or Schedule 2 to, the Commons Act 2006[^f00023].

• (13)

• (a) The provisions of the 2009 Act listed in sub-paragraph (b) that relate to marine licences and the enforcement of marine licences apply in relation to any works approved by the Marine Management Organisation under paragraph 78 of Schedule 8 (protective provisions) or determined under paragraph 85 of Schedule 8. Any such approval or determination is to be treated for the purposes of the application of those provisions listed in sub-paragraph (b) as a marine licence and any requirement of such approval or determination is to be treated for those same purposes as a condition attached to a marine licence under section 71(1) of the 2009 Act.

• (b) The provisions of the 2009 Act referred to in sub-paragraph (a) are:

• (i) section 65 (requirement for a licence);

• (ii) Chapter 3 (enforcement) of Part 4 (marine licensing);

• (iii) Chapter 2 (common enforcement powers) of Part 8 (enforcement); and

• (iv) section 263 (power to require information relating to certain substances and objects),

and all other provisions of the 2009 Act that apply for the purposes of the provisions listed above.

Power to deviate

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• (1) In constructing or maintaining any of the scheduled works, LUL may—

• (a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation and within the limits of land to be used only temporarily; and

• (b) deviate vertically from the levels shown on the deposited sections—

• (i) to any extent upwards not exceeding 3 metres except in relation to the parts of the scheduled works referred to in column (1) of the table below, where the extent of permitted upwards deviation for each such part is set out in the corresponding entry in column (2) of that table; and

• (ii) to any extent downwards as may be found to be necessary or convenient.

(1) Part of scheduled work	(2) Upwards vertical deviation limit
Work No. 7 (excluding head house)	0.5 metres
Work No. 8 (shaft and adit)	0.5 metres
Work No. 8 (hatch at top of shaft)	Ground level

• (2) Without limitation on the scope of paragraph (1), in constructing or maintaining the scheduled works LUL may within the limits mentioned in paragraph (1)—

• (a) deviate from their points of commencement and termination shown on the deposited plans and the deposited sections; and

• (b) deviate from the design of any tunnel or tunnel structure shown on the deposited sections and vary the number of tunnels and tunnel structures shown on the deposited sections.

• (3) Regardless of the provisions of this article, Work No. 10 may not deviate laterally into any part of the land in the London Borough of Wandsworth numbered 10006 on the deposited plans.

Stations

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• (1) LUL may construct, maintain and operate stations on the specified lands, or on some of them, and LUL may construct, maintain and operate all necessary works and conveniences connected with those stations.

• (2) The works and conveniences referred to in paragraph (1) include the ventilation shafts shown on the deposited sections.

• (3) Nothing contained in the Covent Garden Market Act 1966[^f00024] applies to any station provided by LUL under the powers conferred by this article.

• (4) In paragraph (1) “the specified lands” means the land in the London Borough of Lambeth numbered 30331, 30332, 30341, 30355, 30369, 40014, 40017, 40105, 40110, 40115, 40120, 40135, 40140 and 40145 on the deposited plans and the land in the London Borough of Wandsworth numbered 20200, 20201, 20205, 20215 and 20235 on the deposited plans.

Streets

Power to alter layout, etc., of streets

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• (1) LUL may for the purposes of the authorised works alter the layout of any street within the Order limits and the layout of any street abutting the Order limits or which has a junction with such a street and without limitation on the scope of this power LUL may—

• (a) increase the width of the carriageway of the street by reducing the width of any kerb, footway, cycle track or verge within the street;

• (b) alter the level or increase the width of any such kerb, footway, cycle track or verge;

• (c) reduce the width of the carriageway of the street; and

• (d) carry out works for the provision, removal, suspension or alteration of parking places, loading bays, bus lanes, bus stop clearways and bus laybys.

• (2) The powers conferred by paragraph (1) in relation to any street abutting the Order limits or which has a junction with such a street must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld.

Power to keep apparatus in streets

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