The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016

Type Statutory-Instrument
Publication 2016-11-03
State In force
Department Queen's Printer of Acts of Parliament
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(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
01/1.1 Trafford Wharf Road Northern side from a point 119 metres west of its junction with Trafford Road in an easterly direction to its junction with Trafford Road. Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
01/1.2 Trafford Wharf Road Southern side from its junction with Victoria Place in an easterly direction to its junction with Trafford Road. Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
02 & 03/1.1 Trafford Wharf Road Southern side from its junction with Churchill Way in an easterly direction to its junction with Sir Alex Ferguson Way. Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
02 & 03/1.2 Trafford Wharf Road Northern side from its junction with Churchill Way in an easterly direction to its junction with Sir Alex Ferguson Way. Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
02/1.3 Sir Alex Ferguson Way Eastern side from its junction with Trafford Wharf Road in a southerly direction to its junction with Victoria Place. Aligns the existing TRO with the proposed changes to the highway layout of the road.
02/1.4 Victoria Place Northern side from its junction with Sir Alex Ferguson Way in an easterly direction for a distance of 150 metres. To maintain vehicular flow.
02/1.5 Victoria Place Southern side from its junction with Sir Alex Ferguson Way in an easterly direction to its junction with Trafford Wharf Road. To maintain vehicular flow.
02/1.6 Waterside Eastern and southern sides from its junction with Wharfside Way in a northerly and then easterly direction to its junction with Sir Alex Ferguson Way. Aligns the existing TRO with the proposed changes to the highway layout at the south-eastern end of the road.
02/1.7 Waterside Western side from its junction with Trafford Wharf Road in a southerly direction to its junction with Wharfside Way. Aligns the existing TRO with the proposed changes to the highway layout at the south-eastern end of the road.
03 & 04/1.3 Warren Bruce Road North-west side from its junction with Trafford Wharf Road in a south-westerly direction to its junction with Village Circle. To maintain vehicular flow.
03 & 04/1.4 Warren Bruce Road South-east side from its junction with Trafford Wharf Road in a south-westerly direction to its junction with Village Circle. To maintain vehicular flow.
03/1.5 Elevator Road Eastern side from a point 242 metres north-east of its junction with Wharfside Way in a north-easterly direction to its junction with Trafford Wharf Road. Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
03/1.6 Elevator Road Western side from a point 208 metres north-east of its junction with Wharfside Way in a north-easterly direction for a distance of 30 metres. Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
04/1.1 Second Avenue Western side from a point 75 metres north of its junction with Eleventh Street in a northerly direction to its junction with Village Way. Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
04/1.2 Second Avenue Eastern side from a point 6 metres south of its junction with Tenth Street in a northerly direction to its junction with Village Way. Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
04/1.5 Third Avenue Western side from its junction with Trafford Park Road in a southerly direction to and including its cul-de-sac end. To maintain vehicular flow.
04/1.6 Third Avenue Eastern side from a point 73 metres south of its junction with Trafford Park Road in a southerly direction to and including its cul-de-sac end. Aligns the existing TRO with proposed changes to the highway layout at the southern end of the road.
06/1.5 Work No. 5 (new highway) North-east side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road. To maintain vehicular flow.
06/1.6 Work No. 5 (new highway) South-west side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road. To maintain vehicular flow.
06/1.7 Work No. 6 (new highway) North-east side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road. To maintain vehicular flow.
06/1.8 Work No. 6 (new highway) South-west side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road. To maintain vehicular flow.
06/1.9 Ashburton Road West North-east side from a point 15 metres north-west of its junction with Lyons Road in a south-easterly and southerly direction to its junction with Work No. 6. Aligns the existing TRO with the proposed changes to the highway layout at the eastern/south-eastern end of the road.
06/1.10 Ashburton Road West South-west and western side from a point 15 metres south-east of its junction with Longbridge in a south-easterly and southerly direction to its junction with Park Way. Aligns the existing TRO with the proposed changes to the highway layout at the eastern/south-eastern end of the road.
06/1.11 Ashburton Road West Eastern side from its junction with Work No. 6 in a southerly direction to its junction with Park Way. To maintain vehicular flow.
06 & 09/1.12 Westinghouse Road South-west and southern sides from a point 28 metres north of the north-east kerbline of Warren Road in a south-easterly and easterly direction to its junction with Europa Circle. Aligns the existing TRO with the proposed changes to the highway layout at the north-western end of the road.
06 & 09/1.13 Westinghouse Road North-east and northern sides from a point 28 metres north of the north-east kerbline of Warren Road in a south-easterly and easterly direction to its junction with Europa Circle. Aligns the existing TRO with the proposed changes to the highway layout at the north-western end of the road.
07/1.1 Mercury Way North-west side from a point 76 metres south-west of the south-west kerb line of Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road. To maintain vehicular flow.
07/1.2 Mercury Way South-east side from a point 141 metres south-west of its junction with Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road. To maintain vehicular flow.
  • (2) Waiting restricted to specified times:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
02/2.1 Trafford Wharf Road Northern side from its junction with Victoria Place in an easterly direction to a point 119 metres west of its junction with Trafford Road. No waiting on Match Day Controlled Hours. To provide parking facilities displaced from Wharf End.
02/2.2 Victoria Place Northern side from a point 150 metres to the east of its junction with Sir Alex Ferguson Way in an easterly direction to its junction with Trafford Wharf Road. No waiting on Match Day Controlled Hours. To provide parking facilities displaced from Wharf End.
04/2.1 Second Avenue Western side from a point 17 metres north of its junction with Eleventh Street in a northerly direction for a distance of 58 metres. No waiting on Match Day Controlled Hours except when displaying a Voucher issued by the Borough Council in accordance with the Council’s Conditions for the issuing of Parking Vouchers for the time being in force. Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
07/2.1 Mercury Way South-east side from a point 20 metres north east of its junction with Cobalt Avenue in a south-westerly direction for a distance of 168 metres. No waiting Monday to Saturday between 8am and 6pm. Aligns the existing TRO with the proposed changes to the highway layout at the south-west end of the road.
  • (3) No loading at any time:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
01/3.1 Trafford Wharf Road Northern side from a point 119 metres west of its junction with Trafford Road in an easterly direction to its junction with Trafford Road. To maintain vehicular flow.
01/3.2 Trafford Wharf Road Southern side from its junction with Victoria Place in an easterly direction to its junction with Trafford Road. To maintain vehicular flow.
02 & 03/3.1 Trafford Wharf Road Southern side from a point 63 metres west of the western kerb line of Warren Bruce Road in an easterly direction to its junction with Waterside. To maintain vehicular flow.
02 & 03/3.2 Trafford Wharf Road Northern side from a point 63 metres west of the western kerb line of Warren Bruce Road in an easterly direction for a distance of 676 metres. To maintain vehicular flow.
02/3.3 Sir Alex Ferguson Way Eastern side from its junction with Trafford Wharf Road in a southerly direction to its junction with Victoria Place. To maintain vehicular flow.
02/3.4 Victoria Place Northern side from its junction with Sir Alex Ferguson Way in an easterly direction for a distance of 150 metres. To maintain vehicular flow.
02/3.5 Victoria Place Southern side from its junction with Sir Alex Ferguson Way in an easterly direction for a distance of 103 metres. To maintain vehicular flow.
02/3.6 Waterside Eastern side from a point 79 metres north of the southern kerb line of Wharfside Way in a southerly direction to its junction with Wharfside Way. To maintain vehicular flow.
02/3.7 Waterside Western side from a point 110 metres north of the southern kerb line of Wharfside Way in a southerly direction to its junction with Wharfside Way. To maintain vehicular flow.
02/3.8 Sir Alex Ferguson Way Western side from its junction with Trafford Wharf Road in a southerly direction to its junction with Wharfside Way. To maintain vehicular flow.
03 & 04/3.3 Warren Bruce Road North-west side from its junction with Trafford Wharf Road in a south-westerly direction to its junction with Village Circle. To maintain vehicular flow.
03 & 04/3.4 Warren Bruce Road South-east side from its junction with Trafford Wharf Road in a south-easterly direction to its junction with Village Circle. To maintain vehicular flow.
03/3.5 Elevator Road Eastern side from a point 242 metres north of its junction with Wharfside Way in a northerly direction to its junction with Trafford Wharf Road. To maintain vehicular flow.
06/3.5 Work No. 5 (new highway) North-east side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road. To maintain vehicular flow.
06/3.6 Work No. 5 (new highway) South-west side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road. To maintain vehicular flow.
06/3.7 Work No. 6 (new highway) North-east side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road. To maintain vehicular flow.
06/3.8 Work No. 6 (new highway) South-west side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road. To maintain vehicular flow.
07/3.1 Mercury Way North-west side from a point 76 metres south-west of the south-west kerb line of Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road. To maintain vehicular flow.
07/3.2 Mercury Way South-east side from a point 141 metres south-west of its junction with Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road. To maintain vehicular flow.
  • (4) Loading restricted to specified times:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
02/4.1 Trafford Wharf Road Northern side from its junction with Victoria Place in an easterly direction to a point 119 metres west of its junction with Trafford Road. No loading except Taxis on Match Day Controlled Hours. To provide a temporary taxi rank displaced from Sir Alex Ferguson Way.
02/4.2 Victoria Place Northern side from a point 150 metres to the east of its junction with Sir Alex Ferguson Way in an easterly direction to its junction with Trafford Wharf Road. No loading except Taxis on Match Day Controlled Hours. To provide a temporary taxi rank displaced from Sir Alex Ferguson Way.
  • (5) 24 Hour Clearway:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
04, 05 & 06/5.1 Village Way 24 hour Clearway both sides of the eastbound and westbound carriageways from its junction with Park Way to its junction with Village Circle. Aligns the existing TRO with the proposed changes to the highway layout at the western end of the road, namely the conversion of Parkway Circle to a signal controlled junction.
06/5.2 Tenax Road 24 hour Clearway both sides of the northbound and southbound carriageways from its junction with Tenax Circle to its junction with Park Way. Aligns the existing TRO with the proposed changes to the highway layout at the southern end of the road, namely the conversion of Parkway Circle to a signal controlled junction.
06 & 07/5.3 Park Way 24 hour Clearway both sides of the north-eastbound and south-westbound carriageways from its junction with Tenax Road to its junction with Barton Road. Aligns the existing TRO with the proposed changes to the highway layout at the north-east end of the road, namely the conversion of Parkway Circle to a signal controlled junction.

PART 2 — DIRECTION OF VEHICULAR TRAFFIC

4
  • (1) One way traffic:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
02/6.1 Sir Alex Ferguson Way One-way traffic in a northbound direction from its junction with Wharfside Way to its junction with Victoria Place. To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
02/6.2 Waterside One-way traffic in a southbound direction from a point 51 metres north of the southern kerbline of Wharfside Way to its junction with Wharfside Way. To assist traffic flow and maintain junction capacity.
06/6.1 Ashburton Road West One-way traffic in a northbound direction from its junction with Park Way to its junction with Work No.6. To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
  • (2) Opening to two way traffic (previously one way) – revocation:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
05/7.1 Mosley Road Opening to two-way traffic from a point 35 metres south of its junction with Trafford Park Road to its junction with Trafford Park Road. To assist traffic flow and improve access.
  • (3) Prescribed movement:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
02/8.1 Trafford Wharf Road Compulsory right turn from Trafford Wharf Road onto Sir Alex Ferguson Way. To prevent hazardous traffic movements and possible carriageway obstruction.
02/8.2 Sir Alex Ferguson Way Compulsory left turn from Sir Alex Ferguson Way onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
02/8.3 Sir Alex Ferguson Way Compulsory left turn from Sir Alex Ferguson Way onto Victoria Place. To prevent hazardous traffic movements and possible carriageway obstruction.
02/8.4 Victoria Place Compulsory right turn from Victoria Place onto Sir Alex Ferguson Way. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.1 Elevator Road Compulsory left turn from Elevator Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.2 Private means of access (Imperial War Museum North) Compulsory left turn from the Imperial War Museum North private means of access located 304 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.3 Private means of access (Imperial War Museum North) Compulsory left turn from the Imperial War Museum North private means of access located 257 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.4 Private means of access (Imperial War Museum North) Compulsory left turn from the Imperial War Museum North private means of access located 152 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.5 Private means of access (ITV Studios) Compulsory left turn from the ITV Studios private means of access located 49 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.6 Private means of access (Trafford Mills, Rank Hovis) Compulsory left turn from the Trafford Mills, Rank Hovis private means of access located 235 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.7 Private means of access (Trafford Mills, Rank Hovis) Compulsory left turn from the Trafford Mills, Rank Hovis private means of access located 63 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road. To prevent hazardous traffic movements and possible carriageway obstruction.
04/8.1 Second Avenue Compulsory left turn from Second Avenue onto Village Way. To prevent hazardous traffic movements and possible carriageway obstruction.
05/8.1 Praed Road Compulsory left turn from Praed Road onto Village Way. To prevent hazardous traffic movements and possible carriageway obstruction.

PART 3 — PROHIBITION OF VEHICULAR ACCESS

5
  • (1) Prohibition of driving:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
01 & 02/9.1 Wharf End Prohibition of driving 24 hours except pedal cycles both sides of the carriageway from its junction with Trafford Wharf Road to its junction with Trafford Road. To be closed to all traffic except pedal cycles.
02/9.2 Trafford Wharf Road Prohibition of driving 24 hours except tramcars and pedal cycles both sides of the carriageway from its junction with Sir Alex Ferguson Way to its junction with Victoria Place. To be closed to all traffic except pedal cycles
02/9.3 Sir Alex Ferguson Way Prohibition of driving 24 hours except pedal cycles southbound carriageway from its junction with Victoria Place to its junction with Wharfside Way. To prevent hazardous traffic movements and possible carriageway obstruction.
02/9.4 Sir Alex Ferguson Way Prohibition of driving 24 hours except pedal cycles northbound carriageway from a point 22 metres north of its junction with Wharfside Way in a southerly direction to its junction with Wharfside Way. To prevent hazardous traffic movements and possible carriageway obstruction.
03/9.1 Trafford Wharf Road Prohibition of driving 24 hours except tramcars and emergency vehicles within the central area of the carriageway from its junction with Warren Bruce Road to a point 43 metres east of its junction with Elevator Road. Central area of the carriageway means the area 3.65 metres (nominally) south of the northern kerb line to 3.65 metres (nominally) north of the southern kerb line. To prevent vehicles encroaching on the tram route except for authorised vehicles.
04/9.1 Third Avenue Prohibition of driving 24 hours except tramcars and pedal cycles both sides of the carriageway from a point 22 metres north of its junction with Village Way in a southerly direction to its junction with Village Way. To prevent vehicles encroaching on the tram route except for authorised vehicles.
  • (2) Prohibition of movement:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
02/10.1 Sir Alex Ferguson Way No right turn from Sir Alex Ferguson Way onto Victoria Place. To prevent hazardous traffic movements and possible carriageway obstruction.
02/10.2 Wharfside Way No right turn from Wharfside Way onto Sir Alex Ferguson Way. To maintain junction capacity and prevent hazardous traffic movements and possible carriageway obstruction.
02/10.3 Wharfside Way No right turn from Wharfside Way onto Waterside. To maintain junction capacity and prevent hazardous traffic movements and possible carriageway obstruction.
02/10.4 Wharfside Way No left turn from Wharfside Way onto Waterside. To maintain junction capacity and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.1 Trafford Wharf Road No right turn from Trafford Wharf Road onto Elevator Road. To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.2 Trafford Wharf Road No right turn from Trafford Wharf Road onto Trafford Mills, Rank Hovis private means of access located 235 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles). To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.3 Trafford Wharf Road No right turn from Trafford Wharf Road onto Trafford Mills, Rank Hovis private means of access located 63 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles). To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.4 Trafford Wharf Road No right turn from Trafford Wharf Road onto Imperial War Museum North private means of access located 304 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles). To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.5 Trafford Wharf Road No right turn from Trafford Wharf Road onto Imperial War Museum North private means of access located 257 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles). To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.6 Trafford Wharf Road No right turn from Trafford Wharf Road onto Imperial War Museum North private means of access located 152 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles). To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.7 Trafford Wharf Road No right turn from Trafford Wharf Road onto ITV Studios private means of access located 49 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles). To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.8 Trafford Wharf Road No entry except for trams in a south-easterly direction onto the tramroad (Work No. 1) to the north of Trafford Wharf Road approximately 20 metres to the east of the Trafford Wharf Road/Quay West access junction. To prevent hazardous movements.
03/10.9 Trafford Wharf Road No entry except for trams in a north-westerly direction onto the tramway (Work No. 2) within the central reserve of Trafford Wharf Road at the vehicular access for Quay West, a point approximately 42 metres east of Elevator Road. To prevent hazardous movements.
03/10.10 Trafford Wharf Road No entry except for trams in a south-easterly direction onto the tramway (Work No. 2) within the central reserve of Trafford Wharf Road at its junction with Warren Bruce Road. To prevent hazardous movements.
03/10.11 Warren Bruce Road No entry except for trams in a south-westerly direction onto the tramroad (Work No. 3) to the north-west of Warren Bruce Road at its north-easterly junction with Warren Bruce Road. To prevent hazardous movements.
04/10.1 Warren Bruce Road No entry except for trams in a north-easterly direction onto the tramroad (Work No. 3) to the north-west of Warren Bruce Road at its junction with Village Circle. To prevent hazardous movements.
04/10.2 Village Circle No entry except for trams in a westerly direction onto the tramroad (Work No.3) within the central area of Village Circle. To prevent hazardous movements.
04/10.3 Village Circle No entry except for trams in an easterly direction onto the tramroad (Work No.3) within the central area of Village Circle. To prevent hazardous movements.
04/10.4 Village Way No entry except for trams in a westerly direction onto the tramroad (Work No.3) to the north of Village Way at its junction with Village Way/Village Circle. To prevent hazardous movements.
05/10.1 Village Way No right turn from Village Way onto Mosley Road (to the north of Village Way). To maintain junction capacity and traffic flow.
05/10.2 Village Way No right turn from Village Way onto Mosley Road (to the south of Village Way). To maintain junction capacity and traffic flow.
5/10.3 Village Way No entry except for trams in an easterly direction onto the tramroad (Work No.3) to the north of Village Way on the eastern side of its junction with the unnamed access opposite Fifth Avenue. To prevent hazardous movements.
5/10.4 Village Way No entry except for trams in a westerly direction onto the tramroad (Work No.3) to the north of Village Way on the western side of its junction with the unnamed access opposite Fifth Avenue. To prevent hazardous movements.
5/10.5 Village Way No entry except for trams in an easterly direction onto the tramroad (Work No.3) to the north of Village Way at its junction with Village Way/Mosley Road. To prevent hazardous movements.
5/10.6 Village Way No entry except for trams in a westerly direction onto the tramroad (Work No.3) to the south of Village Way at its junction with Village Way/Mosley Road. To prevent hazardous movements.
05/10.7 Village Way No entry except for trams in an easterly direction onto the tramroad (Work No.3) to the south of Village Way at its junction with the access road to Central Park Trading Estate approximately 165 metres west of the western kerb line of Mosley Road. To prevent hazardous movements.
05/10.8 Village Way No entry except for trams in a westerly direction onto the tramroad (Work No.3) to the south of Village Way at its junction with the access road to Central Park Trading Estate approximately 183 metres west of the western kerb line of Mosley Road. To prevent hazardous movements.
06/10.1 Ashburton Road West No right turn from Ashburton Road West onto Work No. 6. To maintain junction capacity and traffic flow.
06/10.2 Work No. 6 (new highway) No left turn from Work No. 6 onto Ashburton Road West. To maintain junction capacity and traffic flow.
06/10.3 Work No. 5 (new highway) No right turn from Work No. 5 onto Park Way. To maintain junction capacity and traffic flow.
06/10.4 Park Way No entry except for trams in an easterly direction onto the tramroad (Work No.3) to the south of Park Way at its junction with Westinghouse Road/Park Way. To prevent hazardous movements.
06/10.5 Park Way No entry except for trams in a south-westerly direction onto the tramroad (Work No. 4) to the north-west of Park Way opposite the Westinghouse Road/Park Way junction. To prevent hazardous movements.
07/10.1 Barton Dock Road No entry except for trams in a south-easterly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the eastern side of its junction with Mercury Way. To prevent hazardous movements.
07/10.2 Barton Dock Road No entry except for trams in a north-westerly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the western side of its junction with Mercury Way. To prevent hazardous movements.
08/10.1 Barton Dock Road No entry except for trams in a south-easterly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the eastern side of its junction with Phoenix Way. To prevent hazardous movements.
08/10.2 Barton Dock Road No entry except for trams in a north-westerly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the western side of its junction with Phoenix Way To prevent hazardous movements.
08/10.3 Barton Dock Road No entry except for trams in a south-easterly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road at a point approximately 131 metres north-west of the western kerb line of Phoenix Way. To prevent hazardous movements.
08/10.4 Barton Dock Road No entry except for trams in a north-westerly direction onto the tramroad (Work No. 4) to the south of Barton Dock Road at a point approximately 147 metres south-east of the eastern kerbline of Traders Avenue. To prevent hazardous movements.
  • (3) Opening to allow turning movement – revocation:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
05/11.1 Trafford Park Road Opening to left turn from Trafford Park Road onto Mosley Road. To assist traffic flow and improve access.
  • (4) Pedal cycle lane:
(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
03/12.1 Trafford Wharf Road Southern side from a point 22 metres east of its junction with Warren Bruce Road in an easterly direction for a distance of 308 metres east of its junction with Elevator Road which has a width throughout of 1.5 metres. To assist the movement of pedal cycles.

PART 4 — VEHICULAR SPEED LIMITS

6

Speed Limits:

(1) No. (2) Road (3) Extent (4) Notes
In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford In the Metropolitan Borough of Trafford
06/13.1 Work No. 6 (new highway) 30 mph speed limit both sides of the carriageway from its junction with Tenax Road to its junction with Ashburton Road West.
06/13.2 Work No. 5 (new highway) 30 mph speed limit both sides of the carriageway from its junction with Park Way to its junction with Westinghouse Road.

SCHEDULE 8 — PROTECTION OF PUBLIC UTILITIES

Effect

1

For the protection of the public utilities referred to in this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the public utility concerned.

Definitions

2

In this Schedule—

  • “apparatus” means— in the case of Electricity North West Limited, electric lines or electrical plant (as defined in the Electricity Act 198968), belonging to or maintained by that public utility; in the case of National Grid Gas Plc, any mains, pipes or other apparatus belonging to or maintained by that public utility for the purposes of gas supply, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • “functions” includes powers and duties;
  • “in”, in a context referring to apparatus or necessary alternative apparatus in land, includes a reference to apparatus or necessary alternative apparatus under, over or upon land;
  • “necessary alternative apparatus” means alternative apparatus adequate to enable a public utility to fulfil its statutory or licensed functions in a manner no less efficient than previously;
  • “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
  • “public utility” means, as the case may be— Electricity North West Limited, company number 02366949, whose registered office is at 304 Bridgewater Place, Birchwood Park, Warrington, WA3 6XG; and/or National Grid Gas Distribution Limited, company number 10080864, whose registered office is at 1-3 Strand, London, WC2N 5EH; and in relation to any apparatus, means the public utility to whom it belongs or by whom it is maintained; and
  • “specified work” means any of the authorised works which will or may be situated over or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus, the removal of which has not been required under paragraph 8.

On-street apparatus

3

This Schedule does not apply to apparatus in respect of which the relations between the undertaker and the public utility are regulated by the provisions of Part 3 (street works licence) of the 1991 Act.

Apparatus in stopped-up streets

4
  • (1) Where any street is stopped up under article 13 (stopping up of streets), any public utility whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must as soon as reasonably practicable grant to the public utility legal easements reasonably satisfactory to the public utility in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the public utility to require the removal of that apparatus under paragraph 8 or the power of the undertaker to carry out works under paragraphs 20 to 27.
  • (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 14 (temporary stopping up of streets) the public utility is at liberty at all times to take all necessary access across any such temporarily stopped up highway and to execute and do all works and things in, upon or under any such highway as may be reasonably necessary to enable the public utility to maintain any apparatus which at the time of the stopping up or diversion was in that highway and only in a manner that is consistent with and subject to any restriction or limitations that applied on such access or works under the terms of the 1991 Act enjoyed immediately before the temporary stopping up.

Protective works to building

5

The undertaker must, so far as is reasonably practicable, exercise the powers conferred by article 22 (works to safeguard buildings and the operation of the authorised transit system) so as not to obstruct or render less convenient the access to any apparatus without the written consent of the public utility (such consent not to be unreasonably withheld or delayed).

Acquisition

6

Subject to paragraph 7, the undertaker must not acquire any apparatus or land interest or override any easement or other interest of or from a public utility under the powers conferred by this Order otherwise than by agreement, which must not be unreasonably withheld.

7

The undertaker may in exercise of the powers conferred by this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus are extinguished but no apparatus is to be removed nor is any right of the public utility to use, maintain or renew any apparatus to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the public utility.

Removal of apparatus

8

Paragraphs 9 to 16 apply where—

  • (a) the undertaker requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the public utility not less than 56 days’ written notice of that requirement together with a plan of the proposed work and of the proposed position of the necessary alternative apparatus to be provided or constructed; or
  • (b) in consequence of the exercise or proposed exercise of any of the powers conferred by this Order, the public utility reasonably requires the removal of any apparatus.
9

Subject to paragraph 10, the undertaker must afford to the public utility the necessary rights and facilities for the construction of any necessary alternative apparatus in other land of the undertaker and subsequently for the use, maintenance and renewal of such apparatus.

10

If the undertaker is unable to obtain the rights and facilities referred to in paragraph 9, the public utility must, on receipt of a written notice to that effect from the undertaker, use its best endeavours to obtain the necessary rights and facilities.

11

The obligation imposed upon the public utility by paragraph 10 does not extend to the exercise by the public utility of any power to acquire any land or rights in land by compulsory purchase order.

12

Any necessary alternative apparatus to be constructed by the public utility under this Schedule must be constructed in such manner, and in such line or situation, as may be agreed between the public utility and the undertaker or, in default of agreement, determined by arbitration under article 53 (arbitration).

13

The public utility must, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined by arbitration and after the grant to or obtaining by the public utility of any such facilities and rights as are referred to in paragraph 9, proceed without unnecessary delay to construct and bring into operation the necessary alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed in accordance with paragraph 8.

14

If the undertaker gives notice in writing to the public utility that it desires to carry out any part of any work in connection with the construction or removal of apparatus, such work, instead of being carried out by the public utility, may be carried out by the undertaker with the prior written consent of the public utility (which must not be unreasonably withheld and may be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the public utility and the undertaker or, in default of agreement, determined by arbitration under article 53 (arbitration), without unnecessary delay under the superintendence (if given) and to the reasonable satisfaction of the public utility.

15

In carrying out any work under paragraph 14 the undertaker must comply with all statutory obligations which would have been applicable had the works been carried out by the public utility.

16

Nothing in paragraph 14 authorises the undertaker to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 300 millimetres (measured in any direction) of the apparatus.

Facilities and rights for necessary alternative apparatus

17

Where, in accordance with the provisions of this Schedule, the undertaker affords to the public utility facilities and rights for the construction, use, maintenance and renewal in land of the undertaker of necessary alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the public utility or, in default of agreement, determined by arbitration under article 53 (arbitration).

18

In determining the terms and conditions mentioned in paragraph 17 in respect of necessary alternative apparatus to be constructed across or along the authorised works the arbitrator must—

  • (a) give effect to all reasonable requirements of the undertaker for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the necessary alternative apparatus which may be required to prevent interference with any such works; and
  • (b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions (if any) applicable to the apparatus constructed across or along the authorised works for which the necessary alternative apparatus is to be substituted and to any other reasonable requirements of the public utility.
19

If the facilities and rights to be afforded by the undertaker in respect of any necessary alternative apparatus under paragraph 17 and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the public utility than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator must make such provision for the payment of compensation to or by the undertaker by or to the public utility in that respect as appears to the arbitrator to be reasonable having regard to all the circumstances of the case.

Retained apparatus

20
  • (1) Not less than 56 days before commencing to construct or renew any specified work, the undertaker must submit to the public utility plans of the works.
  • (2) The plan to be submitted to the public utility under sub-paragraph (1) must (unless otherwise agreed in writing) include a method statement and describe—
  • (a) the exact position of the specified work;
  • (b) the level at which the specified works are proposed to be constructed or renewed; and
  • (c) the manner of their construction or renewal including details of excavation and positioning of plant.
21

The undertaker must not commence the construction or renewal of any specified work until the public utility has given written approval of the plans so submitted.

22

Any approval of the public utility required under paragraph 21—

  • (a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 23;
  • (b) must not be unreasonably withheld; and
  • (c) is to be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.
23

A specified work is to be constructed only in accordance with the approved plans and all reasonable requirements made by the public utility for the alteration, or otherwise for the protection, of the apparatus, or for securing access to it, and the public utility is entitled to watch and inspect the carrying out of the work.

24

If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by the undertaker the public utility reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, the provisions of this Schedule are to have effect as if the removal of the apparatus had been required by the public utility under paragraph 8.

25

Nothing in paragraph 20 or 24 precludes the undertaker from submitting at any time, or from time to time, but in any case not less than 28 days before commencing the construction of any specified work, a new plan in place of the plan previously submitted, in which case the provisions of those paragraphs are to apply to, and in respect of, the new plan.

26

The undertaker is not required to comply with paragraph 20 in a case of emergency but, in such a case, it must give to the public utility notice as soon as reasonably practicable, and a plan of the works as soon as reasonably practicable afterwards, and must comply with paragraph 23 so far as reasonably practicable in the circumstances.

27

Nothing in paragraph 26 entitles the undertaker to carry out works to any apparatus but, upon receipt of notice from the undertaker, the public utility must take such action as may be required (which may include the carrying out of works if it thinks fit) without unnecessary delay.

Expenses and costs

28

Subject to the following provisions of this Schedule, the undertaker must repay to a public utility all expenses reasonably incurred by that public utility in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any necessary alternative apparatus (including any costs reasonably incurred in connection with the acquisition of rights) and in watching and inspecting the execution of works and in making reasonable requirements under paragraph 22.

29

The value of any apparatus removed under the provisions of this Schedule is to be deducted from any sum payable under paragraph 28, that value being calculated after removal.

30

If in accordance with the provisions of this Schedule—

  • (a) necessary alternative apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type that is suitable for the purpose required; or
  • (b) apparatus (whether existing apparatus or necessary alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the public utility under paragraph 28 is to be reduced by the amount of that excess.

31

For the purposes of paragraph 30—

  • (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and
  • (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
32

An amount which apart from this paragraph would be payable to a public utility under paragraph 28 must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the public utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and reissued from time to time.

33

In any case where work is carried out by the undertaker under paragraphs 14 to 16 and, if such work had been carried out by the public utility, the repayment made to the public utility under paragraph 28 would fall to be reduced under paragraphs 30 to 32, the public utility must give credit to the undertaker for such sum as represents the amount of that reduction.

Indemnity

34

If by reason or in consequence of the construction of the specified works, any damage is caused to any apparatus or necessary alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or there is any interruption in any service provided or of any access to any apparatus, or in the supply of any goods, by any public utility, the undertaker must—

  • (a) bear and pay the cost reasonably incurred by that public utility in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that public utility for any other expenses, loss, damages, penalty or costs incurred by it,

by reason or in consequence of any such damage or interruption.

35

The fact that any act or thing may have been done by a public utility on behalf of the undertaker or in accordance with a plan approved by a public utility or in accordance with any requirement of a public utility or under its supervision does not, subject to paragraph 36, excuse the undertaker from liability under the provisions of paragraph 34.

36

Nothing in paragraph 34 imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a public utility, its officers, servants, contractors or agents.

37

A public utility must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.

Co-operation

38

Where in consequence of the proposed construction of any of the specified works, the undertaker or a public utility requires the removal of apparatus under paragraph 8 or a public utility makes requirements for the protection or alteration of apparatus under paragraph 23, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each public utility must use its best endeavours to co-operate with the undertaker for that purpose.

Access

39

If in consequence of the powers conferred by this Order, the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the public utility to maintain or use the apparatus no less effectively than was possible before such obstruction.

SCHEDULE 9 — PROTECTION OF NAVIGATION

1
  • (1) For the protection of MSCC and BCC the following provisions of this Schedule, unless otherwise agreed in writing between the undertaker and the authority concerned, have effect.
  • (2) In this Schedule—
  • “the authority” means— in relation to the Bridgewater Canal, BCC in its capacity as navigation authority for that canal; and in relation to the Manchester Ship Canal, MSCC in its capacity as harbour authority for that canal;
  • “BCC” means the Bridgewater Canal Company Limited, company number 06805592 whose registered address is at Peel Dome, The Trafford Centre, Stretford, M17 8PL and (where applicable) includes its statutory successors;
  • “the Bridgewater Canal” means the Bridgewater Canal owned or managed by BCC, and includes any works connected with the Bridgewater Canal for the maintenance or operation of which BCC is responsible and includes (without limitation) lands, walls, culverts, roads, bridges, buildings and developments held or used by BCC for the purposes of the Bridgewater Canal;
  • “the Canal” means the Bridgewater Canal or the Manchester Ship Canal, as the case may be;
  • “construction”, in relation to any specified work or protective work, includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” have corresponding meanings;
  • “detriment” means any physical damage to the Canal wholly or partly caused by the specified works which affects the stability, structure and safety of the Canal and, without limitation on the scope of that meaning, includes— the erosion of the bed, banks or walls of the Canal, or the impairment of the stability of any works or lands forming part of the Canal; damage to the walls or banks of the Canal caused by excessive weight being placed on the Canal walls; the silting of the Canal or the deposit of materials in the Canal so as to damage the Canal; the pollution of the Canal; and any alteration in the water level of the Canal, or interference with the supply of water to the Canal, or drainage from the Canal; but does not include any damage to the Canal to the extent that it is set out in plans approved (or deemed to be approved) under paragraph 4;
  • “the engineer” means an engineer (whether an employee of the authority or external consultant) appointed by the authority for the purpose in question;
  • “harbour master” means the officer appointed by MSCC from time to time to execute the office of harbour master and includes any assistants and subordinates in so far as such assistants and subordinates are duly authorised to act on behalf the harbour master;
  • “the Manchester Ship Canal” means the Manchester Ship Canal owned or managed by MSCC, and includes any works connected with the Manchester Ship Canal for the maintenance or operation of which MSCC is responsible and includes (without limitation) lands, walls, banks, culverts, roads, bridges, buildings and developments held or used by MSCC for the purposes of the Manchester Ship Canal;
  • “‘MSCC” means the Manchester Ship Canal Company Limited, company number 07438096, whose registered office is at Maritime Centre, Port of Liverpool, Liverpool L21 1LA and (where applicable) includes its statutory successors;
  • “plans” includes sections, drawings, specifications, calculations, surveys, soil and other environmental reports, descriptions (including descriptions of methods of construction), drainage and flooding reports, risk assessments and method statements, but does not include the design and appearance of the specified works, calculations, phasing plans and programmes;
  • “protective work” means a work which is reasonably necessary to be carried out to minimise or prevent detriment constructed under sub-paragraph 4(3)(a);
  • “the Ship Canal enactments” means— Manchester Ship Canal Act 1885 c. clxxxviii Manchester Ship Canal (Additional Lands) Act 1888 c. cxi Manchester Ship Canal (Alteration of Works) Act 1888 c. clxi Manchester Ship Canal (Tidal Openings, & c.) Act 1890 c. lxxiv Manchester Ship Canal (Various Powers) Act 1890 c. ccxxvii Manchester Ship Canal Act 1891 c. clxxxi Manchester Ship Canal Act 1893 c. iii Manchester Corporation (Ship Canal) Act 1893 c. xix Manchester Ship Canal (Additional Capital, & c.) Act 1893 c. xxiii Manchester Ship Canal (Surplus Lands) Act 1893 c. lxxiii Manchester Ship Canal Act 1894 c. clxix Manchester Ship Canal Act 1896 c. clxxxii Manchester Ship Canal Act 1897 c. cviii Manchester Ship Canal Act 1900 c. xxxvi Manchester Ship Canal Act 1904 c. ccxii Manchester Ship Canal (Bridgewater Canal) Act 1907 c. xv Manchester Ship Canal (Various Powers) Act 1907 c. xxx Manchester Ship Canal Act 1911 c. lvi Manchester Ship Canal Act 1919 c. xlvi Manchester Ship Canal Act 1920 c. cxlix Manchester Ship Canal Act 1924 c. lviii Manchester Ship Canal Act 1925 c. cxx Manchester Ship Canal (General Powers) Act 1926 c. lxxxiii Manchester Ship Canal Act 1933 c. lxvi Manchester Ship Canal Act 1936 c. cxxiv Manchester Ship Canal Act 1949 c. xxxvi Manchester Ship Canal Act 1950 c. lvi Manchester Ship Canal Act 1952 c. xiii Manchester Ship Canal Act 1956 c. lxxx Manchester Ship Canal Act 1960 c. xlv Manchester Ship Canal Act 1962 c. liii Manchester Ship Canal Act 1966 c. xxvii Manchester Ship Canal Revision Order 1970 (S.I. 1971/191) Manchester Ship Canal Revision Order 1975 (S.I. 1975/2205) The Manchester Ship Canal (Black Bear Canal) (Local Enactments) Order 1976 (S.I. 1976/1084) Manchester Ship Canal Revision Order 1984 (S.I. 1984/50) Manchester Ship Canal Revision Order 1987 (S.I. 1987/1790) Manchester Ship Canal Harbour Revision Order 1992 (S.I. 1992/1268) The Manchester Ship Canal (Bridgewater Canal) Act 1907 (Amendment) Order 1996 (S.I. 1996/1484) The Manchester Ship Canal Harbour Revision Order 2009 (S.I. 2009/2579);
  • “specified work” means so much of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect, the Canal; and
  • “weight limit” means the relevant weight limit for any section of the wall or bank of the Canal that may be affected by any specified work or protective work, such weight limit to be approved by the engineer in accordance with the provisions of paragraph 4.
2
  • (1) The undertaker must not under the powers conferred by this Order acquire compulsorily any land of the authority or any easement or other right over such land, other than such land or easements or other rights over such land as is reasonably necessary for, or in connection with, the construction, maintenance or operation of the authorised works, without the consent of the authority (not to be unreasonably withheld or delayed) and where possession of land is taken on a temporary basis the undertaker must take possession of such land for the shortest period as is reasonably required for the purposes of undertaking specified work.
  • (2) The charges over the land, property or undertaking of MSCC imposed under the Ship Canal enactments do not apply to any land or interest in land transferred, leased or granted to the undertaker by MSCC whether that transfer is by agreement or compulsorily under the powers conferred by this Order.
3

Where reasonably required to do so by the engineer or the harbour master for the purpose of ensuring the safety of the Canal the undertaker must, to the reasonable satisfaction of the engineer or harbour master, fence off any specified work or protective work or take such steps as the engineer or the harbour master may reasonably require to be taken for the purpose of separating a specified work or a protective work from the Canal, whether on a temporary or permanent basis or both.

4
  • (1) The undertaker, before commencing construction of any specified work, including any temporary works, must supply to the authority proper and sufficient plans of that work and must not commence the construction of any specified work except in accordance with such plans as have been approved or deemed to have been approved by the engineer or settled by arbitration.
  • (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 42 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the authority the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.
  • (3) When signifying approval of the plans the engineer may specify—
  • (a) any protective work to be carried out before the commencement of a specified work (whether temporary or permanent) that may be reasonably required to prevent detriment; and
  • (b) such other requirements as may be reasonably necessary to prevent detriment, but not involving alteration to the design of the specified work,

and such protective work must be constructed by the undertaker or (if the undertaker so elects) the authority without unnecessary delay and the undertaker must not commence the construction of any specified work until the engineer has notified the undertaker that the protective work has been completed to the engineer’s reasonable satisfaction.

  • (4) The approval of the engineer under sub-paragraph (3) must not be unreasonably withheld or delayed, and if by the end of the period of 14 days beginning with the date on which the engineer is notified of the completion of such protective work the engineer has not intimated disapproval and the grounds of disapproval the engineer is deemed to have approved the protective work.
  • (5) The authority must at all times afford reasonable facilities to the undertaker and its agents for access to any protective works carried out by the authority under this paragraph during their construction and must supply the undertaker with such information as it may reasonably require with regard to such protective works or the method of constructing them.
5

The undertaker must not impede, obstruct or interfere with, as far as reasonably practicable, the free and uninterrupted and safe use of the Canal or the vessels on the Canal except to the extent that the obstruction or interference has otherwise been agreed by the authority.

6

The undertaker must provide and maintain at its own expense in the vicinity of any specified work or protective work such temporary lighting from sunset to sunrise or other periods of adverse visibility and such signal lights for the control of navigation as the harbour master may reasonably require during the construction or failure of the specified work or protective work.

7
  • (1) Any specified work must, when commenced, be constructed—
  • (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled by arbitration under article 53 (arbitration) and in accordance with any requirements made under paragraph 4(3)(b);
  • (b) under the supervision (if given), and, in the case of any specified work which directly and physically affects the Canal, to the reasonable satisfaction of the engineer;
  • (c) in such a manner as to cause as little detriment as is reasonably practicable to the Canal;
  • (d) in such a manner as to cause no detriment to the walls or banks of the Canal;
  • (e) so far as is reasonably practicable, so as not to interfere with, delay or obstruct the safe passage of vessels using the Canal except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority; and
  • (f) in such a manner as to cause as little inconvenience as is reasonably practicable to the authority, its officers and agents.
  • (2) Nothing in this Order authorises the undertaker to—
  • (a) make or maintain any permanent works in or over the Canal so as to impede or prevent (whether by reducing the headroom or depth of water available for vessels, or the width of the Canal or otherwise) the passage of any vessel along the Canal, and in this regard the minimum permanent vertical clearance over the Bridgewater Canal must be maintained at all times at 28.860 metres above Ordnance Datum and the existing permanent width of the Bridgewater Canal where it is crossed by the specified works must be maintained at all times at 15.24 metres; or
  • (b) construct or maintain any specified work or protective work which would result in the weight limit of the Canal wall being exceeded; or
  • (c) use the Canal wall as a load bearing wall or structure for any specified work or protective work,

except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority.

  • (3) Nothing in this Order authorises the undertaker to construct any specified work or make or maintain any permanent works in the Canal which would impede the free-flow of water in the Canal.
  • (4) Following the completion of the construction of any specified work the undertaker must restore the Canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works subject to the presence of the authorised works.
  • (5) Where the carrying out of any of the specified works or any protective works requires the temporary closure of the Bridgewater Canal then the undertaker must notify the authority as soon as it becomes aware of the potential need for the closure of the Canal and—
  • (a) where the proposed closure will be for a period which is longer than 48 hours such works may only be undertaken between the months of November in one year and February in the following year (inclusive); and
  • (b) where the proposed closure will be for a period of up to 48 hours such works must be undertaken at such time or times as may be specified by the authority (acting reasonably).
  • (6) Nothing in this Order authorises the temporary closure of the Canal except with the consent of the authority, but such consent must not be unreasonably withheld and may be given subject to such terms and conditions as the authority may reasonably require.
8
  • (1) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any polluting materials on, in or over the Canal and must take such steps as the engineer or the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph.
  • (2) Nothing in article 21 (discharge of water) authorises the undertaker to discharge (directly or indirectly) surface drainage water into the Canal except that with the written consent of the authority the undertaker may discharge water directly into the Canal.
  • (3) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any other materials in the Canal and must take such steps as the engineer or the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph except that with the written consent of the authority the undertaker may deposit any other materials into the Canal.
  • (4) Any consent of the authority required under this paragraph must not be unreasonably withheld or delayed and may be given subject to such terms and conditions as the authority may reasonably require.
9
  • (1) The undertaker must at all reasonable times on being given reasonable notice (except in cases of emergency) allow reasonable facilities to the engineer for access to inspect any specified work during its construction.

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