The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020

• (11) In this article “the maintenance period” in relation to a scheduled work means the period of 5 years beginning with the date on which the work is opened for use.

Temporary use of land for access

30

• (1) Network Rail may use any land specified in Schedule 14 (land over which temporary rights of access may be exercised) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the authorised works.

• (2) The power under paragraph (1) is exercisable on giving at least 7 days’ notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land.

• (3) But paragraph (2) does not require notice to be given in relation to land where notice under that paragraph has already been given in relation to that land.

• (4) Network Rail must pay compensation to the owners and occupiers of the land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph.

• (5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, shall be determined under Part 1 of the 1961 Act.

• (6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 23 (application of Part 1 of the 1965 Act).

Compensation

Disregard of certain interests and improvements

31

• (1) In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—

• (a) any interest in land; or

• (b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

• (2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Supplementary

Extinction or suspension of private rights of way

32

• (1) Subject to paragraph (6), all private rights of way over land subject to compulsory acquisition under this Order are extinguished—

• (a) as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

• (b) on the date of entry on the land by Network Rail under section 11(1)[^f00052] (powers of entry) of the 1965 Act,

whichever is the sooner.

• (2) Subject to paragraph (6), all private rights of way over land owned by Network Rail which, being within the Order limits, is required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.

• (3) Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

• (a) as from the date of the acquisition of the right or the imposition of the restrictive covenant by Network Rail, whether compulsorily or by agreement; or

• (b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,

whichever is the sooner.

• (4) Subject to paragraph (6), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

• (5) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (6) This article does not apply in relation to any right of way to which section 271 or 272[^f00053] (extinguishment of rights of statutory undertakers etc.) of the 1990 Act or paragraph 2 of Schedule 15 (provisions relating to statutory undertakers etc.) applies.

• (7) Paragraphs (1), (2), (3) and (4) have effect subject to—

• (a) any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s appropriation of it, Network Rail’s entry onto it or Network Rail taking temporary possession of it that any or all of those paragraphs do not apply to any right of way specified in the notice; and

• (b) any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

• (8) If any such agreement as is mentioned in sub-paragraph (7)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Time limit for exercise of powers of acquisition

33

• (1) After the end of the period of 5 years beginning on the day on which this Order comes into force—

• (a) no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 23 (application of part 1 of the 1965 Act); and

• (b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 24 (application of the 1981 Act).

• (2) The powers conferred by article 28 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

PART 4 — MISCELLANEOUS AND GENERAL

Power to transfer undertaking

34

• (1) Network Rail may—

• (a) transfer to another person (the “transferee”) its right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights and powers as may be agreed in writing between Network Rail and the transferee; or

• (b) grant to another person (the “lessee”) for a period agreed in writing between Network Rail and the lessee the right to construct, maintain, use operate the authorised works (or any part of them) and such related statutory rights and powers as may be so agreed.

• (2) Where an agreement has been made in accordance with paragraph (1) references in this Order to Network Rail, except in paragraph (1), include references to the transferee or lessee.

• (3) The exercise by a person of the rights or powers conferred by any enactment by any person in pursuance of any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those rights or powers were exercised by Network Rail.

• (4) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1), except where the transferee or lessee is the East West Railway Company Limited.

Defence to proceedings in respect of statutory nuisance

35

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00054] in relation to a nuisance falling within paragraph (g) of section 79(1)[^f00055] of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the authorised works and that the nuisance is attributable to the carrying out of the authorised works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61[^f00056] (prior consent for work on construction sites) or section 65[^f00057] (noise exceeding registered level), of the Control of Pollution Act 1974[^f00058]; or

• (b) that the nuisance is a consequence of the construction, operation or maintenance of the authorised works and that it cannot reasonably be avoided.

• (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), do not apply where the consent relates to the use of premises by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within section 79(1)(g) or (ga)[^f00059] of that Act where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b)[^f00060] of that Act, it is a defence to show that the nuisance—

• (a) is a consequence of the construction, operation or maintenance of the works authorised by this Order; and

• (b) cannot reasonably be avoided.

• (4) The provisions of this article do not affect the application to the authorised works of section 122 (statutory authority as a defence to actions in nuisance, etc.) of the Railways Act 1993[^f00061] or any rule of common law having similar effect.

Power to lop trees overhanging the authorised works

36

• (1) Network Rail may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or

• (b) from constituting a danger to passengers or other persons using the authorised works.

• (2) In exercising the powers conferred by paragraph (1), Network Rail must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Power to operate and use railway

37

• (1) Network Rail may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

• (2) Nothing in this Order, or in any enactment incorporated with or applied by this Order, affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993.

Planning Permission

38

Planning permission which is deemed by a direction under section 90(2A)[^f00062] (development with government authorisation) of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operation land for the purposes of that Act) of that Act.

Obstruction of construction of authorised works

39

Any person who, without reasonable excuse—

• (a) obstructs any person acting under the authority of Network Rail in setting out the lines of the scheduled works or in constructing any authorised work; or

• (b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of Network Rail,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Disclosure of confidential information

40

A person who—

• (a) enters a factory, workshop or workplace under the provisions of article 20 (protective works to buildings) or article 21 (power to survey and investigate land); and

• (b) discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Statutory undertakers etc.

41

The provisions of Schedule 15 (provisions relating to statutory undertakers etc.) have effect.

Certification of plans etc.

42

Network Rail must, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are, respectively, true copies of the book of reference, the deposited sections and the deposited plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

43

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post; or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00063] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

Protection of interests

44

Schedule 16 (protective provisions) has effect.

No double recovery

45

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Arbitration

46

Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — SCHEDULED WORKS

In the County of Oxfordshire, District of Cherwell and in the County of Buckinghamshire, District of Aylesbury Vale—

Work No.1 – A railway (8,185 metres in length), on the course of the existing railway (Oxford to Bletchley line), commencing by a junction 300 metres east of the bridge carrying the Chiltern Line railway over said Oxford to Bletchley line and terminating at a point 26 metres eastwards of the bridge carrying Main Street Charndon over the existing railway.

In the County of Buckinghamshire, District of Aylesbury Vale and in the District of Milton Keynes—

Work No.2 – A railway (18,827 metres in length), on the course of the existing railway (Oxford to Bletchley line), commencing at a point 209 metres west of the intersection of existing Queen Catherine Road and the existing railway and terminating at a point 183 metres west of the intersection of Saxon Street and the existing railway (Bletchley to Bedford line).

In the District of Milton Keynes—

Work No.3 – A railway (358 metres in length) on the course of the existing railway (Denbigh Hall Flyover line), commencing at a junction with Work No.2 at a point 18,297 metres east along its commencement and terminating at a point 358 metres north of its commencement.

In the County of Oxfordshire, District of Cherwell—

Work No.4 – A footbridge carrying Jarvis’ Lane Footpath over Work No.1 commencing at a point 326 metres north-west of the junction of Charbridge Way with the A4421 Charbridge Lane and terminating at a point 25 metres north of its commencement.

Work No.5 – Realignment of the A4421 Charbridge Lane (including a bridge over Work No.1) commencing at a point 25 metres north of the junction of Charbridge Way with the A4421 Charbridge Lane and terminating at the roundabout junction with Bicester Road.

Work No.6 – Realignment of The Tythe Barn rear access road, commencing at a point 124 metres north-east of the junction of Charbridge Way with the A4421 Charbridge Lane and terminating at a point 113 metres south-west of its commencement.

Work No.7 – Temporary diversion of the A4421 Charbridge Lane, commencing at a point 120 metres north of the junction of Charbridge Way with the A4421 Charbridge Lane and terminating at a point 15 metres south of the roundabout junction with Bicester Road.

Work No.8 – Temporary diversion of the A4421 Charbridge Lane, commencing at a point 23 metres south of the junction of Charbridge Way with the A4421 Charbridge Lane and terminating at a point 293 metres north of its commencement.

Work No.9 – Realignment of Manor farm access (including a bridge over Work No.1), commencing at a point 37 metres south-west of Launton Sports and Social Club building and terminating at a point 391 metres north-east of its commencement.

Work No.10 – A footbridge carrying Footpath 272/11/10 over Work No.1, commencing at a point 329 metres north of the junction of Footpath 272/11/10 with Footpath 272/12/10 and terminating at a point 33 metres north-west of its commencement.

Work No.11 – Realignment of Station Road (including a bridge over Work No.1), commencing at a point 47 metres north-east of the entrance to Upper Laurels Farm and terminating at a point 360 metres south-west of its junction with Bicester Road.

Work No.12 – An access road, forming an access to Station Cottage, commencing by a junction with Work No.11 at a point 143 metres north-east of the junction of Station Road with the entrance to Folly Cottage and terminating at a point 47 metres north of its commencement.

Work No.13 – An access road, commencing by a junction with Work No.11 at a point 78 metres south-east of Station Cottage and terminating at a point 104 metres south-east of its commencement.

In the County of Buckinghamshire, District of Aylesbury Vale—

Work No.14 – Realignment of Marsh Gibbon access (including a bridge over Work No.1), commencing at a point 70 metres north of the junction of Footpath MGI/5/1 with Footpath MGI/5/2 and terminating at a point 240 metres north of its commencement.

Work No.15 – A diversion of a high-pressure gas main, commencing at a point 269 metres north of the junction of Footpath MGI/5/1 with Footpath MGI/5/2 and terminating at a point 37 metres north-east of its commencement.

Work No.16 – A footbridge carrying footpaths POD/2/1 over Work No.1, commencing at a point 338 metres south of the junction of Footpath POD/3/1 with Footpath POD/2/1 and terminating at a point 45 metres south-east of its commencement.

Work No.17 – A footbridge carrying Footpaths TWY/2/2 and TWY/2/3 over Work No.1, commencing at a point 553 metres south of the junction of Footpath TWY/3/1 with Footpath TWY/2/2 and terminating at a point 17 metres south of its commencement.

Work No.18 – Realignment of Queen Catherine Road (including a bridge carrying the realigned road over the railway), commencing at a point 11 metres north-west of the junction of Queen Catherine Road with the entrance to Rectory Farm and terminating at a point 397 metres south-east of the junction of Buckingham Road with Queen Catherine Road.

Work No.19 – A road, forming an access to Railway Cottages, commencing by a junction with Work No.18 at a point 257 metres north-west of the junction of Queen Catherine Road with the entrance to railway cottages and terminating at a point 98 metres south-east of its commencement.

Work No.20 – A road, forming an access to the eastern fields, commencing by a junction with Work No.18 at a point 214 metres north-west of the junction of Queen Catherine Road with the entrance to Rectory Farm and terminating at a point 111 metres north-west of its commencement.

Work No.21 – A footbridge carrying Footpaths SCL/1/3 and MCL/8/1 over Work No.2, commencing at a point 205 metres north of Rectory Farm and terminating at a point 17 metres south of its commencement.

Work No.22 – A footbridge carrying the Footpaths MCL/4/1, MCL/6/1, MCL/4/2 and MCL/6/2 over Work No.2, commencing at a point 19 metres north-west of the junction of Footpath MCL/6/2 with Footpath MCL/4/2 and terminating at the said existing junction of those footpaths.

Work No.23 – Realignment of Sandhill Road, commencing at a point on that road 119 metres south-east of the bridge carrying the existing road over the existing railway and terminating at a point 269 metres north-west of its commencement. Work No.23 includes the reconstruction of the bridge carrying Sandhill Road over the existing railway.

Work No.24 – Realignment of the Littleworth Farm access road and Footpath MCL/2/1 and Footpath MCL/3/1 (including a bridge over Work No.2), commencing at a point 175 metres south-west of the entrance to the Verney Arms Hotel building on the existing Verney Road and terminating at a point 271 metres north-west of the junction of Footpath MCL/2/2 with Footpath MCL/3/2.

Work No.25 – Diversion of a high-pressure gas main, commencing at a point 247 metres north-west of existing Verney Junction level crossing and terminating at a point 72 metres east of its commencement.

Work No.25A– A bridge, carrying an access road over Claydon Brook, commencing at a point 276 metres north-west of the bridge carrying Verney Road over the existing railway (Oxford to Bletchley line) and terminating at a point 15 metres north-east of its commencement.

Work No.26 – A footbridge (being a replacement of the existing footbridge) carrying Footpaths WIP/6/9 and WIS/6/1 over Work No.2, commencing at a point 160 metres east of the bridge carrying Furze Lane over the existing railway (Oxford to Bletchley line) and terminating at a point 42 metres north of its commencement.

Work No.26A – A bridge, carrying an access road over Horwood Brook, commencing at a point 330 metres north-west of the bridge carrying Horwood Road under the existing railway (Oxford to Bletchley line) and terminating at a point 15 metres north of its commencement.

Work No.26B – A temporary bridge, carrying an access road over Horwood Brook, commencing at a point 124 metres south-west of the bridge carrying Horwood Road under the existing railway (Oxford to Bletchley line) and terminating at a point 15 metres north-east of its commencement.

Work No.27 – Realignment of the Moco Farm access road and Footpath SWA/17/1 (including a bridge over Work No.2), commencing at a point 138 metres south-west of the bridge carrying the existing Moco farm access road over the existing railway (Oxford to Bletchley line) and terminating at a point 332 metres west of the junction of Footpath SWA/17/1 and Footpath SWA/1/1.

Work No.28 – A footbridge carrying Footpaths SWA/1/1 and SWA/1/2 over Work No.2, commencing at a point 121 metres south-east of the junction of Footpath SWA/1/1 with Footpath SWA/17/1 and terminating at a point 17 metres north of its commencement.

Work No.28A – Diversion of Horwood Brook, commencing at a junction with Horwood Brook a point 242 metres north-east of the junction of Footpath SWA/1/1 with Footpath SWA/17/1 and terminating at a junction with Horwood Brook at a point 82 metres north-east of its commencement.

Work No.29 – A footbridge carrying Footpaths LHO/20/1 and MUR/13/1 over Work No.2, commencing at a point 56 metres north of the junction of Footpath LHO/20/1 with Byway MUR/18/2 and terminating at a point 46 meters north-west of its commencement.

Work No.30 – Realignment of Salden Lane (including a bridge over Work No.2), commencing at a point 273 metres south-west of the bridge carrying the existing Salden Wood access road over the existing railway (Oxford to Bletchley line) and terminating at a point 428 metres north of its commencement.

Work No.31 – Realignment of restricted byway MUR/15/1, commencing at a junction with Work No.30 and terminating at a point 377 metres north-east of its commencement.

Work No.32 – Diversion of a high-pressure gas main, commencing at a point 115 metres south-west of the crossing of the existing Salden Wood access road over the existing railway (Oxford to Bletchley line) and terminating at a point 73 metres north-east of its commencement.

In the County of Buckinghamshire, District of Milton Keynes—

Work No.32A – A temporary bridge carrying an access road over Water Eaton Road, commencing at a point 14 metres south-east of the viaduct carrying the existing railway (Oxford to Bletchley line) over Water Eaton Road and terminating at a point 12 metres north-east of its commencement.

Work No.33 – Realignment of Woodley’s Farm access road and Woburn Sands Footpath 002 (including a bridge over the existing railway - Bletchley to Bedford line), commencing at a point 517 metres north-west of the junction of Bow Brickhill Road with the existing Woodley’s Farm access road and terminating at a point 350 metres north-west of its commencement.

In the County of Bedfordshire, District of Central Bedfordshire—

Work No.34 – An access road, commencing at a point 16 metres north-west of Aspley Guise level crossing at a junction with Salford Road and terminating at a point 28 metres north-east of Berry Lane level crossing at a junction with Berry Lane.

Work No.35 – An access road, commencing at a point 39 metres north-east of Berry Lane level crossing at a junction with Berry Lane and terminating at a point 105 metres north of the bridge carrying the Bedford Road over the existing railway (Bletchley to Bedford line).

Work No.36 – An access road, commencing at a point 29 metres south-west of Long Leys level crossing and terminating at a point 653 metres south-east of its commencement at a junction with Bedford Road.

Work No.37 – Realignment of Marston Road (including a bridge over the existing railway - Bletchley to Bedford line), commencing at a point 44 metres east of the roundabout junction of The Lane with Marston Road and terminating at a point 595 metres north-east of its commencement.

In the County of Bedfordshire, District of Bedford—

Work No.38 – Realignment of Manor Road (including a bridge over the existing railway - Bletchley to Bedford line), commencing at a point 11 metres south-west of the Eastwood Cottage building and terminating at a point 550 metres north-west of its commencement and 478 metres south-east of the junction of Woburn Road with Manor Road.

Work No.39 – A footbridge carrying Footpaths KEU1B and KERA1A over the existing railway – (Bletchley to Bedford line), commencing at a point 52 metres north of Woburn Road level crossing level and terminating at a point 44 metres north of its commencement.

In the County of Buckinghamshire, District of Aylesbury Vale—

Work No.40 – A railway (6,899 metres in length), on the course of the existing railway (Aylesbury to Claydon Junction line), commencing at a point 381 metres north-west of the bridge carrying Station Road over the existing railway and terminating at a point 11 metres north-west of the bridge carrying Terry’s access road over the existing railway.

Work No.41 – A footbridge carrying Footpath WAD/3/5 over the Work No.40, commencing at a point 20 metres south-west of North Bucks Way level crossing and terminating at a point 27 metres north-east of its commencement and 15 metres north-west of North Bucks Way level crossing.

Work No.42 – Realignment of Lower Blackgrove Farm access road (including a bridge over Work No.40), commencing at a point 56 metres north-east of 3 Lower Blackgrove Farm Cottage building and terminating at a point 343 metres north-east of its commencement.

Work No.43 – A temporary bridge, carrying an access road over Fleet Marston brook, commencing at a point 91 metres south-west of the bridge carrying the A41 under the existing railway (Aylesbury to Claydon Junction line) and terminating at a point 21 metres east of its commencement.

SCHEDULE 2 — ACQUISITION OF LAND FOR ANCILLARY WORKS

(1) Area	(2) Number of land shown on the deposited plans	(3) Purposes for which land may be acquired
In the County of Oxfordshire In the District of Cherwell	0036, 0041	Environmental mitigation.
	0113	Environmental mitigation.
	0127, 0128, 0136, 0141	Worksite and access for construction and maintenance and environmental mitigation.
	0133	Environmental mitigation.
	0148	Environmental mitigation.
	0166	Environmental mitigation.
	0169	Worksite and access for construction, environmental mitigation and utility diversions.
	0185	Environmental mitigation and utility diversions.
	0192	Worksite and access for construction.
	0204, 0205	Environmental mitigation.
	0217	Environmental mitigation.
	0223, 0249	Environmental mitigation utility diversions.
	0224, 0227	Maintenance compound.
	0241, 0247, 0248	Environmental mitigation and utility diversions.
	0264	Environmental mitigation.
	0270, 0271	Worksite and access for construction and maintenance.
	0292	Environmental mitigation.
	0305	Environmental mitigation.
In the County of Buckinghamshire In the District of Aylesbury Vale	0324, 0329, 0332	Environmental mitigation.
	0336a	Environmental mitigation.
	0345	Worksite and access for construction and maintenance.
	0363	Environmental mitigation.
	0372, 0373	Environmental mitigation.
	0379, 0380	Worksite and access for construction.
	0382, 0383	Worksite and access for construction.
	0390	Environmental mitigation.
	0391, 0392	Worksite and access for construction.
	0393	Worksite and access for construction.
	0397	Environmental mitigation.
	0407, 0408, 0409, 0410	Worksite and access for construction and maintenance and vehicle restraint barrier.
	0414, 0415	Reprofiling of embankments and vehicle restraint barrier.
	0420, 0423	Reprofiling of embankments and vehicle restraint barrier.
	0438	Environmental mitigation.
	0450, 0455, 0459	Worksite and access for construction and maintenance compound.
	0476	Environmental mitigation.
	0480	Environmental mitigation.
	0491	Environmental mitigation.
	0494	Environmental mitigation.
	0524	Environmental mitigation.
	0526	Environmental mitigation.
	0532, 0534	Worksite and access for construction and maintenance compound.
	0533	Environmental mitigation.
	0578	Environmental mitigation.
	0585	Worksite and access for construction and maintenance compound.
	0613	Environmental mitigation and creation of a new public right of way.
	0622, 0623, 0628, 0630	Worksite and access for construction and maintenance, environmental Mitigation and vehicle restraint barrier.
	0624, 0626	Environmental mitigation.
	0635	Environmental mitigation.
	0644	Environmental mitigation.
	0646	Environmental mitigation and creation of a new public right of way.
	0653	Environmental mitigation.
	0663	Environmental mitigation.
	0677	Environmental mitigation.
	0681, 0683	Environmental mitigation.
	0713	Worksite and access for construction and maintenance compound.
	0717, 0724	Environmental mitigation.
	0738	Environmental mitigation.
	0745	Environmental mitigation.
	0756	Environmental mitigation.
	0786a	Environmental mitigation.
	0787	Environmental mitigation.
	0809	Worksite and access for construction and maintenance.
	0823	Environmental mitigation.
	0834	Environmental mitigation.
	0884a	Worksite and access for construction and maintenance.
	0868	Worksite and access for construction, a maintenance compound and environmental mitigation.
	0904, 0907, 0909	Worksite and access for construction and maintenance compound.
	0911, 0917, 0921, 0930	Environmental mitigation and access for maintenance.
	0912a	Worksite and access for construction and maintenance.
	0928	Environmental mitigation.
	0934	Environmental mitigation.
	0945, 0951	Worksite and access for construction and maintenance compound.
	0948, 0954, 0955	Environmental mitigation.
	0953, 0956	Worksite and access for construction and maintenance, environmental mitigation and vehicle restraint barrier.
	0963	Environmental mitigation.
	0965	Environmental mitigation.
	0977, 0978	Worksite and access for construction and maintenance.
	0981	Environmental mitigation.
	0986, 0987, 0993	Environmental mitigation.
In the County of Buckinghamshire In the District of Milton Keynes	1029, 1032, 1033	Environmental mitigation.
	1056	Worksite and access for construction and environmental mitigation.
	1101, 1102, 1104, 1105, 1108, 1110, 1111	Worksite and access for construction and creation of a new public right of way.
	1121	Environmental mitigation.
	1127	Extension of platforms.
	1131	Worksite and access for construction and permanent access to station.
	1140, 1144	Worksite and access for construction and environmental mitigation.
In the County of Bedfordshire In the District of Central Bedfordshire	1152	Environmental mitigation.
	1154	Environmental mitigation.
	1163, 1163a, 1163b, 1163c, 1163d	Extinguishment of level crossing and worksite and access for construction.
	1165, 1165a, 1165b, 1165c, 1165d	Extinguishment of level crossing and worksite and access for construction.
	1171	Environmental mitigation.
	1195	Environmental mitigation.
	1204, 1208, 1212	Extension of platforms.
	1225	Station improvements.
	1238,1238a, 1238b	Extinguishment of level crossing.
	1255	Environmental mitigation.
	1257	Extinguishment of level crossing.
	1270	Environmental Mitigation.
	1276, 1281	Environmental mitigation and worksite and access for construction.
	1287	Worksite and access for construction and environmental mitigation.
	1292	Environmental mitigation.
In the County of Bedfordshire In the District of Bedford	1299, 1300	Environmental mitigation.
	1311	Worksite and access for construction.
	1319	Environmental mitigation.
	1320	Worksite and access for construction.
	1333, 1333b	Worksite and access for construction.
In the County of Buckinghamshire In the District of Aylesbury Vale	1349	Provision of structure for environmental mitigation
	1365	Environmental mitigation.
	1370	Worksite and access for construction and maintenance and vehicle restraint barrier.
	1372	Worksite and access for construction and maintenance compound.
	1374	Worksite and access for construction and maintenance and vehicle restraint barrier.
	1387, 1391, 1393	Worksite and access for construction.
	1388	Reprofiling of embankments and vehicle restraint barrier.
	1400	Environmental mitigation.
	1409	Environmental mitigation.
	1422, 1424	Worksite and access for construction and maintenance compound.
	1427	Environmental mitigation.
	1444	Environmental mitigation and worksite and access for construction.
	1445	Environmental mitigation and worksite and access for construction.
	1449	Environmental mitigation.
	1456	Environmental mitigation.
	1465	Environmental mitigation.
	1469	Embankment works.
	1470	Embankment works.
	1473	Environmental mitigation.
	1474	Embankment works.
	1477	Embankment works.
	1479	Embankment works and environmental mitigation.
	1491	Environmental mitigation.

SCHEDULE 3 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which rights may be acquired
In the County of Oxfordshire In the District of Cherwell	0043, 0046	Access for construction, maintenance and utilities.
	0091, 0092, 0104	Access for construction, maintenance and utilities.
	0162a, 0162b	Access for construction and maintenance.
	0168	Access for construction and maintenance.
	0184	Access for construction and maintenance.
	0198, 0198a	Utility diversions.
	0216	New right of access for a third party.
	0245	New right of access for a third party.
	0252	New right of access for a third party.
	0255	New right of access for a third party and utility diversions.
	0259	Utility diversions.
	0260	New right of access for a third party.
In the County of Buckinghamshire In the District of Aylesbury Vale	0356	Access for maintenance.
	0375	Access for maintenance.
	0442a, 0442b	Utilities and access for maintenance.
	0454a	Access for utilities.
	0479	Access for maintenance.
	0490a	Access for maintenance.
	0519c, 0519d, 0543	Access for maintenance.
	0647	Access for construction and maintenance.
	0670	Access for maintenance.
	0679, 0679a	Access for maintenance.
	0706, 0712	Access for construction and maintenance.
	0725, 0729, 0731	Access for construction and maintenance.
	0799, 0806	Access for maintenance.
	0830, 0837	Access for construction and maintenance.
	0844, 847, 856, 860	Access for construction and maintenance.
	0884b	Access for maintenance.
	0910, 0918	Access for maintenance and a new right of access for a third party.
	0926	Right of access for maintenance.
In the County of Buckinghamshire In the District of Milton Keynes	1044	Access for maintenance.
	1060, 1061, 1062	Access for construction and maintenance.
	1122a, 1122b, 1124	Access for construction and maintenance.
	1135	Access for construction and maintenance.
In the County of Bedfordshire In the District of Central Bedfordshire	1185, 1188, 1189, 1190, 1192	Access for construction, maintenance and creation of a new public right of way.
	1194	Access for maintenance.
	1291	Access for maintenance.
	1316	Access for maintenance.
	1361a, 1370a	Access for maintenance.
	1346, 1347, 1348	Access for construction and maintenance.
In the County of Buckinghamshire In the District of Aylesbury Vale	1386, 1390	Access for construction and maintenance.
	1393a, 1394, 1395,	Access for maintenance.
	1401, 1402	Access for maintenance.
	1426, 1429	Access for maintenance.
	1447	Access for maintenance.
	1450a, 1452, 1454	Access for maintenance.
	1461	Access for construction.
	1480a	Access for utilities.
	1480, 1481a, 1488, 1489	Access for maintenance.
	1493a	Access for maintenance and utilities.

SCHEDULE 4 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN