SCHEDULES

SCHEDULE 10PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF RAILWAY INTERESTS

4.  The undertaker must not exercise the powers conferred by—

(a)article 3 (development consent etc. granted by the Order);

(b)article 4 (power to maintain the authorised project);

(c)article 13 (access to works);

(d)article 17 (discharge of water);

(e)article 19 (authority to survey and investigate the land onshore);

(f)article 22 (compulsory acquisition of land);

(g)article 23 (time limit for exercise of authority to acquire land compulsorily or to take land temporarily)

(h)article 24 (compulsory acquisition of rights and imposition of restrictive covenants);

(i)article 26 (power to override easements and other rights);

(j)article 29 (acquisition of subsoil or airspace only);

(k)article 31 (temporary use of land for carrying out the authorised project);

(l)article 32 (temporary use of land for maintaining the authorised project);

(m)article 33 (compulsory acquisition of land – incorporation of the mineral code)

(n)article 34 (statutory undertakers);

(o)article 42 (felling or lopping of trees and removal of hedgerows);

(p)article 43 (trees subject to tree preservation orders);

(q)the powers conferred by section 11(3) (power of entry) of the 1965 Act;

(r)the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;

(s)the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016;

(t)any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017; or

(u)other provisions where the exercise of the powers under that provision would impact on railway property,

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.