The Network Rail (Church Fenton Level Crossing Reduction) Order 2024

Principal powers

Power to construct and maintain works

6.—(1) Network Rail may construct and maintain the scheduled works.

(2) Subject to article 7 (power to deviate) the scheduled works may only be constructed in the lines or situations shown on the deposited plan and in accordance with the levels shown on the deposited sections.

(3) Network Rail may on the land specified in columns (1) and (2) of Part 1 (ancillary works) of Schedule 2 (acquisition of land for ancillary and associated works) carry out and maintain any works specified in relation to that land in column (3) of that Schedule with all works as may be necessary or expedient in connection with those works.

(4) Network Rail may on land specified in columns (1) and (2) of Schedule 3 (acquisition of new rights only) carry out and maintain any works specified in relation to that land in column (3) of that Schedule with all works as may be necessary or expedient in connection with those works.

(5) Subject to paragraph (7), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

(a) buildings, yards, machinery, plant, apparatus, track drainage works, fencing, platforms, platform shelters, and other works and conveniences;

(b) make, provide and maintain all such approaches, ramps, footbridges, subway, lifts, stairs, passages, shafts and stagings, means of access , turning places, footpaths, bridleways, cycle tracks , gates, including temporary means of access from a highway to adjoining land;

(c) embankments, cuttings, aprons, abutments, retaining walls, wing walls and culverts;

(d) works to install or alter the position of apparatus, including mains, sewers, drains and cables;

(e) works to alter or remove any structure erected upon any highway or adjoining land; and

(f) works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse.

(6) Subject to paragraph (7), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.

(7) Paragraphs (5) and (6) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

(a) land specified in columns (1) and (2) of Part 1 (ancillary works) of Schedule 2 (acquisition of land for ancillary and associated works) for the purpose specified in column (3) of that Schedule; or

(b) land specified in columns (1) and (2) of Schedule 4 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule and in relation to the authorised works specified in column (4) of that Schedule.

(8) Network Rail may, within the Order limits, but excluding land specified within Part 2 (associated works) of Schedule 2—

(a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and

(b) carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph).

Power to deviate

7.  In constructing or maintaining any of the scheduled works, Network Rail may—

(a) deviate laterally from the lines or situations shown on the deposited plan to the extent of the limits of deviation for that work; and

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

(i) to any extent upwards not exceeding 1 metre; or

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