The Llangollen and Corwen Railway Order 2010

SCHEDULES

Article 4(1)

SCHEDULE 1 SCHEDULED WORK

In the county of Denbighshire, community of Corwen—

• A railway (3810 metres in length) commencing at a point 155 metres north-east of the junction of Green Lane with London Road extending along the course of the former railway and terminating at a point 160 metres west of the western end of Carrog Station by a junction within the existing railway.

Article 5(3)

SCHEDULE 2 ADDITIONAL WORKS

(1)	(2)
Lands	Additional works
Within the area shown hatched on sheet 1 of the works plans	Removal of embankment of former railway.
Between points A1, A2, A3 and A4 on sheet 1 of the works plans	Provision of temporary access road.
Between points B1, B2, B3 and B4 on sheet 1 of the works plans	Provision of permanent access road.
Between points C1 and C2 on sheet 1 of the works plans	Closure and removal of existing access road.
Between points D1, D2, D3 and D4 on sheet 1 of the works plans	Provision of a new station building together with ancillary facilities.

Article 7

SCHEDULE 3 ACCESS TO WORKS

(1)	(2)
Location	Highway
In the community of Corwen, at points B1 and B2 on Sheet 1 of the works plan.	Green Lane

Article 21

SCHEDULE 4 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

1.—(1) The following provisions shall apply for the protection of the Environment Agency unless otherwise agreed in writing between the undertaker and the Environment Agency.

(2) In this Schedule—

• “construction” (“adeiladu”) shall include execution, placing, altering, replacing, relaying and removal and “construct” (“adeiledir”) and “constructed” (“adeiladwyd”) shall be construed accordingly;

• “damage” (“difrod”) shall include scouring, erosion and environmental damage and “damaged” (“wedi'i ddifrodi”, “ac a ddifrodwyd”) shall be construed accordingly;

• “drainage work” (“gwaith traenio”) shall mean any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;

• “the fishery” (“y bysgodfa”) shall mean any waters containing fish and fish in, or migrating to or from, such waters and the spawn, habitat or food of such fish;

• “plans” (“planiau”) shall include sections, drawings, specifications and method statements;

• “specified work” (“gwaith penodedig”) shall mean so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a watercourse or is otherwise likely to—

  (a)

  affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

  (b)

  affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

  (c)

  cause obstruction to the free passage of fish or damage to any fishery; or

  (d)

  affect the conservation, distribution or use of water resources; and

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

2.—(1) Before beginning to construct any specified work, the undertaker shall submit to the Environment Agency plans of the specified work and such further particulars available to it as the Environment Agency may within 28 days of the submission of the plans reasonably require.

(2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Environment Agency, or determined under paragraph 13.

(3) Any approval of the Environment Agency required under this paragraph

(a) shall not be unreasonably withheld;

(b) shall be deemed to have been given if it is neither given nor refused in writing within 2 months of the submission of the plans for approval and in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c) may be given subject to such reasonable requirements as the Environment Agency may make for the protection of any drainage work or fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental and recreational duties.

(4) The Environment Agency shall use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

3.  In particular the requirements which the Environment Agency may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary–

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work.

4.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Environment Agency under paragraph 3, shall be constructed—

(i) with all reasonable despatch in accordance with the plans approved or deemed to have been approved or settled under this Schedule; and

(ii) to the reasonable satisfaction of the Environment Agency,

and the Environment Agency shall be entitled by its officer to watch and inspect the construction of such works.

(2) The undertaker shall give to the Environment Agency not less than 14 days' notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

(3) If any part of the authorised works comprising a structure in, over or under a drainage work is constructed otherwise than in accordance with the requirements of this Schedule, the Environment Agency may by notice in writing require the undertaker, at the undertaker’s own expense, to comply with the requirements of this Schedule or (if the undertaker so elects and the Environment Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the authorised work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Environment Agency reasonably requires.

(4) Subject to sub-paragraph (5) and paragraph 8, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Environment Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

(5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which a notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Environment Agency shall not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

5.—(1) Subject to the provisions of this Schedule and except to the extent that the Environment Agency or another person is liable to maintain any such work and is not precluded by the exercise of the powers conferred by this Order from doing so, the undertaker shall from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation or on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Environment Agency, the Environment Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Environment Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Environment Agency reasonably requires.

(3) Subject to paragraph 8, if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Environment Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Environment Agency shall not, except in a case of an emergency, exercise the powers conferred by sub-paragraph (3) above until the dispute has been finally determined.

6.  Subject to paragraph 8, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Environment Agency and if the undertaker fails to do so, the Environment Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.

7.—(1) The undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.

(2) If by reason of—

(i) the construction of any specified work; or

(ii) the failure of any such work,

damage to the fishery is caused, or the Environment Agency has reason to expect that such damage may be caused, the Environment Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

(3) Subject to paragraph 8, if, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Environment Agency of any damage or expected damage to the fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Environment Agency may take those steps and may recover from the undertaker the expense reasonably incurred by it in doing so.

(4) Subject to paragraph 8, in any case where immediate action by the Environment Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Environment Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker the reasonable cost of so doing provided that a notice specifying those steps is served on the undertaker as soon as is reasonably practicable after the Environment Agency has taken, or commenced to take, the steps specified in the notice.

8.  Nothing in paragraphs 4(4), 5(3), 6, 7(3) and (4) shall authorise the Environment Agency to execute works on or affecting any operational railway without the consent of the undertaker, such consent not to be unreasonably withheld.

9.  The undertaker shall indemnify the Environment Agency in respect of all costs, charges and expenses which the Environment Agency may reasonably incur or have to pay or which it may sustain—

(a) in the examination or approval of plans under this Schedule; and

(b) in the inspection of the construction of the specified works or any protective works required by the Environment Agency under this Schedule.

10.—(1) Without affecting the other provisions of this Schedule, the undertaker shall indemnify the Environment Agency from all claims, demands, proceedings, costs, damages, expenses or loss which may be made or taken against, recovered from or incurred by the Environment Agency by reason of–

(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b) any damage to the fishery;

(c) any raising or lowering of the water table in land adjoining the works authorised by this Order or any sewers, drains and watercourses;

(d) any flooding or increased flooding of any such lands; or

(e) inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by, or results from, the construction of any of the works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.

(2) The Environment Agency shall give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise of it shall be made without the agreement of the undertaker which shall not be unreasonably withheld.

11.  The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Environment Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under the provisions of this Schedule.

12.  For the purposes of Chapter 2 of Part 2 of the Water Resources Act 1991(1) (abstraction and impounding of water) and section 109 of that Act (as to structures in, over or under watercourses) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Environment Agency under this Schedule with respect to such construction shall be deemed also to constitute a licence under that Chapter to obstruct or impede the flow of inland waters at that point by means of impounding works or, as the case may be, a consent or approval under section 109, and the undertaker shall not be obliged to serve any notice which would otherwise be required by section 30 of the said Act of 1991 (which relates to the construction of boreholes and similar works in respect of which a licence is not required).

13.  Any dispute arising between the undertaker and the Environment Agency under this Schedule (other than a difference as to its meaning or construction) shall, if the parties agree, be determined by arbitration under article 26 (arbitration), but shall otherwise be determined by the Welsh Ministers on a reference to them by the undertaker or the Environment Agency, after notice in writing by one to the other.

Article 22

SCHEDULE 5 FOR THE PROTECTION OF DŵR CYMRU CYFYNGEDIG

1.  For the protection of Dŵr Cymru Cyfyngedig (“the Company) the following provisions shall, unless otherwise agreed in writing between the undertaker and the Company, have effect in relation to the carrying out of the authorised works or the exercise of any other powers conferred by this Order.

2.  In this Schedule—

• “the 1991 Act” (“Deddf 1991”) means the New Roads and Street Works Act 1991;

• “functions” (“swyddogaethau”) includes powers and duties;

• “in” (“mewn”), in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus over, under or upon land;

• “relevant pipe” (“pibell berthnasol”) means:

  (a)

  any mains, pipes or other apparatus belonging to or maintained by the Company for the purposes of water supply; and

  (b)

  any drain or works vested in the Company under the Water Industry Act 1991(2); and

  (c)

  any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an Agreement to adopt made under section 104 of that Act, including a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which a relevant pipe is or is to be located or which gives or will give access to the relevant pipe;

• “work” (“gwaith”) means any of the authorised works.

3.  This Schedule does not apply to apparatus in respect of which the relations between the undertaker and the Company are regulated by the provisions of Part 3 of the 1991 Act.

4.  Nothing in this Order shall authorise the undertaker to raise, sink or otherwise alter the position of, or in any way to interfere with, a relevant pipe without the consent in writing of the Company, such consent not to be unreasonably withheld.

5.  Before commencing the construction, alteration or reconstruction of any work which will or may be situated over or within 15 metres measured in any direction of, or (wherever situated) impose any load directly upon, a relevant pipe the undertaker shall furnish to the Company such proper and sufficient plans of the work as may reasonably be required by the Company and shall not commence the work until such plans thereof have been approved in writing by the Company (which approval shall not be unreasonably withheld) or settled by arbitration under article 26.

6.  If within 56 days of plans being furnished to the Company under paragraph 5 the Company does not indicate in writing its disapproval and the grounds of its disapproval it shall be deemed to have approved the plans as furnished.

7.  The Company may as a condition of its approval of the said plans require any such modification to be made as may be reasonably required to secure a relevant pipe against interference or risk of damage and to secure a convenient means of access to it and the work shall be executed only in accordance with the plans approved in accordance with this schedule.

8.  The approval of the Company of any plans under this article shall not (in the absence of negligence on the part of the Company) exonerate the undertaker from any liability or affect any claim for compensation under this schedule.

9.  Where a relevant pipe is situated in or under any land owned or held for the purposes of the railways and is not removed or diverted the undertaker shall at its own expense maintain all culverts over such relevant pipes which are in existence at the coming into force of this Order so as to leave that relevant pipe accessible for the purposes of repairs.

10.  Nothing in paragraph 9 shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert which the Company or any other person is liable to maintain.

11.  The undertaker shall afford reasonable facilities to the Company for the execution and doing of all such works and things as may be reasonably necessary to enable it to inspect, repair, maintain, renew, replace, remove, alter or use a relevant pipe and in particular to carry out any protective works or any diversion required by reason of the exercise of the powers of this Order.

12.—(1) Where, in accordance with the provisions of this Schedule, the undertaker affords for the purposes of the authorised works to the Company facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights subject to paragraph 12 (2) shall be granted upon the same terms and conditions as those pertaining to the substituted apparatus and if there is any dispute as to those terms and conditions, the dispute shall be referred to arbitration in accordance with article 26.

(2) In settling terms and conditions for the purposes of paragraph 12(1) in respect of the alternative apparatus to be constructed in or along any railway of the undertaker, the arbitrator shall—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the railways and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker or the traffic on the railways; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions if any applicable to the apparatus constructed in or along the railways for which the alternative apparatus is to be substituted.

13.—(1) Subject to the following provisions of this paragraph, the undertaker shall repay to the Company the reasonable expenses incurred by the Company in, or in connection with, the inspection, removal, alteration or protection of any relevant pipe or the construction of any new relevant pipe which may be required in consequence of the execution of any of the authorised works.

(2) If in accordance with the provisions of this Schedule apparatus of greater capacity or of greater dimensions is placed in substitution for existing apparatus of smaller capacity or of smaller dimensions and the placing of apparatus of that capacity or those dimensions, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 26 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 capacity or dimensions as the case may be, the amount which apart from this paragraph would be payable to the Company by virtue of sub-paragraph (1), shall be reduced by the amount of that excess.

(3) For the purposes of sub-paragraph (2) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as placing of apparatus of greater dimensions than those of the existing apparatus.

(4) An amount which apart from this sub-paragraph would be payable to the Company in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 8 years earlier so as to confer on the Company any financial benefit by deferment of the time for renewal of the apparatus in the normal course, be reduced by the amount which represents that benefit.

14.—(1) Subject to sub–paragraphs (2) and (3), if by reason or in consequence of the construction of any of the authorised works, any damage is caused to any 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 property of the Company, or there is any interruption in any service provided, or in the supply of any goods, by the Company, the undertaker shall-

(a) bear and pay the cost reasonably incurred by the Company in making good such damage or restoring the supply; and

(b) make reasonable compensation to the Company for any other expenses, loss, damages, penalty or costs incurred by the Company, by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) shall impose 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 the Company, its officers, servants, contractors or agents.

(3) The Company shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertaker, which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

15.  Nothing in this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and the Company in respect of any apparatus laid or erected in the former railway before the date on which this Order is made.

16.  Any difference arising between the undertaker and the Company under this article (other than a difference as to its meaning or construction) shall be determined by arbitration under article 26.

(1)

1991 c. 57

(2)

1991 c. 56