The Transport and Works Act 1992

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

The Network Rail (Tinsley Chord) Order

NOTICE OF APPLICATION FOR AN ORDER

Network Rail Infrastructure Limited (“Network Rail”) of 1 Eversholt Street, London NW1 2DN and South Yorkshire Passenger Transport Executive (“SYPTE”) of 11 Broad Street West, Sheffield, South Yorkshire S1 2BQ are applying to the Secretary of State for Transport under section 6 of the Transport and Works Act 1992 for the above-mentioned Order under section 1 of that Act.

The Order would authorise Network Rail and SYPTE to construct and operate a short section of tramway and ancillary works at Tinsley, in the City of Sheffield, forming an extension of the South Yorkshire Supertram system to connect the Supertram and Network Rail networks on which tram trains may operate.

The Order makes provision for the incorporation of provisions of the Railways Clauses Consolidation Act 1845, for certain legislative provisions relating to railways not to apply to the works authorised under the Order and for the repeal and application of certain enactments relating to the Supertram system.

The Order also makes provision for Network Rail and SYPTE to enter into agreements with respect to the works authorised by the Order, for the works to be constructed so as to carry them on the level across a specified access track and for the discharge of water. The Order confers power to carry out protective works to buildings, roads and apparatus and to survey and investigate land, makes provision in respect of the mode of construction and operation of the works and for it to be an offence to interfere with the construction of the works.

The Order confers powers for the compulsory acquisition of land for the purposes of the works and for ancillary purposes. The Order would provide power to acquire easements or other rights in land, the temporary use of land for the construction and maintenance of works, to disregard certain interests and improvements in land and for the set-off in any enhancement in the value of land in assessing compensation payable. The Order would also confer powers for the acquisition of part only of certain properties, the extinction or suspension of private rights of way and provides a time limit of five years for the exercise of the powers of compulsory acquisition conferred by the Order. In relation to the compulsory acquisition of land under the Order, the Order provides for the application of Part 1 of the Compulsory Purchase Act 1965 and for the application and modification of the Compulsory Purchase (Vesting Declarations) Act 1981.

The Order would provide a defence to proceedings in respect of statutory nuisance, provision to charge fares, to operate and use the authorised works and for treating any deemed planning permission which is granted in relation to the authorised works as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990.

The Order makes provision in respect of the application of landlord and tenant law in relation to agreements relating to the authorised works and provides powers to lop overhanging trees and to contract for police services and makes it an offence to trespass on the authorised works or land and to disclose confidential information. The Order also makes provision for the removal of obstructions on the authorised works and for tram trains using the works to be deemed to be public service vehicles. The Order makes provision in respect of statutory undertakers and includes protective and ancillary provisions.

The Secretary of State has determined that the application is not to be made subject to an environmental impact assessment.

The application contains a statement that a direction for deemed planning permission is being applied for.

A copy of the application for the Order, and of all plans and other documents submitted with it may be inspected free of charge from 13 March 2015 to 28 April 2015 at the places and at the times set out in the Schedule to this notice.

A copy of the application for the Order, and of all plans and other documents submitted with it, may also be viewed at www.networkrail.co.uk/improvements/tinsley-chord/

Copies of that information may be obtained from Network Rail, George Stephenson House, Toft Green, York YO1 6JT. A charge may be payable.

Any objections to, or other representations about, the proposals in the application should be sent to the Secretary of State for Transport c/o Transport and Works Act Orders Unit, General Counsel’s Office, Department for Transport, Zone 1/18, Great Minster House, 33 Horseferry Road, London SW1P 4DR (e-mail: transportandworksact@dft.gsi.gov.uk). An objection or other representation MUST (i) be received by the Secretary of State on or before 28 April 2015, (ii) be made in writing (whether sent by post or e-mail), (iii) state the grounds of the objection or other representation, (iv) indicate who is making the objection or other representation, and (v) give an address to which correspondence relating to the objection or other representation may be sent. (If you are sending your objection or other representation by e-mail, please provide a postal address.)

The Secretary of State may make complete copies of the objections and other representations public, including any personal information contained in them, and will copy them to the applicant for the Order.

Eversheds LLP, Solicitors and Parliamentary Agents, One Wood Street, London EC2V 7WS

On behalf of Network Rail Infrastructure Limited and South Yorkshire Passenger Transport Executive

Dated: 10 March 2015

SCHEDULE