HC Deb 25 October 1916 vol 86 cc1213-5

(1) Where, in the exercise of any prerogative right of His Majesty or any powers conferred by or under any enactment relating to the defence of the realm for purposes connected with the present war, any railway or tramway or any cable, line or pipes have been laid along, across, over or under any public highway, it shall be lawful, after the termination of the War, for the railway or tramway or the cable, line or pipes to continue to be used and maintained along, across, over, or under the highway, subject to such conditions as the Board of Trade, after giving the local authority and the authority or person responsible for the maintenance of the highway or of any other railway or tramway laid thereon an opportunity of being heard, may by order prescribe, and any such authority or person may apply to the Board to make such an order.

(2) In the event of the use of any such railway or tramway being discontinued, the Government Department by whom it was laid down or used shall take up and remove the rails and restore the road or street on which they are laid to the satisfaction of the local authority responsible for the maintenance of such road or street.

(3) Where in exercise of any such right or powers as aforesaid any public highway has been closed, it may be kept closed after the termination of the present War, but not, by virtue of this Section, beyond the expiration of twelve months after such termination unless the consent of the Commission is obtained, and the Commission before giving such consent shall give to the local authority and the authority or person responsible for the maintenance of the highway an opportunity of being heard, and the Commission may require as a condition of their consent the provision of another highway in the place of the highway so closed, and any person interested in any land adjoining any highway so closed who suffers loss or damage in consequence of the closing thereof shall be entitled to such compensation as, in default of agreement, the Commission determine to be the amount of such loss or damage.

Amendments made: In Sub-section (1), after the word "Trade" ["Board of Trade "], insert the words "in the case of railways and tramways, and in other cases as the Commission."

After the word "Board" ["applied to the Board"], insert the words "or Commission."

After the word "order" ["make such an order"], insert the words "Provided that where any such railway or tramway crosses the roadway on the level, it shall not be lawful to use the crossing after the expiration of two years from the termination of the present War, without the consent of the local authority."

In Sub-section (2), leave out the words "local authority" and insert instead thereof the words "authority or person."—[Sir G. Cave.]

Sir G. CAVE

I beg to move, after Subsection (3), to insert the following new Sub-section:

"(4) For the purposes of this Section the expression 'local authority' means, in the case of a borough or urban district, the council of the borough or urban district, and elsewhere the county council."

Sir C. WARNER

All through this Clause the rural district council is left out. Level crossings are a nuisance everywhere, and I think that these powers ought to be in the hands of the district councils.

Sir G. CAVE

District councils are the highway authorities, and therefore they have a right to be consulted. In connection with the power to continue level crossings for two years, it would not be fair to ask the authority to obtain a number of consents. It is difficult to fix on the right authorities, but it appeared to us that we should give the power to the county council, who would take a wide view of the matter.

Amendment agreed to.

Sir NORVAL HELME

In place of the Amendment on the Paper, I beg to move to insert the following new Sub-section:

"(5) Where any such railway, tramway, cable, line or pipes have been laid along, across, over, or under any public highway, or a public highway has been closed in pursuance of an agreement with or subject to any undertaking given to the highway authority, nothing in this Section shall authorise the continuance of the user of the railway, tramway, cable, line or pipes, or the continuance of the closing of the highway, beyond the time specified in the agreement or undertaking, without the consent of the local authority."

We have had an opportunity of conferring with the Government and we recognise their willingness to meet the public interest. I thank them for having met us in the manner they have done.

Mr. G. THORNE

I beg to second the Amendment.

Sir G. CAVE

The Amendment which the hon. Member has moved is in substance to the same effect as the Amendment on the Paper, and we accept it.

Amendment agreed to.