Summary
This Order, effective 17th October 1997, authorizes North Tyneside Council to construct and operate a 1015-metre extension of the North Tyneside Steam Railway (a heritage railway), including a level crossing on St. Stephen's Way. The Order incorporates numerous Victorian railway statutes (Railways Clauses Consolidation Act 1845), grants powers for deviation from approved plans/levels, apparatus alteration, water drainage, street works, and traffic management. It establishes safety requirements at the level crossing, prescribes administrative provisions for notices and arbitration, and applies various Transport Act provisions to the railway.
Reason
This Order grants a local authority significant compulsory purchase-style powers and special privileges to construct railway infrastructure that should be negotiated through private contracts. The incorporated Victorian legislation (1845 Acts) reflects an era when government franchises created monopolies; modern free-market principles favor direct negotiation between private parties. While heritage railways serve legitimate tourist purposes, the Council should not have statutory powers to interfere with streets, watercourses, and private property against owners' wishes. Any railway extension should be built through voluntary arrangements, not special parliamentary privileges that bypass normal property rights processes.