The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026

The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026 (S.I. 2026 No. 591) represents a significant legal development for infrastructure projects in Great Britain, specifically facilitating the ongoing construction of the Old Oak Common station. This Order, made under the Transport and Works Act 1992, grants Network Rail Infrastructure Limited powers for the compulsory acquisition of rights over land and the temporary use of land. These powers are crucial for establishing a temporary road-rail vehicle access point and a construction compound on the Great Western Mainline, essential for the delivery of the Old Oak Common station and the provision of a permanent maintenance access point. The article examines the statutory basis, scope of powers, and implications for affected landowners and legal practitioners, highlighting the interplay between various compulsory purchase and land compensation statutes.

The landscape of major infrastructure development in the United Kingdom is frequently shaped by bespoke statutory instruments designed to confer necessary powers on project promoters. The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026, designated S.I. 2026 No. 591, is one such instrument, coming into force on 24th June 2026. This Order is pivotal for the continued progress of the Old Oak Common station, a critical component of the High Speed 2 (HS2) network and a future transport super-hub in West London.

At its core, the Order empowers Network Rail to compulsorily acquire rights over specified land and to take temporary possession of other land. These powers are directly linked to the creation of a temporary road-rail vehicle access point onto the Great Western Mainline and the establishment of a construction compound, both indispensable for the efficient delivery of the Old Oak Common station and its associated permanent maintenance access. For legal practitioners, understanding the nuances of this Order, its enabling legislation, and the broader framework of compulsory purchase and land compensation is vital, particularly for advising clients whose interests may be affected by such expansive infrastructure schemes.

The legal authority for Orders such as S.I. 2026 No. 591 stems primarily from the Transport and Works Act 1992 (TWA 1992). This Act provides a mechanism for authorising the construction and operation of railways, tramways, and other guided transport systems, including the necessary powers for land acquisition. Under the TWA 1992, a promoter, in this case Network Rail, can apply to the Secretary of State for an Order that grants a range of powers to implement a scheme.

The Old Oak Common station itself is a cornerstone of the High Speed Rail (London - West Midlands) Act 2017, which authorised the construction and maintenance of Phase One of HS2. The station is designed to be one of the largest rail hubs in London, integrating HS2 services with the Great Western Main Line, Elizabeth line, and Heathrow Express services, and is projected to serve 250,000 passengers daily. The sheer scale and complexity of such a project necessitate robust legal mechanisms for land assembly and temporary occupation, which the 2026 Order now provides for a specific, critical aspect of the station's delivery. The general principles of compulsory acquisition in the UK are governed by statutes such as the Compulsory Purchase Act 1965, the Land Compensation Act 1961, and the Land Compensation Act 1973, which collectively establish the framework for acquiring land and compensating affected parties.

The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026 confers specific and extensive powers on Network Rail. Article 4 of the Order applies Part 1 of the Compulsory Purchase Act 1965, with modifications, to the acquisition of interests in land, while Article 5 applies the Compulsory Purchase (Vesting Declarations) Act 1981. This means that Network Rail can compulsorily acquire new rights over land, as specified in Schedule 1 of the Order, for purposes such as creating access points. Furthermore, Article 7 grants powers for the temporary use of land, allowing Network Rail to occupy and utilise designated plots, detailed in Schedule 2, as a temporary construction compound, including the provision of a temporary ramp.

Crucially, the Order stipulates conditions for temporary possession, including a maximum period of occupation, generally until 31 January 2030, unless otherwise agreed with landowners. Upon relinquishing possession, Network Rail is obligated to remove temporary works and restore the land to the reasonable satisfaction of the owners. This provision is vital for protecting landowners' interests, ensuring that temporary disruption does not translate into permanent detriment without appropriate remediation. The broader context of temporary possession powers has been a subject of reform, with the Neighbourhood Planning Act 2017 introducing new provisions, though not yet fully commenced, underscoring the importance of such powers for major infrastructure schemes.

Compensation for compulsory acquisition and temporary possession is a central concern for affected parties. The Land Compensation Act 1961 dictates that compensation for permanently acquired land is assessed on an “open market” basis. For temporary possession, compensation is payable for loss and damage arising during or as a result of the temporary occupation. Practitioners must be aware of the statutory limitation periods for claiming compensation, typically six years from the relevant trigger event. The Order also includes provisions for the extinction or suspension of private rights of way (Article 8) and for arbitration in case of disputes (Article 12), providing mechanisms for resolving conflicts that may arise during the exercise of these powers. The Secretary of State's decision letter, following an inquiry, confirms the approval to confer these powers, highlighting the public interest justification for such interference with private rights.

The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026 is a critical legal instrument enabling the continued development of the Old Oak Common station, a project of national significance. For legal practitioners, this Order underscores the ongoing need for vigilance and expertise in the areas of compulsory purchase, land compensation, and infrastructure planning. Advising clients affected by such orders requires a thorough understanding of the specific powers conferred, the procedural safeguards available, and the principles governing compensation.

Practitioners should meticulously review the Order's schedules to identify affected land and rights, counsel clients on their rights to object or seek compensation, and ensure compliance with all statutory timelines. The interplay between the TWA 1992, the Compulsory Purchase Acts, and the Land Compensation Acts demands a holistic approach to protecting clients' interests. As major infrastructure projects continue to shape the UK's landscape, the legal community must remain adept at navigating these complex statutory frameworks to ensure fair outcomes for all stakeholders.