High Speed Rail (London - West Midlands) Bill (HC Bill 132)

(5) Any dispute as to a person’s entitlement to compensation under sub-
paragraph (4), or as to the amount of compensation, must be determined
under and in accordance with Part 1 of the Land Compensation Act 1961.

(6) Nothing in this paragraph affects any liability to pay compensation under
5section 10(2) of the Compulsory Purchase Act 1965 (as applied by section
4(3) to the acquisition of land under section 4(1)) or under any other
enactment, otherwise than for loss for which compensation is payable under
sub-paragraph (4).

5 (1) Before giving up possession of land of which possession has been taken
10under paragraph 1(1) or (2), the nominated undertaker must, in accordance
with a scheme agreed with the owners of the land and the relevant planning
authority, put the land into such condition as the scheme may provide.

(2) If no scheme has been agreed for the purposes of this paragraph within 6
months of the date of completion mentioned in paragraph 4(2) in relation to
15the land, the scheme is to be such as may be determined by the appropriate
Ministers after consulting the nominated undertaker, the owners of the land
and the relevant planning authority.

(3) Unless the owners of the land and the nominated undertaker otherwise
agree, a scheme determined under sub-paragraph (2) must provide for land
20to be restored to its former condition.

(4) Sub-paragraph (3) does not require land on which works referred to in
paragraph 1(1)(b) or 3(1)(d) have been constructed to be restored to its
former condition.

(5) Unless the nominated undertaker otherwise agrees, a scheme determined
25under sub-paragraph (2) may not provide for the nominated undertaker to
replace a structure removed under paragraph 3, other than a fence.

(6) Where the appropriate Ministers ask the relevant planning authority for
assistance in connection with the carrying out by them of their function
under sub-paragraph (2), they may require the nominated undertaker to
30reimburse to the relevant planning authority any expenses which it
reasonably incurs in meeting the request.

(7) The duty under sub-paragraph (1) in relation to any land is owed separately
to the owners of the land and to the relevant planning authority.

(8) Where a scheme for the purposes of this paragraph provides for any step to
35be taken by the nominated undertaker before a specified date and that step
has not been taken before that date, the relevant planning authority may—

(a) enter the land concerned and take that step, and

(b) require the nominated undertaker to reimburse to it any expenses
which it reasonably incurs in acting under paragraph (a).

(9) 40In this paragraph—

• “appropriate Ministers” means the Secretary of State for Communities
  and Local Government and the Secretary of State for Transport and,
  in relation to the carrying out of any function, means those Ministers
  acting jointly;

• 45“relevant planning authority” means the unitary authority or, in a non-
  unitary area, the district council in whose area the land is situated.

Part 2 Temporary possession for maintenance of works

Right to enter upon and take possession of land

6 (1) At any time during the maintenance period relating to any of the scheduled
5works, the nominated undertaker may—

(a) enter upon and take possession of any land which is—

(i) within 20 metres from that work, and

(ii) within the Act limits,

if possession of the land is reasonably required for the purposes of or
10in connection with maintaining the work or any ancillary works
connected with it, and

(b) construct on the land such temporary works (including the provision
of means of access) and structures as may be reasonably so required,
unless the land is specified in the table in Part 4 of this Schedule.

(2) 15Sub-paragraph (1) does not authorise the nominated undertaker to take
possession of—

(a) a house, any other structure which is for the time being occupied, or
a garden belonging to a house, or

(b) land which is subject to a restricted power of compulsory
20acquisition.

(3) The nominated undertaker may only remain in possession of the land for so
long as may be reasonably required to carry out the maintenance works for
which possession of the land was taken.

(4) In this paragraph—

(a) 25“the maintenance period”, in relation to any work, means the period
beginning with the date on which the work is completed and ending
5 years after the date on which it is brought into general use;

(b) “structure” includes any erection;

(c) the reference in sub-paragraph (1)(a) to land within a specified
30distance of a work includes, in the case of a work under the surface
of the ground, a reference to land within the specified distance of any
point on the surface below which the work is situated.

Procedure and compensation

7 (1) Not less than 28 days before entering upon and taking possession of land
35under paragraph 6, the nominated undertaker must give notice to the
owners and occupiers of the land of its intention to do so.

(2) Before giving up possession of the land, the nominated undertaker must
restore the land to the reasonable satisfaction of its owners.

(3) The nominated undertaker must pay compensation to the owners and
40occupiers of the land for any loss which they may suffer by reason of the
exercise in relation to the land of the powers under paragraph 6.

(4) Any dispute as to a person’s entitlement to compensation under sub-
paragraph (3), or as to the amount of compensation, must be determined
under and in accordance with Part 1 of the Land Compensation Act 1961.

(5) Nothing in this paragraph affects any liability to pay compensation under
section 10(2) of the Compulsory Purchase Act 1965 (as applied by section
4(3) of this Act to the acquisition of land under section 4(1)), or under any
other enactment, otherwise than for loss for which compensation is payable
5under sub-paragraph (3).

Part 3 Suspension of rights and enforcement

Suspension of rights relating to land

8 (1) All private rights over land of which the nominated undertaker takes
10possession under paragraph 1(1) or (2) or 6 are suspended and
unenforceable for as long as the nominated undertaker remains in lawful
possession of the land.

(2) The nominated undertaker may, in relation to a private right, direct—

(a) that sub-paragraph (1) does not apply to the right, or

(b) 15that sub-paragraph (1) applies to the right only to the extent specified
in the direction.

(3) In this paragraph, “private rights” include—

(a) private rights of way over land,

(b) rights of common,

(c) 20easements, liberties, privileges, rights or advantages annexed to land
and adversely affecting other land, including any natural right to
support, and

(d) restrictions as to the user of land arising under a contract.

(4) Any person who suffers loss by reason of the suspension of a right under
25sub-paragraph (1) is entitled to be compensated by the nominated
undertaker.

(5) Any dispute as to a person’s entitlement to compensation under sub-
paragraph (4), or as to the amount of compensation, must be determined
under and in accordance with Part 1 of the Land Compensation Act 1961.

(6) 30This paragraph applies to a private right which is for the benefit of Crown
land if the Crown authority consents (and consent may be subject to
conditions).

9 (1) All general rights over land of which the nominated undertaker takes
possession under paragraph 1(1) or (2) or 6 are suspended and
35unenforceable for as long as the nominated undertaker remains in lawful
possession of the land.

(2) The nominated undertaker may, in relation to a general right, direct—

(a) that sub-paragraph (1) does not apply to the right, or

(b) that sub-paragraph (1) applies to the right only to the extent specified
40in the direction.

(3) In this paragraph, references to “general rights” over land are to—

(a) rights to access land (however expressed) which are exercisable as a
result of section 2(1) of the Countryside and Rights of Way Act 2000
or an enactment mentioned in section 15 of that Act,

(b) other public rights over land which are conferred by an enactment,
and

(c) rights exercisable as a result of trusts or incidents to which a
common, town or village green, open space or allotment is subject.

5Enforcement

10 (1) Section 13 of the Compulsory Purchase Act 1965 (refusal to give possession
to acquiring authority) applies for the purposes of this Schedule as if—

(a) references to the acquiring authority were to the nominated
undertaker,

(b) 10references to compensation payable to the person refusing to give
possession were to compensation payable under this Schedule, and

(c) in subsection (1), for “this Act” there were substituted “Schedule 15
to the High Speed Rail (London - West Midlands) Act 2014”.

(2) In the case of Crown land, that section does not, by virtue of sub-paragraph
15(1), apply as against the Crown authority for that land.

Part 4 Land which may be occupied and used for construction of works

Section 19(3)

SCHEDULE 16 120Conditions of deemed planning permission

Part 1 Conditions

Introductory

1 The requirements in paragraphs 2 to 12 are conditions of deemed planning
125permission under section 19(1).

Condition relating to building works

2 (1) To the extent that development consists of building works, it must be carried
out in accordance with plans and specifications for the time being approved
by the relevant planning authority.

(2) 130In this paragraph “relevant planning authority” means the unitary authority
or, in a non-unitary area, the district council in whose area the development
is carried out.

(3) The relevant planning authority may, on approving a plan or specification
for the purposes of this paragraph, specify any respect in which it requires
135additional details of the building works to be submitted for approval.

(4) Where the relevant planning authority exercises the power conferred under
sub-paragraph (3), the plans and specifications referred to in sub-paragraph
(1) must, as regards the specified respect, include a plan or specification
showing the additional details.

(5) 5If the relevant planning authority is a qualifying authority, it may only
refuse to approve plans or specifications for the purposes of this paragraph
on the ground that—

(a) the design or external appearance of the building works ought to be
modified—

(i) 10to preserve the local environment or local amenity,

(ii) to prevent or reduce prejudicial effects on road safety or on
the free flow of traffic in the local area, or

(iii) to preserve a site of archaeological or historic interest or
nature conservation value,

15and is reasonably capable of being so modified, or

(b) the development ought to, and could reasonably, be carried out
elsewhere within the development’s permitted limits.

(6) If the relevant planning authority is not a qualifying authority, it may only
refuse to approve plans or specifications for the purposes of this paragraph
20on the ground that—

(a) the design or external appearance of the building works ought to be
modified to preserve the local environment or local amenity and is
reasonably capable of being so modified, or

(b) the development ought to, and could reasonably, be carried out
25elsewhere within the development’s permitted limits.

(7) The relevant planning authority may only impose conditions on approval
for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) on a ground referred to in sub-paragraph (5) or (6) (as the case may
30be).

(8) In this paragraph, “building works” means the erection, construction,
alteration or extension of any building, other than a temporary building.

(9) For these purposes, a building ancillary to a scheduled work is only a
temporary building if it is intended to remain in place for no longer than two
35years after the date on which the scheduled work is brought into general use.

(10) The requirements in this paragraph do not apply to building works to the
extent that they are ancillary to development consisting of—

(a) the disposal of waste or spoil, or

(b) the excavation of bulk materials from borrow pits,

40(and see paragraph 7 as to such development).

Condition relating to other construction works

3 (1) If the relevant planning authority is a qualifying authority, development to
which this paragraph applies must be carried out in accordance with plans
and specifications for the time being approved by that authority.

(2) 45This paragraph applies to development to the extent that it consists of the
construction of any of the following—

(a) a road vehicle park;

(b) earthworks;

(c) sight, noise or dust screens;

(d) transformers, telecommunications masts or pedestrian accesses to
5railway lines;

(e) fences or walls;

(f) lighting equipment.

(3) In this paragraph “relevant planning authority” means the unitary authority
or, in a non-unitary area, the district council in whose area the development
10is carried out.

(4) The relevant planning authority may, on approving a plan or specification
for the purposes of this paragraph, specify any respect in which it requires
there to be submitted for approval additional details of the operation or
work which gives rise to the need for approval under sub-paragraph (1).

(5) 15Where the relevant planning authority exercises the power conferred under
sub-paragraph (4), the plans and specifications in accordance with which the
development is required under sub-paragraph (1) to be carried out must, as
regards the specified respect, include a plan or specification showing the
additional details.

(6) 20The relevant planning authority may only refuse to approve plans or
specifications for the purposes of this paragraph on a ground specified in
relation to the work in question in the following table.

(7) The relevant planning authority may only impose conditions on approval
for the purposes of this paragraph—

(a) 90with the agreement of the nominated undertaker, and

(b) on a ground specified in the table in sub-paragraph (6) in relation to
the work in question.

(8) Any reference in sub-paragraph (2) or (6) to a description of works does not
include works of that description of a temporary nature.

(9) 5In this paragraph—

• “construction” includes erection, alteration, extension and (in the case
  of lighting equipment) installation;

• “earthworks” means terracing, cuttings, embankments or other earth
  works;

• 10“road vehicle park” does not include anything which is a building;

• “sight, noise or dust screens” means any fences, walls or other barriers
  (including bunds) for visual or noise screening or dust suppression;

(10) The requirements in this paragraph do not apply where development to
which this paragraph applies is ancillary to development consisting of—

(a) 15the disposal of waste or spoil, or

(b) the excavation of bulk materials from borrow pits,

(and see paragraph 7 as to such development).

Condition relating to matters ancillary to development

4 (1) If the relevant planning authority is a qualifying authority, development
20must be carried out in accordance with arrangements about ancillary
matters which have been approved by that authority.

(2) In this paragraph “ancillary matters” means—

(a) handling of re-useable spoil or topsoil;

(b) storage sites for construction materials, spoil or topsoil;

(c) 25construction camps;

(d) works screening;

(e) artificial lighting;

(f) dust suppression;

(g) road mud control measures.

(3) 30In this paragraph, “relevant planning authority” means, subject to sub-
paragraph (4), the unitary authority or, in a non-unitary area, the district
council in whose area the development is carried out.

(4) Where the development is in a non-unitary area and consists of waste or soil
disposal or the excavation of bulk material from borrow pits, the relevant
35planning authority in respect of arrangements relating to ancillary matters
is the county council.

(5) The reference in sub-paragraph (1) to arrangements does not, in the case of
artificial lighting, include detailed arrangements.

(6) The relevant planning authority may only refuse to approve arrangements
40for the purposes of this paragraph—

(a) on the ground that the arrangements relate to development which,
for the purposes of regulating the matter in question, ought to and
can reasonably be considered in conjunction with other development
which has deemed planning permission under section 19(1) and
45which is to be carried out in the authority’s area, or

(b) on a ground specified in relation to the matter in the following table.

(7) 40The relevant planning authority may only impose conditions on approval
for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) on a ground specified in the table in sub-paragraph (6)(b) in relation
to the matter in question.

(8) 45In this paragraph—

• “artificial lighting” means the use of artificial lighting on land within
  the Act limits for the purpose of carrying out the development;

High Speed Rail (London - West Midlands) BillPage 138

• “construction camps” means sites on land within the Act limits which
  are to be used for the residential accommodation of persons engaged
  in carrying out the development;

• “construction materials” means minerals, aggregates or other
  5construction materials required for the development;

• “dust suppression” means the suppression of dust caused by
  construction operations carried out on land within the Act limits for
  the purpose of carrying out the development;

• “handling of re-useable spoil and topsoil” means handling during
  10removal, storage and re-use of any spoil or topsoil removed during
  the course of carrying out the development;

• “road mud control measures” means measures to be taken on land
  within the Act limits to prevent or reduce the carrying of mud on to
  any public highway as a result of carrying out the development;

• 15“storage sites” means sites on land within the Act limits at which
  materials are to be stored until used or re-used in carrying out the
  development or disposed of as waste;

• “works screening” means the provision where necessary on land within
  the Act limits of any screening for working sites on such land
  20required for the purpose of carrying out the development.

5 (1) The Secretary of State may for the purposes of paragraph 4 make a class
approval of arrangements relating to the ancillary matters referred to in
paragraph 4(2)(a), (b) and (d) to (g) above.

(2) A class approval may be made—

(a) 25generally or in relation to specific areas or specific descriptions of
works, and

(b) subject to conditions.

(3) A class approval may make different provision for different cases.

(4) Before making a class approval the Secretary of State must consult the
30planning authorities who would be affected by it.

(5) Where arrangements made by the nominated undertaker are approved
under a class approval, they do not require the approval of the relevant
planning authority under paragraph 4.

(6) But the nominated undertaker may in the case of any particular
35arrangements request approval under paragraph 4.

(7) If the relevant planning authority to which such a request is made considers
that the circumstances of the case justify it, the authority may grant approval
under paragraph 4 (and, accordingly, the arrangements are subject to that
approval instead of the class approval).

(8) 40A class approval may be varied or revoked.

Condition relating to road transport

6 (1) If the relevant planning authority is a qualifying authority, development
must, with respect to the matters to which this paragraph applies, be carried
out in accordance with arrangements approved by that authority.

(2) 45The matters to which this paragraph applies are the routes by which
anything is to be transported on a highway by a large goods vehicle to—

(a) a working or storage site,

(b) a site where it will be re-used, or

(c) a waste disposal site.

(3) In this paragraph “relevant planning authority” means the unitary authority
5or, in a non-unitary area, the county council in whose area the development
is carried out.

(4) Sub-paragraph (1) does not require arrangements to be approved in relation
to—

(a) transportation on a special road or trunk road, or

(b) 10transportation to a site where the number of large goods vehicle
movements (whether to or from the site) does not on any day exceed
24.

(5) The relevant planning authority may only refuse to approve arrangements
for the purposes of this paragraph on the ground that—

(a) 15the arrangements relate to development which, for the purposes of
regulating the matter in question, ought to and can reasonably be
considered in conjunction with development which has deemed
planning permission under section 19(1) and which is to be carried
out in the authority’s area, or

(b) 20the arrangements ought to be modified—

(i) to preserve the local environment or local amenity,

(ii) to prevent or reduce prejudicial effects on road safety or on
the free flow of traffic in the local area, or

(iii) to preserve a site of archaeological or historic interest or
25nature conservation value,

and are reasonably capable of being so modified.

(6) The relevant planning authority may only impose conditions on approval
for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) 30on the ground referred to in sub-paragraph (5)(b).

(7) In this paragraph—

• “large goods vehicle” has the same meaning as in Part 4 of the Road
  Traffic Act 1988;

• “special road” and “trunk road” have the same meanings as in the
  35Highways Act 1980.

Conditions relating to waste and soil disposal and excavation

7 (1) If the relevant planning authority is a qualifying authority, development to
which this paragraph applies must be carried out in accordance with plans
and specifications for the time being approved by that authority.

(2) 40This paragraph applies to development to the extent that it consists of—

(a) waste and soil disposal, or

(b) the excavation of bulk materials from borrow pits.

(3) In this paragraph “relevant planning authority” means the unitary authority
or, in a non-unitary area, the county council in whose area the development
45is carried out.