SCHEDULE 14 continued
Contents page 1-9 10-19 20-28 30-94 95-119 119-120 120-289 290-299 300-329 330-338 340-359 360-369 370-379 380-389 390-399 400-414 Last page
High Speed Rail (London - West Midlands) BillPage 300
(d) restrictions as to the user of land arising under a contract.
(4)
Where the power under section 11(1) of the Compulsory Purchase Act 1965
(power of entry following notice to treat) is exercised in the case of land
within paragraph 1(a) or (b), sub-paragraph (1) or (2) (as the case may be)
5has effect in relation to rights of common over the land notwithstanding
anything in Schedule 4 to that Act (which preserves rights of common over
land until payment of compensation).
3 (1) The Secretary of State may, in relation to a private right, direct—
(a) that paragraph 2 does not apply to the right, or
(b)
10that paragraph 2 applies to the right only to the extent specified in
the direction.
(2)
A direction under sub-paragraph (1) must be given before the appropriate
time.
(3) Paragraph 2 does not apply to—
(a)
15a right over land which, were the land held otherwise than by the
Secretary of State, would not be capable of being acquired under
section 4(1), or
(b)
a right to which section 271 or 272 of the Town and Country Planning
Act 1990 (extinguishment of rights of statutory undertakers etc)
20applies (and see section 12 as to the application of those sections).
4
(1)
Any person who suffers loss by the extinction of a private right under
paragraph 2 is entitled to be compensated by the nominated undertaker.
(2)
Any dispute as to a person’s entitlement to compensation under this
paragraph, or as to the amount of compensation, must be determined under
25and in accordance with Part 1 of the Land Compensation Act 1961.
(3)
This paragraph does not apply where compensation in respect of rights of
common is payable under Schedule 4 to the Compulsory Purchase Act 1965.
5
(1)
All general rights over land within paragraph 1(a) are extinguished at the
30appropriate time.
(2)
All general rights over land within paragraph 1(b) are extinguished at the
appropriate time, so far as the continuance of those rights would be
inconsistent with the exercise of the right acquired or the restrictive
covenant imposed.
(3) 35In this Schedule, 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,
40and
(c)
rights exercisable as a result of trusts or incidents to which a
common, town or village green, open space or allotment is subject.
6 (1) The Secretary of State may, in relation to a general right, direct—
(a) that paragraph 5 does not apply to the right, or
High Speed Rail (London - West Midlands) BillPage 301
(b)
that paragraph 5 applies to the right only to the extent specified in
the direction.
(2)
A direction under sub-paragraph (1) must be given before the appropriate
time.
7
(1)
References in this Schedule to “the appropriate time” are to be read as
follows.
(2) In the case of—
(a) land held immediately before the day on which this Act is passed, or
(b)
10land which, immediately before that day, was land in relation to
which a right had been acquired or a restrictive covenant had been
imposed,
the appropriate time is the end of the period of 14 days beginning with that
day.
(3) 15In the case of—
(a) land acquired on or after the day on which this Act is passed, or
(b)
land in relation to which a right has been acquired or a restrictive
covenant has been imposed on or after that day,
the appropriate time is the time of acquisition or (in the case of a restrictive
20covenant) imposition.
(4)
Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to
land or a right acquired compulsorily or to a restrictive covenant imposed
compulsorily).
(5)
Where the power under section 11(1) of the Compulsory Purchase Act 1965
25has been exercised in relation to the land, the appropriate time is—
(a) the time of entry under that provision, or
(b)
in the case of the acquisition of a right or the imposition of a
restrictive covenant, the time when the power to enter the land for
the purpose of exercising the right or enforcing the covenant
30becomes exercisable under that provision (as modified in accordance
with paragraph 2(6) of Schedule 9).
(6)
Where a declaration under section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981 has been made in relation to the land, the appropriate
time is the vesting date (within the meaning of that Act).
8 (1) This paragraph applies where—
(a)
the Secretary of State acquires land within the Act limits for Phase
One purposes, or
(b)
the Secretary of State acquires a right, or imposes a restrictive
40covenant, over land within the Act limits.
(2)
The Secretary of State must notify the commons registration authority of the
acquisition or (in the case of a restrictive covenant) imposition if it relates
to—
(a) land registered in a register of common land as common land,
High Speed Rail (London - West Midlands) BillPage 302
(b)
land registered in a register of town or village greens as a town or
village green, or
(c)
a right of common registered in relation to land within paragraph (a)
or (b).
(3) 5A notice under sub-paragraph (2) must include—
(a) a copy of this Schedule,
(b)
a copy of the instrument by which the acquisition or imposition was
effected,
(c)
the number of the register unit and (where applicable) the number of
10the rights section entry in the register of common land or of town or
village greens to which the notice relates, and
(d)
a description of the amendment required to the register in question
in consequence of the acquisition or imposition.
(4)
Sub-paragraph (5) applies where, in connection with the acquisition or
15imposition—
(a) other land is given in exchange, or
(b)
other land is to be made subject to a right of common equivalent to a
right of common extinguished by virtue of paragraph 2.
(5) The notice under sub-paragraph (2) must contain—
(a)
20details of the land being given or the right of common being granted,
and
(b) an application for (as the case may be)—
(i)
the registration of the land as common land or as a town or
village green, or
(ii) 25the registration of the right being granted.
(6)
The commons registration authority must make such amendments as may
be necessary to a register in consequence of sub-paragraph (2) (including
any amendments necessary in consequence of sub-paragraph (5)).
(7) Nothing in—
(a) 30regulations under section 14 of the Commons Act 2006, or
(b) regulations under section 13 of the Commons Registration Act 1965,
applies to an acquisition or imposition mentioned in sub-paragraph (1).
9 In this Schedule—
(a)
35references to section 11(1) of the Compulsory Purchase Act 1965 are
to that provision as applied by section 4(3) of this Act to the
acquisition of land under section 4(1) of this Act;
(b)
references to section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981 are to that section as applied by section 4(4) of
40this Act to the acquisition of land under section 4(1) of this Act;
(c)
“right of common” has the same meaning as in the Commons Act
2006.
High Speed Rail (London - West Midlands) BillPage 303
Section 14
1
(1)
The nominated undertaker may enter upon and take possession of the land
specified in the table in Part 4 of this Schedule—
(a)
for the purpose specified in relation to the land in column (3) of the
table in connection with the authorised works specified in column (4)
10of the table,
(b)
for the purpose of constructing such works as are mentioned in
column (5) of the table in relation to the land, or
(c) otherwise for Phase One purposes.
(2)
The nominated undertaker may (subject to paragraph 2(1)) enter upon and
15take possession of any other land within the Act limits for Phase One
purposes.
(3)
The reference in sub-paragraph (1)(a) to the authorised works specified in
column (4) of the table includes a reference to any works which are necessary
or expedient for the purposes of or in connection with those works.
2 (1) Paragraph 1(2) does not apply in relation to—
(a)
land which is subject to a restricted power of compulsory
acquisition,
(b)
land in respect of which a notice of entry has been served under
25section 11 of the Compulsory Purchase Act 1965 (as applied by
section 4(3) to the acquisition of land under section 4(1)), other than
in connection with the acquisition of rights or subsoil only or the
imposition of a restrictive covenant, or
(c)
land in respect of which a declaration has been made under section
304 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as
applied by section 4(4) to the acquisition of land under section 4(1)),
other than in connection with the acquisition of rights or subsoil only
or the imposition of a restrictive covenant.
(2)
The power under section 4(1) (power to acquire land compulsorily) is not
35exercisable in relation to land specified in the table in Part 4 of this Schedule.
(3)
But sub-paragraph (2) does not apply in relation to land specified in the table
to the extent (if any) that—
(a) the land is subject to a restricted power of compulsory acquisition, or
(b)
there is power by virtue of section 5(2) to impose restrictive
40covenants over the land.
(4)
For the purposes of this Schedule, land is subject to a restricted power of
compulsory acquisition if the power under section 4(1) may be exercised in
relation to the land only—
High Speed Rail (London - West Midlands) BillPage 304
(a) so as to acquire rights relating to the land (see section 5(3)),
(b)
so as to acquire the subsoil or under-surface of the land or so as to
acquire rights of passage over the land (see paragraphs 1 and 2 of
Schedule 11),
5(ignoring any power by virtue of section 5(2) to impose restrictive covenants
over the land).
3
(1)
Where under paragraph 1(1) or (2) the nominated undertaker has entered
upon and taken possession of land, the nominated undertaker may, for the
10purposes of or in connection with the construction of the works authorised
by this Act—
(a) remove any structure or vegetation from the land,
(b)
construct such works as are mentioned in relation to the land in
column (5) of the table in Part 4 of this Schedule,
(c)
15construct temporary works (including the provision of means of
access) and structures on the land, and
(d)
construct landscaping and other works on the land to mitigate any
adverse effects of the construction, maintenance or operation of the
works authorised by this Act.
(2)
20The other works referred to in sub-paragraph (1)(d) include works involving
the planting of trees and shrubs and the provision of replacement habitat for
wild animals.
(3) In this paragraph, “structure” includes any erection.
4
(1)
25Not less than 28 days before entering upon and taking possession of land
under paragraph 1(1) or (2), the nominated undertaker must give notice to
the owners and occupiers of the land of its intention to do so.
(2)
The nominated undertaker may not, without the agreement of the owners of
the land, remain in possession of land under paragraph 1(1) or (2) after the
30end of the period of one year beginning with the date of completion of the
work for which temporary possession of the land was taken.
(3)
Sub-paragraph (2) does not apply, in the case of land mentioned in
paragraph 1(2), if before the end of the one-year period either of the
following powers has been exercised in relation to the land—
(a)
35the power to serve a notice to treat under Part 1 of the Compulsory
Purchase Act 1965 (as applied by section 4(3) of this Act to the
acquisition of land under section 4(1));
(b)
the power to execute a declaration under section 4 of the
Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by
40section 4(4) of this Act to the acquisition of land under section 4(1)).
(4)
The nominated undertaker must pay compensation to the owners and
occupiers of land of which possession is taken under paragraph 1(1) or (2)
for any loss which they may suffer by reason of the exercise in relation to the
land of the power or powers under that paragraph.
High Speed Rail (London - West Midlands) BillPage 305
(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.
High Speed Rail (London - West Midlands) BillPage 306
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.
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.
High Speed Rail (London - West Midlands) BillPage 307
(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).
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,
High Speed Rail (London - West Midlands) BillPage 308
(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.
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.
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works 20which may be carried out |
|---|---|---|---|---|
| London Borough of Camden |
192 | Provision of worksite and access for construction |
1/18 | |
| 291 to 305307, 308 | Provision of access for utility works |
1/1 | ||
| 312, 313, 314, 317, 346, 350 to 360, 771 to 776 |
Diversion or installation of, or works to, utilities apparatus |
1/1 | ||
| 705, 706, 708 |
Diversion or installation of, or works to, utilities apparatus |
1/15 | ||
| London Borough of Brent |
22, 24, 30, 31, 34, 44, 45, 67, 71, 73, 382, 387, 390 to 393 |
Diversion or installation of, or works to, utilities apparatus |
1/15 | |
| 60, 61, 114, 118, 121 |
Diversion or installation of, or works to, utilities apparatus |
1/1 |
High Speed Rail (London - West Midlands) BillPage 309
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 82, 85 | Diversion or installation of, or works to, utilities apparatus |
1/21 | ||
| London Borough of Hammersmith @AMP@amp; Fulham |
15 | Diversion or installation of, or works to, utilities apparatus |
1/1 | |
| 24, 25 | Diversion or installation of, or works to utilities apparatus |
1/15 | ||
| London Borough of Ealing |
23 | Diversion or installation of, or works to, utilities apparatus |
1/40 | |
| 878, 879 | Provision of worksite and access for constructionDiversion or installation of, or works to, utilities apparatus |
1/1 | ||
| 473, 475, 478, 479, 481, 482, 485, 488, 508, 513 to 516, 527 to 535, 537 to 539, 543, 546, 549, 552, 554, 559, 563 to 566, 568 to 578, 690, 701, 881 to 883, 965, 966, 983 |
Diversion or installation of, or works to, utilities apparatus |
1/1 | ||
| 676 to 682 | Diversion or installation of, or works to, utilities apparatus |
1/15 | ||
| 708, 954 | Provision of worksite and access for construction |
High Speed Rail (London - West Midlands) BillPage 310
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 871, 873, 874 |
Worksite and access for constructionDiversion or installation of, or works to, utilities apparatus |
1/55 | ||
| 1028, 1029, 1031 to 1034 |
Provision worksite and access for construction |
Diversion or installation of, or works to, utilities apparatus Provision of environmental mitigation |
||
| London Borough of Hillingdon |
34, 187 to 189, 249, 254 |
Provision of access for utility works |
Diversion or installation of, or works to, utilities apparatus |
|
| 59, 60, 76, 174 |
Provision of worksite and access for construction |
Diversion or installation of, or works to, utilities apparatus |
||
| 81, 82, 83, 86,144 to 147, 222, 226, 228,250, 252, 253 |
Diversion or installation of, or works to utilities apparatus |
1/15 | ||
| 157, 159, 161, 162 |
Provision of worksite and access for construction |
1/57 | ||
| 372 to 375 380 to 383 | Diversion or installation of, or works to, utilities apparatus |
1/1 and 1/15 | ||
| 720e | Provision of access for construction |
Provision of environmental mitigation |
||
| 598, 602, 681, 682, 684 to 687, 689 to 691 |
Diversion and installation of overhead electric lines |
2/1 |
High Speed Rail (London - West Midlands) BillPage 311
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 703a, 703b,704 to 706747c, 750 | Provision of worksite and access for construction |
2/1 | ||
| 720a | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| 733 | Diversion or installation of, or works to utilities apparatus |
2/1 | ||
| County of BuckinghamshireDistrict of South BucksParish of Denham |
1a | Provision of worksite and access for construction |
||
| 4, 5, 5a, 6 | Provision of worksite and access for construction |
Provision of environmental mitigation |
||
| 9, 10, 13 | Provision of worksite and access for construction |
2/5 | ||
| 20 | Provision of worksite and access for construction |
2/6 | ||
| County of HertfordshireDistrict of Three Rivers |
20, 26, 28, 30,33, 35, 39, 42,50 to 52, 83, 85, 86, 99, 100, 102 |
Reprofiling of ground |
2/1 | Reprofiling of ground 10 |
| 118 | Provision of worksite and access for construction |
2/10a | ||
| County of BuckinghamshireDistrict of ChilternParish of Chalfont St Peter |
15, 17, 18, 20 |
Provision of worksite and access for construction |
2/1 | |
| 73 | Provision of access for construction |
High Speed Rail (London - West Midlands) BillPage 312
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Chalfont St Giles |
1, 3 | Provision of access for construction |
||
| Parish of Amersham |
9, 46, 59, 93 to 95, 99, 101, 102 |
Provision of protective works to watercourse |
2/1 | Protective works to watercourse |
| 5, 13 | Reprofiling of ground |
2/1 | Reprofiling of 10ground |
|
| 40, 58 | Dewatering operations |
2/1 | Dewatering operations |
|
| 61 | Provision of access for site investigation |
2/1 | ||
| 75 | Provision of access for construction |
2/1 | ||
| Parish of Little Missenden |
54 | Reprofiling of ground |
2/13 | Reprofiling of ground |
| 70 | Reprofiling of ground |
2/1 | 15Reprofiling of ground |
|
| 75 | Reprofiling of ground |
2/14 | Reprofiling of ground |
|
| District of Aylesbury ValeParish of Wendover |
105, 106 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 107 | Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead electric lines |
||
| 200, 201 | Diversion and installation of overhead electric lines |
2/28 | ||
| District of WycombeParish of Ellesborough |
1, 3, 7, 9, 29, 31, 43 |
Diversion and installation of overhead electric lines |
2/28 | |
| District of Aylesbury ValeParish of Stoke Manderville |
1 to 3118a, 121 | Diversion and installation of overhead electric lines |
2/28 |
High Speed Rail (London - West Midlands) BillPage 313
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Stone with Bishopstone and Hartwell |
2, 5, 12 | Diversion and installation of overhead electric lines |
2/28 | |
| Parish of Aylesbury |
4, 7 to 14, 16, 17, 19, 25 to 27 |
Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead line electric lines |
|
| Parish of Waddesdon |
12, 22, 23 | Reprofiling of ground |
||
| 99 | Removal of utility apparatus |
2/49 | ||
| Parish of Quainton | 15, 26, 28, 30, 34 |
Removal of utility apparatus |
||
| 236, 238, 242 |
Diversion and installation of overhead electric lines |
|||
| Parish of Hogshaw | 3 to 6, 8, 13, 15, 16 |
Diversion and installation of overhead electric lines |
||
| Parish of Steeple Claydon |
104 | Provision of access for construction Provision of new public right of way |
||
| Parish of Preston Bissett |
19 | Provision of new public right of way |
2/49 | |
| Parish of Chetwode | 61, 81, 82 | Removal of utility apparatus |
2/49 | |
| County of OxfordshireDistrict of CherwellParish of Newton Purcell with Shelswell |
69a, 87 | Removal of utility apparatus |
||
| 89 to 91 | Provision of new public right of way |
|||
| Parish of Finmere | 1 to 3 | Provision of new public right of way |
||
| 20, 43, 44, 46 |
Removal of utility apparatus |
High Speed Rail (London - West Midlands) BillPage 314
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 50, 53, 61 to 66, 69, 70 |
Diversion and installation of overhead electric lines |
|||
| 67 and 68 | Provision of access for utility works |
|||
| Parish of Mixbury | 30, 58, 59, 61 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 45a | Provision of new public right of way |
2/49 | ||
| 55, 65 | Removal of utility apparatus |
2/49 | ||
| County of BuckinghamshireDistrict of Aylesbury ValeParish of Westbury |
2 to 4, 15 to 17 |
Removal of utility apparatus |
2/49 | |
| 10 to 13 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| Parish of Turweston |
1, 1a, 2, 2a, 3a, 4a, 5a, 6a, 7a, 8a, 10a, 11a, 34, 92, 93 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 22, 23, 26, 27a |
Removal of utility apparatus |
2/49 | ||
| County of NorthamptonshireDistrict of South NorthamptonshireParish of Evenly |
2 to 5 | Diversion and installation of overhead electric lines |
||
| Parish of Greatworth |
2, 8a, 40, 41 | Provision of new public right of way |
2/111 | |
| 12a, 37, 45 | Removal of utility apparatus |
2/111 | ||
| 27 | Diversion or installation of, or works to, utilities apparatus |
2/111 | ||
| Parish of Thorpe Manderville |
34, 37, 38 | Removal of utility apparatus |
2/111 |
High Speed Rail (London - West Midlands) BillPage 315
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Culworth | 3 | Removal of utility apparatus |
2/111 | |
| Parish of Chipping Warden and Edgcote |
42, 55, 56, 70 |
Removal of utility apparatus |
2/111 | |
| 102 | Provision of new public right of way |
2/128b | ||
| Parish of Aston Le Walls |
12 | Provision of new public right of way |
2/111 | |
| Parish of Boddington |
5 | Provision of new public right of way |
2/111 | |
| 21 | Diversion or installation of, or works to, utilities apparatus |
2/129 | ||
| 44, 79, 83, 84, 100, 102 |
Removal of utility apparatus |
2/111 | ||
| County of Warwickshire District of Stratford-on-Avon Parish of Wormleighton |
33 | Reprofiling of ground |
2/133 | Reprofiling of ground 10 |
| 37 | Provision of worksite and access for construction |
2/137 | ||
| 41 | Provision of worksite and access for construction |
2/133 | ||
| 45, 51, 57 | Provision of worksite and access for construction Reprofiling of ground |
2/133 | Reprofiling of ground 15 |
|
| Parish of Stoneton | 23 | Provision of worksite and access for construction and maintenance |
2/133 |
High Speed Rail (London - West Midlands) BillPage 316
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 26 | Provision of worksite and access for construction and maintenance |
2/133 | Provision of environmental mitigation 10 |
|
| Parish of Radbourn | 17, 27 | Provision of worksite and access for construction |
2/139 | |
| 4 | Provision of worksite and access for construction Reprofiling of ground |
2/133 | Reprofiling of ground 15 |
|
| Parish of Ladbroke | 4, 11 | Provision of worksite and access for construction Reprofiling of ground |
2/133 | Reprofiling of ground 20 |
| Parish of Southam | 20 | Provision of worksite and access for construction |
2/142c | |
| Parish of Ufton | 4, 5 | Provision of access for construction |
2/146 | |
| District of Warwick Parish of Offchurch |
14, 16 | Provision of worksite and access for construction Reprofiling of ground |
2/146 | Reprofiling of ground 25 |
| 46 | Reprofiling of ground |
2/146 | 30Reprofiling of ground |
|
| 72 | Provision of access for construction and maintenance |
2/146 | ||
| Parish of Cubbington |
8 | Provision of balancing pond and associated works and access for maintenance |
Provision of balancing pond and associated works and access for maintenance |
High Speed Rail (London - West Midlands) BillPage 317
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 63 | Provision of worksite and access for construction |
2/163 | ||
| Parish of Stoneleigh |
30, 46, 85, 86 |
Removal of utility apparatus |
Utility diversion |
|
| 156 | Provision of environmental mitigation |
2/175 | ||
| Parish of Burton Green |
36 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Metropolitan Borough of Solihull Parish of Berkswell |
19 to 23, 27, 29 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of Chelmsley Wood |
10, 16, 70 | Provision of worksite and access for construction |
3/25 | |
| 19 to 63, 65, 66, 68 |
Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead electric lines |
||
| County of Warwickshire District of North Warwickshire Parish of Coleshill |
1d | Provision of access for utility works |
Diversion and installation of overhead electric lines |
|
| 72, 76, 79, 80, 81, 82, 84, 86, 88, 112a, 261, 262, 265, 273, 307, 311, 356 |
Provision of access for utility works |
Diversion and installation of overhead electric lines |
||
| 418 | Reprofiling of ground Removal of utility apparatus |
Reprofiling of ground |
||
| 421, 423, 426, 429 |
Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead electric lines |
High Speed Rail (London - West Midlands) BillPage 318
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Curdworth |
14 | Provision of access for utility works |
Diversion or installation of, or works to, utilities apparatus |
|
| 20, 198, 207, 232 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| 53 | Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead electric lines |
||
| 124, 158 | Provision of worksite and access for construction |
3/36 | ||
| Parish of Wishaw | 4, 6a, 7, 10 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of Middleton |
14 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 23 | Reprofiling of ground |
3/36 | Reprofiling of ground |
|
| 36, 37a, 64 | Removal of utility apparatus |
3/48 | ||
| 68a | Provision of access for utility works |
3/50a | ||
| 86, 136, 138, 141, 142, 147, 154 |
Reprofiling of ground |
3/48 | Reprofiling of ground 10 |
|
| County of Staffordshire District of Lichfield Parish of Drayton Bassett |
4 | Reprofiling of ground |
3/48 | Reprofiling of ground |
| 91, 125, 121, 126, 127 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
High Speed Rail (London - West Midlands) BillPage 319
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Fazeley | 1 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of Hints | 32, 34, 36, 40 to 44, 46 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 136 to 138 | Removal of utility apparatus |
Diversion or installation of, or works to, utilities apparatus |
||
| Parish of Weeford | 1 to 4 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of Swinfen and Packington |
13 | Provision of access for construction |
3/48 | |
| 47, 49, 52, 53 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| Parish of Whittington |
61, 82, 84 | Diversion and installation of overhead electric lines Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead electric lines |
|
| 59a, 65, 76, 78, 85, 87, 89, 139, 141, 143, 146, 147, 148, 149, 150, 153, 154 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| 86, 90 | Reprofiling of ground |
3/48 | Reprofiling of ground |
|
| 138 | Implementation of protective measures for land beneath overhead line works |
Diversion and installation of overhead electric lines |
High Speed Rail (London - West Midlands) BillPage 320
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Elford | 1, 2, 3 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of Lichfield | 4 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 5 | Provision of worksite and access for construction |
3/112 | ||
| Parish of Fradley and Streethay |
1, 2 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 139 | Provision of worksite and access for construction |
3/112 | ||
| Parish of Curborough and Elmhurst |
4, 5 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of Longdon | 12 | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| Parish of King’s Bromley |
21, 33, 35, 153 |
Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
|
| 132 | Provision of access for construction |
3/104 | ||
| Parish of Armitage with Handsacre |
21, 22 | Provision of worksite and access for construction |
3/106 | |
| Parish of Mavesyn Ridware |
1, 2, 3, 4 | Provision of worksite and access for construction |
Installation of signal gantries |
Installation of signal gantries |
| 2a | Installation of signal gantries |
Installation of signal gantries |
10Installation of signal gantries |
High Speed Rail (London - West Midlands) BillPage 321
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| Parish of Colton | 1, 20 | Provision of worksite and access for construction |
Installation of signal gantries |
Installation of signal gantries |
| 2, 3, 5, 6, 8, 13, 14, 19, 21, 22 |
Provision of worksite and access for construction |
Installation of signal gantries |
||
| County of Staffordshire Borough of Stafford Parish of Colwich |
1, 3, 7, 9 | Provision of worksite and access for construction |
Installation of signal gantries |
10Installation of signal gantries |
| 7a, 2, 4, 5, 6, 8, 12, 13, 18, 19, 20, 21, 22, 23, 26 |
Provision of worksite and access for construction |
Installation of signal gantries |
||
| Metropolitan Borough of SolihullParish of Bickenhill |
3b | Provision of access for utility works |
Diversion and installation of overhead electric lines |
|
| 38 | Provision of worksite and access for construction |
Diversion and installation of overhead electric lines |
15Diversion and installation of overhead electric lines |
|
| 41a | Diversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| County of WarwickshireDistrict of North WarwickshireParish of Little Packington |
6a | Provision of access for utility works |
Diversion and installation of overhead electric lines |
|
| City of Birmingham |
57, 59, 61 | Diversion or installation of, or works to, utilities apparatus |
3/200 | |
| 172, 174, 176 |
Provision of worksite and access for construction |
3/207 | ||
| 191 | Use of sidings | 3/205 |
High Speed Rail (London - West Midlands) BillPage 322
| (1) Area |
(2) Number of land shown on deposited plans |
(3) Purpose for which temporary possession may be taken |
(4) Specified authorised works |
(5) Specified works which may be carried out 5 |
|---|---|---|---|---|
| 300 | Provision of worksite and access for constructionDiversion and installation of overhead electric lines |
Diversion and installation of overhead electric lines |
||
| 412 | Provision of drainage and associated works |
Highway works |
Provision of drainage and associated works |
|
| 446, 451 | Provision of worksite and access for constructionDiversion and installation of overhead electric lines |
3/205 | 10Diversion and installation of overhead electric lines 15 |
Section 19(3)
1
The requirements in paragraphs 2 to 12 are conditions of deemed planning
permission under section 19(1).
2
(1)
25To 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)
In this paragraph “relevant planning authority” means the unitary authority
or, in a non-unitary area, the district council in whose area the development
30is 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
additional details of the building works to be submitted for approval.
High Speed Rail (London - West Midlands) BillPage 323
(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).
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—
High Speed Rail (London - West Midlands) BillPage 324
(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.
| Development | Possible grounds for refusal of approval |
|---|---|
| 1. A road vehicle park. | 25That the design or external appearance (a)
to preserve the local (b)
30to prevent or reduce prejudicial (c)
to preserve a site of |
| That the development ought to, and 40could reasonably, be carried out elsewhere within the development’s permitted limits. |
High Speed Rail (London - West Midlands) BillPage 325
| Development | Possible grounds for refusal of approval |
|---|---|
| 2. Earthworks. 3. Sight, noise or dust screens. |
That the design or external appearance (a)
to preserve the local (b)
to prevent or reduce prejudicial (c)
to preserve a site of |
| If the development does not form part of a scheduled work, that the 20development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits. |
|
| 4. Transformers, telecommunications masts or pedestrian accesses to railway lines. |
That the design or external appearance 25of the works ought to, and could reasonably, be modified to preserve the local environment or local amenity. |
| That the development ought to, and could reasonably, be carried out on 30land elsewhere within the development’s permitted limits. |
|
| 5. Fences and walls (except for sight, noise and dust screens). |
That the development ought to, and could reasonably, be carried out elsewhere within the development’s 35permitted limits. |
| 6. Artificial lighting equipment. | That the design of the equipment, with respect to the emission of light, ought to, and could reasonably, be modified to preserve the local environment or 40local amenity. |
| If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere 45within 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
High Speed Rail (London - West Midlands) BillPage 326
(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).
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
High Speed Rail (London - West Midlands) BillPage 327
(b) on a ground specified in relation to the matter in the following table.
| Matters | Grounds |
|---|---|
| 1. Handling of re-useable spoil and topsoil |
That the arrangements ought to be modified to ensure that the spoil or 5topsoil remains in good condition, and are reasonably capable of being so modified. |
| 2. Storage sites for construction materials, spoil or topsoil. 3. Construction camps. 4. Works screening. |
That the arrangements ought to be (a)
to preserve the local (b)
to prevent or reduce prejudicial 20 |
| 5. Artificial lighting. 6. Dust suppression. |
That the arrangements ought to be 25modified to preserve the local environment or local amenity, and are reasonably capable of being so modified. |
| 7. Road mud control measures. | 30That the arrangements ought to be (a)
to preserve the local (b)
35to prevent or reduce prejudicial |
(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 328
“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.
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—
High Speed Rail (London - West Midlands) BillPage 329
(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.
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.