(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) 5Where 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) 10The relevant planning authority may only refuse to approve plans or
specifications for the purposes of this paragraph on a ground specified in
sub-paragraph (7) or (8).

(7) The grounds in this sub-paragraph are that—

(a) the design or external appearance of disposal sites (in the case of the
15disposal of waste and soil) or borrow pits (in the case of excavation
of bulk material from such pits) on land within the Act limits,

(b) the methods by which such sites or pits are worked, or

(c) the noise, dust, vibration or screening arrangements during the
operation of such sites or pits,

20ought to, and could reasonably, be modified.

(8) The grounds in this sub-paragraph are that in order to—

(a) preserve the local environment or local amenity,

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

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

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

(9) The grounds in sub-paragraph (8) do not apply where the development is—

(a) 30within the limits of deviation for the scheduled works, or

(b) consists of the use of land specified in columns (1) and (2) of
Schedule 5 for a purpose specified in relation to the land in column
(3) of that Part.

(10) The relevant planning authority may only impose conditions on approval
35for the purposes of this paragraph—

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

(b) on a ground referred to in sub-paragraph (7) or (8) (taken with sub-
paragraph (9)).

8 (1) If the relevant planning authority is a qualifying authority, development to
40which paragraph 7 applies may not be begun unless the authority has
approved a scheme for the restoration of the land on which the development
is to be carried out.

(2) In this paragraph “relevant planning authority” has the same meaning as in
paragraph 7.

(3) 45The relevant planning authority may only refuse to approve, or impose
conditions on the approval of, a scheme for the purposes of this paragraph

on the ground that the scheme ought to be modified, and is reasonably
capable of being modified.

(4) The nominated undertaker must carry out a scheme approved for the
purposes of this paragraph once it has completed its use of the land to which
5the scheme relates for the purpose of carrying out the development to which
paragraph 7 applies.

(5) In sub-paragraph (1), the reference to restoration includes a reference to
restoration in the longer term; and, accordingly, a scheme for the restoration
of land may include provision about aftercare.

10Conditions on bringing scheduled works and depots into use

9 (1) If the relevant planning authority is a qualifying authority, no work to which
this paragraph applies may be brought into use without the approval of that
authority.

(2) This paragraph applies to—

(a) 15any scheduled work, except to the extent that the work is
underground, and

(b) any depot constructed, in exercise of the powers conferred under this
Act, for use for or in connection with the maintenance of railway
vehicles or track, whether or not constructed for use also for other
20purposes.

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

(4) The relevant planning authority must grant approval for the purposes of this
25paragraph if—

(a) it considers that there are no reasonably practicable measures which
need to be taken for the purpose of mitigating the effect of the work
or its operation on the local environment or local amenity, or

(b) it has approved, at the request of the nominated undertaker, a
30scheme consisting of provision with respect to the taking of
measures for that purpose.

(5) The relevant planning authority may not refuse to approve, or impose
conditions on the approval of, a scheme submitted for the purposes of sub-
paragraph (4)(b) unless it is satisfied that it is expedient to do so on the
35ground that the scheme ought to be modified—

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

(b) to preserve a site of archaeological or historic interest, or

(c) in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

(6) 40In this paragraph “railway vehicle” and “track” have the same meanings as
in Part 1 of the Railways Act 1993.

10 Where the relevant planning authority approves a scheme for the purposes
of paragraph 9(4)(b), the nominated undertaker must—

(a) carry out the scheme, and

(b) 45comply with any condition subject to which the scheme is approved.

Condition relating to discontinuation of ancillary operations

11 Where development consists of or includes the carrying out on any site of
operations ancillary to the construction of any of the scheduled works, the
operations must be discontinued as soon as reasonably practicable after the
5completion of the scheduled work or works.

Condition relating to site restoration

12 (1) The nominated undertaker must, after discontinuation of the use of any site
for carrying out operations ancillary to the construction of any of the
scheduled works, restore the site in accordance with a scheme agreed with
10the 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 work is
carried out.

(3) For the purposes of sub-paragraph (1) the nominated undertaker must,
15within four months of the discontinuation of the use, submit a proposed
scheme to the relevant planning authority.

(4) If—

(a) the nominated undertaker fails to submit a proposed scheme in
accordance with sub-paragraph (3), or

(b) 20the nominated undertaker submits a proposed scheme in accordance
with sub-paragraph (3) but no scheme is agreed for the purposes of
sub-paragraph (1) before the end of the relevant period,

the scheme for the purposes of sub-paragraph (1) is to be such as the
appropriate Ministers may determine after consulting the nominated
25undertaker and the relevant planning authority.

(5) In sub-paragraph (4)(b) “the relevant period” means—

(a) eight weeks beginning with the date on which the proposed scheme
is submitted, or

(b) such longer period as the nominated undertaker and the relevant
30planning authority may agree.

(6) A scheme agreed or determined for the purposes of sub-paragraph (1) may
reserve particulars for subsequent agreement between the nominated
undertaker and the relevant planning authority.

(7) Where a particular reserved under sub-paragraph (6) is not agreed—

(a) 35by the time specified by or determined in accordance with the
scheme, or

(b) by such later time as the nominated undertaker and the relevant
planning authority may agree,

that particular is to be determined by the appropriate Ministers after
40consulting the nominated undertaker and the authority.

(8) Where, independently of any consultation under sub-paragraph (4) or (7),
the appropriate Ministers ask the relevant planning authority for assistance
in connection with their function under the sub-paragraph in question, they
may require the nominated undertaker to reimburse to the relevant
45planning authority any expenses which the authority reasonably incurs in
meeting the request.

(9) Sub-paragraph (1) does not apply to a site—

(a) to the extent that the site consists of land to which a scheme under
paragraph 8 (waste or spoil etc) applies, or

(b) in relation to which the nominated undertaker is subject to an
5obligation under paragraph 5(1) of Schedule 15 (obligation to put
land into such condition as an agreed scheme provides, before giving
up possession of the land).

Part 2 Qualifying authorities

10Specification of qualifying authorities

13 (1) As soon after the day on which this Act is passed as the Secretary of State
considers reasonably practicable, the Secretary of State must by order
specify every planning authority which—

(a) had, on or before the day on which the Bill for this Act was reported
15from Select Committee in the House of Lords, given the Secretary of
State undertakings with respect to the handling of planning matters
arising under this Schedule which he or she considered satisfactory,
and

(b) has not subsequently been released from its undertakings.

(2) 20Subject to the following provisions of this paragraph, an authority which is
specified under sub-paragraph (1) is a qualifying authority for the purposes
of this Schedule.

(3) The Secretary of State may, if he or she considers it expedient to do so, by
order provide that an authority is to cease to be a qualifying authority for the
25purposes of this Schedule.

(4) If, in relation to a planning authority which is not a qualifying authority for
the purposes of this Schedule, the Secretary of State considers that the way
in which the authority carries out its functions has been significantly
affected by a change of circumstances occurring since the relevant day, the
30Secretary of State may by order provide that the authority is to be a
qualifying authority for the purposes of this Schedule.

(5) In sub-paragraph (4), the reference to the relevant day is—

(a) in relation to an authority which has never been a qualifying
authority for the purposes of this Schedule, to the day mentioned in
35sub-paragraph (1)(a), and

(b) in relation to an authority which has been a qualifying authority for
the purposes of this Schedule, to the day on which it ceased, or last
ceased, to be such an authority.

(6) Before making an order under sub-paragraph (3) or (4), the Secretary of State
40must consult—

(a) the nominated undertaker, and

(b) unless the authority concerned has requested the making of the
order, that authority.

Transition

14 (1) An order under paragraph 13 may contain such transitional provision and
savings as the Secretary of State thinks fit.

(2) Without prejudice to the generality of sub-paragraph (1), provision under
5that sub-paragraph may include provision with respect to the effect of the
authority becoming or ceasing to be a qualifying authority in relation to an
approval which has already been requested or given.

(3) The Secretary of State may by agreement fetter the exercise of his or her
discretion under sub-paragraph (1).

10Part 3 Approvals: supplementary

Requests for planning approval

15 A planning authority may only grant approval under Part 1 of this Schedule
at the request of the nominated undertaker.

16 (1) 15A planning authority need not consider a request for approval under Part 1
of this Schedule unless—

(a) the nominated undertaker has deposited with the authority a
document setting out its proposed programme with respect to the
making of requests under that Part to the authority, and

(b) 20the request is accompanied by a document explaining how the
matters to which the request relates fit into the overall scheme of the
works authorised by this Act.

(2) Sub-paragraph (1) does not apply to a request for approval of additional
details.

25Fees for requests for approval

17 (1) The appropriate Ministers may by regulations make provision about fees for
requests to a planning authority for approval under Part 1 of this Schedule.

(2) Regulations under this paragraph may, in particular, make provision—

(a) for the payment of a fee and for the amount of a fee;

(b) 30about when a fee must be paid;

(c) for circumstances in which a fee is to be treated as paid;

(d) for the remission or refunding of a fee in whole or part;

(e) about the consequences of non-payment of a fee, including provision
for the termination of the application concerned or any appeal
35against its refusal;

(f) for the resolution of disputes.

(3) Regulations under this paragraph may make such supplementary,
incidental or consequential provision as the appropriate Ministers think fit.

(4) Nothing in regulations under section 303 of the Town and Country Planning
40Act 1990 (fees for planning applications) applies to a request for approval
under Part 1 of this Schedule.

Consultation on requests for approval

18 (1) This paragraph applies where a planning authority considers that a request
for approval under Part 1 of this Schedule relates to matters which may
affect any of the following—

(a) 5nature conservation,

(b) the conservation of the natural beauty or amenity of the countryside,

(c) the conservation of the natural beauty or amenity of inland or coastal
waters or land associated with them,

(d) the conservation of flora or fauna which are dependent on an aquatic
10environment,

(e) the use of inland or coastal waters, or land associated with them, for
recreational purposes, or

(f) a site of archaeological or historic interest.

(2) The planning authority must, within five days of receiving the request,
15invite the appropriate body or bodies to make representations.

(3) The appropriate body is—

(a) for the matters in sub-paragraph (1)(a) and (b), Natural England,

(b) for the matters in sub-paragraph (1)(c) to (e), the Environment
Agency,

(c) 20for the matter in sub-paragraph (1)(f), the Historic Buildings and
Monuments Commission for England.

(4) Where under sub-paragraph (2) a planning authority has invited a body to
make representations about a request for approval under Part 1 of this
Schedule, it must not make any decision about the request until—

(a) 25it has received representations from the body about the request,

(b) it has been informed by the body that it does not wish to make any
representations, or

(c) 21 days have elapsed since the date of the invitation.

(5) An invitation under sub-paragraph (2) must specify the time limit for
30making representations.

Directions restricting powers of approval

19 (1) The appropriate Ministers may by directions restrict a planning authority’s
powers in relation to the giving of approval under Part 1 of this Schedule.

(2) Directions under this paragraph may—

(a) 35be given in relation to a specified approval or approvals of a
specified description,

(b) be expressed to have effect without a time-limit or during a specified
period, and

(c) revoke or vary previous directions under this paragraph.

40Compulsory reference of requests for approval

20 (1) The appropriate Ministers may by directions require a planning authority to
refer any request for approval under Part 1 to them.

(2) In determining a request referred to them under this paragraph, the
appropriate Ministers have the same powers as the authority making the
reference.

(3) The determination by the appropriate Ministers of a request referred to them
5under this paragraph is final.

(4) Directions under this paragraph may—

(a) be given in relation to a specified request or requests of a specified
description, and

(b) revoke or vary previous directions under this paragraph.

10Non-material changes to approvals

21 (1) A planning authority may at the request of the nominated undertaker make
a non-material change to any approval given under Part 1 of this Schedule.

(2) In deciding whether a change is material, a planning authority must have
regard to the effect of the change, together with any previous changes made
15under this paragraph, on the approval as originally given.

(3) The power under sub-paragraph (1) includes power to impose new
conditions or to alter or remove existing conditions.

(4) The approval as changed must represent an approval the authority could
have given originally.

(5) 20The consultation requirements in this Part of this Schedule do not apply to a
change under this paragraph.

Appeals

22 (1) Where the nominated undertaker is aggrieved by a decision of a planning
authority on a request for approval under Part 1 (including a decision to
25require additional details), it may appeal to the appropriate Ministers by
giving notice of the appeal in the prescribed form to them and to the
authority whose decision is appealed against within 42 days of notification
of the decision.

(2) On an appeal under this paragraph, the appropriate Ministers may allow or
30dismiss the appeal or vary the decision of the authority whose decision is
appealed against, but may only make a determination involving—

(a) the refusal of approval, or

(b) the imposition of conditions on approval,

on a ground open to that authority.

(3) 35Where, following receipt by a planning authority of a request by the
nominated undertaker for approval under Part 1, the authority does not
notify the undertaker within the appropriate period—

(a) of its decision on the request, or

(b) that the request has been referred to the appropriate Ministers in
40accordance with directions under paragraph 20,

this paragraph applies as if the authority had refused the request and
notified the undertaker of its decision on the last day of the appropriate
period.

(4) For the purposes of sub-paragraph (3), the appropriate period is the period
of 8 weeks beginning with the date on which the request was received by the
planning authority or such extended period as may be agreed upon in
writing between the authority and the nominated undertaker.

(5) 5The appropriate Ministers may by regulations make provision for the
extension of the appropriate period for the purposes of sub-paragraph (3) in
connection with the payment of fees by means of cheque.

(6) An agreement under sub-paragraph (4) may be made after, as well as before,
the end of the appropriate period.

(7) 10No agreement may be made under sub-paragraph (4) to extend a period
after it has ended if the nominated undertaker has given notice of appeal
against the refusal which is deemed under sub-paragraph (3) to have
occurred because of the ending of the period.

(8) Where an agreement under sub-paragraph (4) to extend a period is made
15after the period has ended, sub-paragraph (3) is to be treated as not having
applied when the period ended.

(9) In this paragraph, “prescribed” means prescribed by regulations made by
the appropriate Ministers.

(10) No appeal under section 78 of the Town and Country Planning Act 1990
20(right to appeal against planning decisions and failure to take such
decisions) may be made against a decision, or failure to notify a decision, in
relation to which a right of appeal arises under this paragraph.

23 (1) Unless the appropriate Ministers direct otherwise, their functions in relation
to the determination of an appeal under paragraph 22 must, instead of being
25carried out by them, be carried out by a person appointed by them for the
purpose.

(2) The appropriate Ministers may by a further direction revoke a direction
under sub-paragraph (1) at any time before the determination of the appeal.

(3) A direction under sub-paragraph (1) or (2) must be served on the nominated
30undertaker and the planning authority whose decision is appealed against.

(4) At any time before the determination of an appeal by a person appointed for
the purpose under this paragraph, the appropriate Ministers may revoke the
appointment and appoint another person to determine the appeal instead.

(5) Where the function of determining an appeal under paragraph 22 is
35transferred from one person to another, the person to whom the function is
transferred must consider the matter afresh, but the fact that the function is
transferred does not entitle any person to make fresh representations or to
modify or withdraw any representations already made.

(6) If the appropriate Ministers determine an appeal which another person was
40previously appointed to determine, they may, in determining it, take into
account any report made to them by that person.

24 The decision of the person appointed under paragraph 23, or, as the case
may be, of the appropriate Ministers, on an appeal under paragraph 22 is
final.

25 (1) 45An appeal under paragraph 22 is to be dealt with on the basis of written
representations, unless the person deciding the appeal directs otherwise.

(2) Subject to that, the appropriate Ministers may by regulations make such
provision as they think fit about procedure in relation to appeals under
paragraph 22.

(3) Regulations under this paragraph may, in particular—

(a) 5make provision for a time limit within which any person entitled to
make representations must submit them in writing and any
supporting documents,

(b) empower the person deciding an appeal to proceed to a decision
taking into account only such written representations and
10supporting documents as were submitted within the time limit, and

(c) empower the person deciding an appeal, after giving written notice
of intention to do so to the nominated undertaker and the planning
authority whose decision is appealed against, to proceed to a
decision notwithstanding that no written representations were made
15within the time limit, if it appears to the person that there is sufficient
material before the person to enable a decision on the merits of the
case.

(4) Regulations under this paragraph may, in relation to such a time limit as is
mentioned in sub-paragraph (3)(a)—

(a) 20prescribe the time limit in regulations, or

(b) enable the appropriate Ministers to give directions setting the time
limit in a particular case or class of case.

Guidance by Secretary of State

26 (1) The Secretary of State may give guidance to planning authorities in relation
25to the exercise of their functions under this Schedule.

(2) A planning authority must have regard to the guidance.

(3) The guidance may make different provision for different cases.

(4) The guidance may be varied or revoked.

Part 4 30Supplementary and general

Regulations and orders

27 (1) Regulations under this Schedule may make different provision for different
cases.

(2) Regulations and orders under this Schedule must be made by statutory
35instrument.

(3) A statutory instrument containing regulations under this Schedule, or an
order under paragraph 13(3) or (4), is subject to annulment in pursuance of
a resolution of either House of Parliament.

Interpretation

28 40In this Schedule—

High Speed Rail (London - West Midlands) BillPage 149

• “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;

• 5“building” includes any structure other than—

  (a)

  anything in the nature of plant or machinery,

  (b)

  any gate, fence, wall or other means of enclosure,

  (c)

  any tunnel, earthworks (within the meaning of paragraph 3)
  or railway track bed,

  (d)

  10any sight, noise or dust screens (within the meaning of
  paragraph 3),

  (e)

  transformers, telecommunication masts or pedestrian
  accesses to railway lines,

  (f)

  lighting equipment, and

  (g)

  15anything underground, except where forming part of a
  station and intended for use by members of the public
  without a ticket or other permission to travel;

• “permitted limits”, in relation to any development, means the limits of
  the land on which the works of which the development forms part
  20may be carried out under this Act;

• “planning authority” means—

  (a)

  a county council;

  (b)

  a district council; and

  (c)

  a London borough council.

Section 24

25SCHEDULE 17 Listed buildings

Buildings authorised to be demolished, altered or extended

1 (1) This paragraph applies to—

(a) a listed building which—

(i) 30was such a building immediately before 30 September 2013,
and

(ii) is specified in table 1 (see the end of this Schedule), and

(b) a listed building which was not such a building immediately before
that date.

(2) 35If a listed building is one to which this paragraph applies—

(a) section 7 of the Listed Buildings and Conservation Areas Act
(restriction on works affecting listed buildings) does not apply to
works carried out in relation to the building in exercise of the powers
under this Act,

(b) 40to the extent that a notice issued in relation to the building under
section 38(1) of that Act (enforcement) requires the taking of steps
which would be rendered ineffective, or substantially ineffective, by
works proposed to be carried out in exercise of the powers under this
Act, the notice does not have effect or, as the case may be, ceases to
45have effect,