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Contents page 1-9 10-19 20-28 30-94 95-109 110-119 120-129 130-139 140-148 150-159 160-169 170-179 180-189 190-199 200-214 Last page

High Speed Rail (London - West Midlands) BillPage 130

(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—

High Speed Rail (London - West Midlands) BillPage 131

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.

High Speed Rail (London - West Midlands) BillPage 132

(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,

High Speed Rail (London - West Midlands) BillPage 133

(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 2015”.

(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

(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
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
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
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
25

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
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
30watercourse
5, 13 Reprofiling of
ground
2/1 Reprofiling of
ground
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 35Reprofiling of
ground
70 Reprofiling of
ground
2/1 Reprofiling of
ground
75 Reprofiling of
ground
2/14 Reprofiling of
40ground
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
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
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
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


45
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


50
Parish of Stoneton 23 Provision of
worksite and
access for
construction and
maintenance
2/133
26 Provision of
worksite and
access for
construction and
maintenance
2/133 Provision of
environmental
mitigation
55
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

60

Parish of Ladbroke 4, 11 Provision of
worksite and
access for
construction
Reprofiling of
ground
2/133 Reprofiling of
ground
65


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
70ground




75
46 Reprofiling of
ground
2/146 Reprofiling 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
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
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 80Reprofiling of
ground
County of
Staffordshire District of Lichfield
Parish of Drayton
Bassett
4 Reprofiling of
ground
3/48 Reprofiling of
ground
85
91, 125, 121,
126, 127
Diversion and
installation of
overhead electric
lines
Diversion and
installation of
overhead
electric lines
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
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
90signal gantries

2a Installation of
signal gantries
Installation of
signal gantries
Installation of
signal gantries
Parish of Colton 1, 20 Provision of
worksite and
access for
construction
Installation of
signal gantries
95Installation 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
Installation of
100signal 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
Diversion and
105installation 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
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
110associated
works
446, 451 Provision of
worksite and
access for
constructionDiversion and
installation of
overhead electric
lines
3/205 Diversion and
installation of
overhead
115electric lines


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.

High Speed Rail (London - West Midlands) BillPage 134

(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—

High Speed Rail (London - West Midlands) BillPage 135

(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
of the works ought to, and could
reasonably, be modified—

(a)

to preserve the local
environment or local amenity,

(b)

30to prevent or reduce prejudicial
effects on road safety or on the
free flow of traffic in the local
area, or

(c)

to preserve a site of
35archaeological or historic
interest or nature conservation
value.


That the development ought to, and
40could reasonably, be carried out
elsewhere within the development’s
permitted limits.
2. Earthworks.
3. Sight, noise or dust screens.

That the design or external appearance
45of the works ought to, and could
reasonably, be modified—

(a)

to preserve the local
environment or local amenity,

(b)

to prevent or reduce prejudicial
50effects on road safety or on the
free flow of traffic in the local
area, or

(c)

to preserve a site of
archaeological or historic
55interest or nature conservation
value.



If the development does not form part
60of a scheduled work, that the
development 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.
65That the design or external appearance
of the works ought to, and could
reasonably, be modified to preserve
the local environment or local amenity.
That the development ought to, and
70could reasonably, be carried out on
land 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
75elsewhere within the development’s
permitted 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
80to preserve the local environment or
local amenity.
If the development does not form part
of a scheduled work, that the
development ought to, and could
85reasonably, be carried out elsewhere
within the development’s permitted
limits.

(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

High Speed Rail (London - West Midlands) BillPage 136

(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—

(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

High Speed Rail (London - West Midlands) BillPage 137

(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
10modified—

(a)

to preserve the local
environment, local amenity or a
site of archaeological or historic
interest or nature conservation
15value, or

(b)

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


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
modified—

(a)

to preserve the local
environment or local amenity,
or

(b)

35to prevent or reduce prejudicial
effects on road safety or on the
free flow of traffic in the local
area,


(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—

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—

High Speed Rail (London - West Midlands) BillPage 139

(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—

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.

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