High Speed Rail (London - West Midlands) Bill (HC Bill 137)

High Speed Rail (London - West Midlands) BillPage 10

(2) The Town and Country Planning (General Permitted Development) (England)
Order 2015 (S.I. 2015/596S.I. 2015/596) (or any order replacing that order) has effect in
relation to any development excepted from section 20(1) by subsection (1) as if
this Act were a local Act.

(3) 5An order under subsection (1) may make different provision for different
cases.

(4) An order under subsection (1) must be made by statutory instrument; and a
statutory instrument containing such an order must be laid before Parliament
after being made.

(5) 10The Secretary of State may direct that section 20(1) does not apply in relation
to development consisting of the carrying out of Works Nos. 2/76B, 2/76C and
2/78 (scheduled works relating to relocation of waste management facilities in
Calvert Green, Buckinghamshire).

(6) Where a direction under subsection (5) has effect in relation to the works
15mentioned in that subsection, the Secretary of State may direct—

(a) that planning permission for the works is deemed to be granted under
Part 3 of the Town and Country Planning Act 1990, subject to such
conditions as may be specified in the direction;

(b) that, where the works have deemed planning permission under
20paragraph (a), section 1(1) is to be treated as also authorising them to be
carried out by such person as may be specified in the direction.

(7) The provisions of the Town and Country Planning Act 1990 (other than section
92 and Part 12) apply in relation to deemed planning permission under
subsection (6)(a) as if it had been granted by the Secretary of State on an
25application referred to the Secretary of State under section 77 of that Act.

(8) Section 21 (time limit on permission) applies in relation to development
authorised by subsection (6)(a) as if it had deemed planning permission under
section 20(1).

(9) The Secretary of State must—

(a) 30publish any direction under subsection (6)(a) in such manner as the
Secretary of State thinks appropriate, and

(b) give copies of any such direction to—

(i) the owners and occupiers of the land to which the deemed
planning permission relates, and

(ii) 35the district council in whose area the development to which the
direction relates is or is to be carried out.

(10) Where the works mentioned in subsection (5) are carried out by a person other
than the nominated undertaker—

(a) section 10(1) of the Compulsory Purchase Act 1965 (compensation for
40injurious affection) has effect, in relation to land injuriously affected by
the execution of the works, as if for “acquiring authority have” there
were substituted “person carrying out the works has”;

(b) section 6 of the Railways Clauses Consolidation Act 1845 (as applied by
paragraph 4(1) of Schedule 27) has effect as if references to “the
45company” were to the person carrying out the works.

(11) Directions given under subsection (5) or (6) may revoke or vary previous such
directions.

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23 Parking at Birmingham Interchange: limit on deemed planning permission

(1) In the case of development consisting of the provision of parking at
Birmingham Interchange (“relevant development”), section 20(1) only applies
to development which, when taken together with any other relevant
5development which has deemed planning permission under section 20(1),
does not involve—

(a) the provision of more than 7500 parking spaces for cars, and

(b) the provision of more than 5 parking spaces for coaches.

(2) Schedule 17 (planning conditions) does not apply to development to which
10subsection (1) applies.

(3) The deemed planning permission under section 20(1) for relevant
development is to be treated for the purposes of the Development
Management Procedure Order (and for no other purpose) as an outline
planning permission in respect of which access, appearance, landscaping and
15layout (in each case as defined by that Order) are specified as reserved matters
for the subsequent approval of the local planning authority.

(4) In this section—

(a) “Birmingham Interchange” means so much of the land within the Act
limits as falls within the area bounded by—

(i) 20the A452 Chester Road to the east,

(ii) the M42 to the west, and

(iii) the A45 Coventry Road to the south;

(b) “the Development Management Procedure Order” means the Town
and Country Planning (Development Management Procedure)
25(England) Order 2015 (S.I. 2015/595S.I. 2015/595) (or any order replacing it);

(c) the reference to development consisting of the provision of parking
does not include development consisting of—

(i) the provision of short-term parking for cars, taxis and coaches,
or

(ii) 30the provision of parking on working sites.

24 Development consent

The works authorised by this Act do not require consent under the Planning
Act 2008 (development consent).

Deregulation

25 35Listed buildings

Schedule 18 contains provision for the disapplication or modification of
controls relating to listed buildings.

26 Ancient monuments

Schedule 19 contains provision for the disapplication or modification of
40controls relating to ancient monuments.

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27 Burial grounds

(1) Nothing in any enactment relating to burial grounds and no obligation or
restriction imposed under ecclesiastical law or otherwise has effect to prohibit,
restrict or impose any condition on the use of any land comprised in a burial
5ground for the purpose of constructing any of the works authorised by this Act.

(2) Subsection (1) does not apply where the use of the land for that purpose would
involve disturbing human remains which are buried in it, unless the remains
and any monument to the deceased have been dealt with in accordance with
Schedule 20.

(3) 10In this section and Schedule 20 “monument” includes a tombstone or other
memorial; and references to a monument to a person are to a monument
commemorating that person, whether alone or with any other person.

28 Consecrated land

(1) No obligation or restriction imposed under ecclesiastical law or otherwise in
15relation to consecrated land has effect to prohibit, restrict or impose any
condition on the exercise of the powers conferred by this Act with respect to
works.

(2) Subsection (1) does not apply in relation to the use of land comprised in a burial
ground for the purpose of constructing any of the works authorised by this Act.

29 20Commons and open spaces

No enactment regulating the use of commons, town or village greens, open
spaces or allotments, and no enactment specially regulating any land of any of
those kinds, prevents or restricts—

(a) the doing of anything for Phase One purposes on land held by the
25Secretary of State or the nominated undertaker for those purposes,

(b) the exercise of any right of entry under this Act (or the doing of
anything pursuant to such a right of entry), or

(c) the doing of anything in exercise of any other power under this Act.

30 Trees

(1) 30The enactments specified in subsection (2) do not apply to—

(a) tree works which are carried out in relation to a tree growing on land
within the Act limits for the purposes of or in connection with the
construction of the works authorised by this Act, or

(b) tree works which are carried out in relation to a tree growing on land
35used for Phase One purposes and are necessary—

(i) to enable works authorised by this Act to be maintained, or

(ii) for reasons of safety in connection with such works or the
operation of Phase One of High Speed 2.

(2)
The enactments referred to in subsection (1) are—

(a) 40an order under section 198(1) or 202(1) of the Town and Country
Planning Act 1990 and regulations under section 202A(1) of that Act
(tree preservation orders), and

(b) section 211(1) and (5) of that Act (preservation of trees in conservation
areas).

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(3) In this section, “tree works” means works consisting of the removal, topping or
lopping of a tree or the cutting back of the roots of a tree.

31 Overhead lines

(1) Section 37(1) of the Electricity Act 1989 (which requires the consent of the
5Secretary of State in relation to overhead lines) does not apply in relation to an
electric line where—

(a) the line is installed above land within the Act limits, and

(b) the installation of the line—

(i) is a work authorised by this Act, and

(ii) 10has deemed planning permission under section 20(1).

(2) Where section 37(1) of the Electricity Act 1989 applies in relation to an electric
line—

(a) the installation of which is a work authorised by this Act, or

(b) which is installed, or is to be installed, for the purposes of, in connection
15with or in consequence of the construction of any work authorised by
this Act,

Schedule 8 to that Act (procedure for obtaining consent) has effect as if
paragraph 2(2) (public inquiry to be held where planning authority object to
consent application) were omitted.

(3) 20The installation of an electric line by a person other than the nominated
undertaker is to be treated for the purposes of subsection (1)

(a) as a work authorised by this Act, and

(b) as having deemed planning permission under section 20(1),

if, were it carried out by the nominated undertaker, it would be a work
25authorised by this Act and would have such permission.

(4) The installation of an electric line for the purposes of, in connection with or in
consequence of the construction of any work authorised by this Act does not
require consent under the Planning Act 2008 (development consent).

(5) In this section, “electric line” has the same meaning as in Part 1 of the Electricity
30Act 1989 (see section 64 of that Act).

32 Water

Schedule 21 contains provision about water abstraction and impounding and
other matters related to water and drainage.

33 Buildings

(1) 35Schedule 22 contains provision about the application of various provisions of
the Building Act 1984 and building regulations.

(2) Schedule 23 contains provision about the application of the Party Wall etc Act
1996.

34 Street works

40Schedule 24 disapplies various controls relating to works in or near streets and
highways.

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35 Lorries

Schedule 25 contains provision about the use of heavy commercial vehicles.

36 Noise

Schedule 26 contains provision about—

(a) 5noise on construction sites, and

(b) noise which constitutes a statutory nuisance.

37 Local Acts

Schedule 27 disapplies various controls under local Acts relating to London,
Oxfordshire, Staffordshire and the West Midlands.

10Railway matters

38 Objectives of Office of Rail and Road

(1) The list of objectives in section 4(1) of the Railways Act 1993 (objectives of
Office of Rail and Road and Secretary of State) is to be treated, in relation to the
Office of Rail and Road only, as including the objective of facilitating the
15construction of Phase One of High Speed 2.

(2) The Office of Rail and Road must consult the Secretary of State about the
discharge of its duty under section 4(1) of the Railways Act 1993 so far as
relating to that objective.

(3) This section ceases to have effect on such day as the Secretary of State may
20specify by order.

(4) An order under subsection (3) must be made by statutory instrument; and a
statutory instrument containing such an order must be laid before Parliament
after being made.

39 Disapplication of licensing requirement in pre-operational phase

(1) 25Section 6(1) of the Railways Act 1993 (which prohibits any person from acting
as the operator of a railway asset unless authorised by a licence under section
8 of that Act) does not apply in relation to—

(a) a railway asset, other than a train, which is constructed in exercise of
the powers conferred under this Act but which is not yet ready for
30commercial use, or

(b) a train being used on a network where the network is a railway asset
falling within paragraph (a).

(2) For the purposes of subsection (1), a railway asset is to be taken to be ready for
commercial use only if the Secretary of State has laid before Parliament notice
35of his or her determination that it is ready for such use.

(3) The exemption granted by subsection (1) is an appropriate licence exemption
for the purposes of section 122 of the Railways Act 1993 (which provides a
defence to actions in nuisance etc to persons who hold a licence under section
8 of that Act or have an appropriate licence exemption).

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(4) In this section “network”, “railway asset” and “train” have the same meanings
as in Part 1 of the Railways Act 1993.

40 Disapplication of statutory closure provisions

(1) The Secretary of State may at any time before Phase One of High Speed 2 is
5ready for commercial use direct that the statutory closure provisions (so far as
otherwise relevant) are not to apply to any discontinuance which the Secretary
of State considers necessary or expedient because of—

(a) the carrying out or proposed carrying out of works authorised by this
Act, or

(b) 10the proposed operation of Phase One of High Speed 2.

(2) In subsection (1) “statutory closure provisions” means the following provisions
of the Railways Act 2005—

  • sections 22 to 25 (discontinuance of railway passenger services),

  • sections 26 to 28 (discontinuance of operation of passenger networks),

  • 15sections 29 to 31 (discontinuance of use or operation of stations), and

  • section 37 (discontinuance of experimental passenger services).

(3) For the purposes of this section, Phase One of High Speed 2 is to be taken to be
ready for commercial use only if the Secretary of State has laid before
Parliament notice of his or her determination that it is ready for such use.

41 20Other railway legislation etc

Schedule 28 contains provision about the application of railway legislation.

42 Co-operation

(1) Where the nominated undertaker considers that a matter affects—

(a) the construction, maintenance or operation of Phase One of High Speed
252, and

(b) the construction, maintenance or operation of a railway asset, or other
railway facility, which is not a Phase One asset or facility,

the nominated undertaker may by notice require a controller of the asset or
facility to enter into an agreement with the nominated undertaker about how
30the matter is to be dealt with.

(2) Where a controller of a railway asset, or other railway facility, that is not a
Phase One asset or facility considers that a matter affects—

(a) the construction, maintenance or operation of the asset or facility, and

(b) the construction, maintenance or operation of Phase One of High Speed
352,

the controller may by notice require the nominated undertaker to enter into an
agreement with the controller about how the matter is to be dealt with.

(3) The terms of an agreement under subsection (1) or (2) are to be such as the
nominated undertaker and the controller may agree or, in default of
40agreement, as may be determined by arbitration.

(4) Schedule 29 contains provision about arbitration under subsection (3) (which
is in addition to the general provision about arbitration in section 63).

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(5) For the purposes of this section, a railway asset or other railway facility is a
“Phase One asset or facility” if—

(a) in the case of a railway asset consisting of any train being used on a
network, the network is comprised in Phase One of High Speed 2, and

(b) 5in any other case, if the railway asset or other railway facility is used, or
intended for use, for Phase One purposes.

(6) Subsections (1) and (2) do not apply in relation to—

(a) a matter which pursuant to any enactment must or may be dealt with
by the Office of Rail and Road, or

(b) 10a matter relating to an agreement which pursuant to any provision of
that or any other agreement must or may be dealt with by the Office of
Rail and Road.

(7) In this section—

  • “controller”, in relation to a railway asset or facility, means—

    (a)

    15the person having the management of the asset or facility for the
    time being, or

    (b)

    a person who owns, or has rights in relation to, the asset or
    facility;

  • “network”, “railway asset” and “train” have the same meanings as in Part
    201 of the Railways Act 1993;

  • “railway facility” includes a maintenance depot, electrical supply facility
    or stabling facility.

43 Transfer of functions relating to works

(1) If for the purposes of this Act the Secretary of State acquires any land from a
25railway operator on which works authorised by any enactment are situated,
the Secretary of State may by order provide for the transfer to the Secretary of
State or the nominated undertaker of any power or duty which—

(a) was previously exercisable by the railway operator, and

(b) was conferred under an enactment.

(2) 30The Secretary of State may by order provide for the further transfer, to the
Secretary of State or the nominated undertaker, of a power or duty transferred
under subsection (1) or this subsection.

(3) If a railway operator acquires any land from the Secretary of State on which
works authorised by this Act are situated, the Secretary of State may, with the
35consent of the railway operator, by order provide for the transfer to the railway
operator of any duty under this Act relating to the works.

(4) An order under this section may contain such supplementary, incidental,
consequential or transitional provision as the Secretary of State considers
necessary or expedient in connection with the order.

(5) 40In subsections (1) and (3), references to a railway operator are to a person who
has the management for the time being of any network, station or light
maintenance depot.

(6) In this section “light maintenance depot”, “network” and “station” have the
same meanings as in Part 1 of the Railways Act 1993”.

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Nominated undertaker and other Phase One function-holders

44 Nominated undertaker

(1) The Secretary of State may by order—

(a) appoint a person specified in the order as the nominated undertaker for
5such purposes of such provisions of this Act as may be so specified;

(b) provide that an appointment under paragraph (a) ceases to have effect
in such circumstances as may be specified in the order.

(2) Where, in the case of any provision of this Act which refers to the nominated
undertaker, there is any purpose of the provision for which no-one has been
10appointed as the nominated undertaker under subsection (1), any reference in
the provision to the nominated undertaker is to be read, in relation to that
purpose, as a reference to the Secretary of State.

(3) The Secretary of State may fetter the exercise of his or her discretion under
subsection (1) by agreement with a person who is, or is proposed to be,
15specified in an order under that subsection.

(4) The Secretary of State may by order make such modifications of any provision
of this Act referring to the Secretary of State, so far as applying for a purpose
in relation to which subsection (2) has effect, as appear to the Secretary of State
to be necessary or expedient in consequence of the Secretary of State’s having
20functions by virtue of that subsection.

(5) An order under this section may contain such supplementary, incidental,
consequential or transitional provision as the Secretary of State considers
necessary or expedient.

(6) An order under this section must be made by statutory instrument.

(7) 25A statutory instrument containing an order under subsection (4) is subject to
annulment in pursuance of a resolution of either House of Parliament.

45 Transfer schemes

(1) The Secretary of State may make schemes for the transfer of property, rights and
liabilities

(a) 30from High Speed Two (HS2) Limited, or

(b) from a body corporate which is a wholly-owned subsidiary of High Speed Two
(HS2) Limited,

to any person, including the Secretary of State.

(2) In subsection (1), “wholly-owned subsidiary” has the meaning given by section
351159 of the Companies Act 2006.

(3) Schedule 30 contains further provision about schemes made under this section.

Statutory undertakers

46 Extension of planning permission for statutory undertakers

Schedule 31 contains provision about certain works carried out by statutory
40undertakers, including provision extending the planning permission granted

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by the Town and Country Planning (General Permitted Development)
(England) Order 2015 for works covered by an environmental assessment.

47 Protective provisions

Schedule 32 contains provision protecting the interests of certain persons who
5may be affected by other provisions of this Act.

Regeneration, reinstatement and environmental works

48 Compulsory acquisition of land for regeneration or relocation

(1) If the Secretary of State considers that the construction or operation of Phase
One of High Speed 2 gives rise to the opportunity for regeneration or
10development of any land, the Secretary of State may acquire the land
compulsorily.

(2) Before exercising the power under subsection (1) to acquire land compulsorily,
the Secretary of State must consult each relevant local authority as to whether
the acquisition would be in the interests of the proper planning of an area in
15which the land is situated.

(3) In subsection (2), “relevant local authority” means the council of a county,
district or London borough in whose area the land is situated.

(4) If the whole or part of any undertaking is displaced, or is likely to be displaced,
as a result of the exercise of any power under this Act, the Secretary of State
20may acquire land compulsorily—

(a) for the relocation of the undertaking, or

(b) in a case relating to part of an undertaking—

(i) for the relocation of the displaced part, or

(ii) for the purpose of providing land in substitution for the site of
25the displaced part.

(5) For the purposes of subsection (4), the whole or part of an undertaking is
displaced if the site on which it has previously been carried on is no longer
reasonably capable of being used for the purposes of the undertaking.

(6) The Acquisition of Land Act 1981 applies to the compulsory acquisition of land
30under this section.

(7) In relation to a compulsory acquisition under this section—

(a) section 234 of TCPA 1990 (disposal of land) and section 236 of that Act
(extinguishment of rights) apply as they apply where land is acquired
as mentioned in those sections,

(b) 35section 237 of TCPA 1990 (power to override easements etc) applies as
it applies to land acquired or appropriated by a local authority for
planning purposes, but as if in subsections (1) and (1A) for “in
accordance with planning permission” there were substituted “for the
purpose for which the land was acquired”,

(c) 40sections 238, 239 and 241 of TCPA 1990 (use and development of
consecrated land, burial grounds and open spaces) apply as if, in
subsection (1)(a) of each of those sections, for “for any purpose for
which he acquired the land” there were substituted “, or by any other
person, for any purpose for which the land was acquired”, and

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(d) section 245 of TCPA 1990 (modified application of Acquisition of Land
Act 1981 and Compulsory Purchase Act 1965) applies as it applies
where land is proposed to be acquired as mentioned in that section.

(8) Sections 237, 238, 239 and 241 of TCPA 1990 also apply as mentioned in
5subsection (7)(b) and (c) where land is acquired by the Secretary of State,
otherwise than under this section, for a purpose for which land may be
acquired under this section.

(9) The power to acquire land compulsorily under this section includes power to
acquire an easement or other right over land by creating a new easement or
10right.

(10) Section 13(2), (3) and (5) of, and Part 2 of Schedule 1 to, the Local Government
(Miscellaneous Provisions) Act 1976 (application of compulsory purchase
legislation) apply to a compulsory acquisition by virtue of subsection (9) as
they apply to an acquisition of rights by virtue of section 13(1) of that Act.

(11) 15In this section—

  • “TCPA 1990” means the Town and Country Planning Act 1990;

  • “undertaking” includes a business or facility.

49 Power to carry out reinstatement works

(1) The nominated undertaker may, where the operation or use of the whole or
20part of an undertaking is discontinued or substantially impaired as a result of
the exercise of any power under this Act, carry out reinstatement works within
the Act limits.

(2) For the purposes of this section, “reinstatement works” means works for the
purposes of or in connection with the reinstatement (whether on the same site
25or otherwise) of the whole or part of the undertaking in question.

(3) Where the power under subsection (1) is exercised for the purpose of carrying
out temporary reinstatement works, it may be further exercised for the
purpose of carrying out permanent reinstatement works.

(4) The Secretary of State may direct that section 20(1) (deemed planning
30permission for development authorised by this Act) does not apply in relation
to particular reinstatement works.

(5) Where a direction under subsection (4) has effect in relation to reinstatement
works, the Secretary of State may direct—

(a) that planning permission for the works is deemed to be granted under
35Part 3 of the Town and Country Planning Act 1990, subject to such
conditions as may be specified in the direction (but see subsection (8));

(b) that, where the works have deemed planning permission under
paragraph (a), subsection (1) is to be treated as also authorising them to
be carried out by such person as may be specified in the direction.

(6) 40The provisions of the Town and Country Planning Act 1990 (other than section
92 and Part 12) apply in relation to deemed planning permission under
subsection (5)(a) as if it had been granted by the Secretary of State on an
application referred to the Secretary of State under section 77 of that Act.

(7) Section 21 (time limit on deemed planning permission) applies in relation to
45development authorised by subsection (5)(a) as it applies in relation to
development consisting of the carrying out of a scheduled work.