Crossrail Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
125

Conditions: non-qualifying authority
5     (1)
Development shall be carried out in accordance with plans and
specifications for the time being approved by the local planning authority at
the request of the nominated undertaker.
      (2)
The local planning authority may, on approving a plan or specification for
5
the purposes of this paragraph, specify any respect in which it requires
additional details of the development to be submitted for approval.
      (3)
Where the local planning authority exercises the power conferred by sub-
paragraph (2), the plans and specifications in accordance with which the
development is required under sub-paragraph (1) to be carried out shall, as
10
regards the specified respect, include a plan or specification showing the
additional details.
      (4)
The only ground on which the local planning authority may refuse to
approve plans or specifications for the purposes of this paragraph is—
(a)
that the development to which they relate ought to, and could
15
reasonably, be carried out elsewhere on land within the relevant
limits, or
(b)
that the design or external appearance of any building to which they
relate ought to be modified to preserve the local environment or local
amenity and is reasonably capable of being so modified.
20
Conditions: qualifying authority
6     (1)
To the extent that development consists of any operation or work mentioned
in column (1) of the table in sub-paragraph (4), it shall be carried out in
accordance with plans and specifications for the time being approved by the
local planning authority at the request of the nominated undertaker.
25
      (2)
The local 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).
      (3)
Where the local planning authority exercises the power conferred by sub-
30
paragraph (2), the plans and specifications in accordance with which the
development is required under sub-paragrah (1) to be carried out shall, as
regards the specified respect, include a plan or specification showing the
additional details.
      (4)
The only ground on which the local planning authority may refuse to
35
approve for the purposes of this paragraph plans or specifications of any
operation or work mentioned in column (1) of the following table is a
ground specified in relation to it in column (2) of the table.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
126

(1)
(2)

Operation or work
Grounds

1. Construction works

(a) The erection, construction,
That the design or external

alteration or extension of any
appearance of the works ought

5

building (except for anything
to be modified—

within (b) or (c) or item 2 or 4)
(a)
to preserve the local

or road vehicle park.
environment or local

(b) The construction, alteration
amenity,

or extension of any terracing,
(b)
to prevent or reduce

10

cuttings, embankments or other
prejudicial effects on

earth works.
road safety or on the

(c) The erection, construction,
free flow of trafic in the

alteration of extension of any
local area, or

fences, walls or other barriers
(c)
to preserve a site of

15

(including bunds) for visual or
archaeological or

noise screening or dust
historic interest or

suppression.
nature conservation

value,

and is reasonably capable of

20

being so modified.

That the development ought to,

and could reasonably, be

carried out elsewhere within

25

the limits of the land on which

the works of which it forms part

may be carried out under this

Act.

2. Minor construction works

30

The erection, construction,
That the design or external

alteration or extension of any
appearance of the works ought

transformers,
to be modified to preserve the

telecommunications masts or
local environment or local

pedestrian accesses to railway
amenity, and is reasonably

35

lines.
capable of being so modified.

That the development ought to,

and could reasonably, be

carried out on land elsewhere

40

within the relevant limits.

3. Fences and walls

The erection, construction,
That the development ought to,

alteration or extension of any
and could reasonably, be

fences or walls (except for
carried out on land elsewhere

45

anything within item 1(c)).
within the relevant limits.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
127

(1)
(2)

Operation or work
Grounds

4. Articifial lighting

The erection, construction or
That the design of the

installation of lighting
equipment, with respect to the

5

equipment.
emission of light, ought to be

modified to preserve the local

environment or local amenity,

and is reasonably capable of

being so modified.

10

That the development ought to,

and could reasonably, be

carried out elsewhere within

the limits of land on which the

15

works of which it forms part

may be carried out under this

Act.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
128

(1)
(2)

Operation or work
Grounds

5. Waste and spoil disposal

The disposal of waste or spoil.
That—

(a)
the design or external

5

appearance of disposal

sites on land within the

relevant limits,

(b)
the methods by which

such sites are worked, or

10

(c)
the noise, dust, vibration

or screening

arrangements during

the operation of such

sites,

15

ought to be modified, and are

reasonably capable of being

modified.

That—

20

(a)
to preserve the local

environment or local

amenity,

(b)
to prevent or reduce

prejudicial effects on

25

road safety or on the

free flow of traffic in the

local area, or

(c)
to preserve a site of

archaeological or

30

historic interest or

nature conservation

value,

the development ought to be

carried out on land elsewhere

35

within the relevant limits, and

is reasonably capable of being

so carried out.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
129

(1)
(2)

Operation or work
Grounds

6. Borrow pits

The excavation of bulk
That—

materials from borrow pits.
(a)
the design or external

5

appearance of borrow

pits on land within the

relevant limits,

(b)
the methods by which

such pits are worked, or

10

(c)
the noise, dust, vibration

or screening

arrangements during

the operation of such

pits,

15

ought to be modified, and are

reasonably capable of being

modified.

That—

20

(a)
to preserve the local

environment or local

amenity,

(b)
to prevent or reduce

prejudicial effects on

25

road safety or on the

free flow of traffic in the

local area, or

(c)
to preserve a site of

archaeological or

30

historic interest or

nature conservation

value,

the development ought to be

carried out on land elsewhere

35

within the relevant limits, and

is reasonably capable of being

so carried out.

      (5)
In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-
paragraph (4), the second of the grounds specified in relation to the item in
40
column (2) of the table does not apply in relation to development which
forms part of a scheduled work.
      (6)
In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4),
the second of the grounds specified in relation to it in column (2) of the table
does not apply in relation to development which—
45
(a)
is within the limits of deviation for the scheduled works, or
(b)
consists of the use of land specified in columns (1) and (2) of Part 1 of
Schedule 6 for a purpose specified in relation to the land in column
(3) of that Part.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
130

      (7)
Any reference in column (1) of the table in sub-paragraph (4) to a description
of works does not include works of that description of a temporary nature;
and for this purpose, a building ancillary to a scheduled work is only to be
regarded as being of a temporary nature if it is intended to remain in place
for no longer than two years after the date on which the scheduled work is
5
brought into general use.
      (8)
Sub-paragraph (4) (as it has effect with sub-paragraphs (5) to (7)) shall apply
in relation to the imposition of conditions on approval as it applies in
relation to the refusal of approval.
7     (1)
Development shall be carried out in accordance with arrangements
10
approved by the local planning authority at the request of the nominated
undertaker with respect to the matters mentioned in column (1) of the table
in sub-paragraph (2).
      (2)
The only ground on which the local planning authority may refuse to
approve for the purposes of this paragraph arrangements with respect to a
15
matter mentioned in column (1) of the following table is—
(a)
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 permitted development which
is to be carried out in the authority’s area, or
20
(b)
the ground specified in relation to the matter in column (2) of the
table.

(1)
(2)

Matters
Grounds

1. Road transport

25

Routes by which anything is to
That the arrangements ought to

be transported on a highway by
be modified—

large goods vehicle to a
(a)
to preserve the local

working or storage site, a site
environment, local

where it will be re-used or a
amenity or a site or

30

waste disposal site.
archaeological or

historic interest or

nature conservation

value, or

(b)
to prevent or reduce

35

prejudicial effects on

road safety or on the

free flow of traffic in the

local area,

and are reasonably capable of

40

being so modified.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
131

(1)
(2)

Matters
Grounds

2. Handling of re-useable spoil and

top soil

Handling during removal,
That the arrangements ought to

5

storage and re-use of any spoil
be modified to ensure that the

or top soil removed during the
spoil or top soil remains in good

course of carrying out the
condition, and are reasonably

development.
capable of being so modified.

3. Storage sites

10

Sites on land within the
That the arrangements ought to

relevant limits at which—
be modified—

(a)
minerals, aggregates or
(a)
to preserve the local

other construction
environment, local

materials required for
amenity or a site of

15

the development, or
archaeological or

(b)
spoil or top soil,
historic interest or

are to be stored until used or re-
nature conservation

used in carrying out the
value, or

development or disposed of as
(b)
to prevent or reduce

20

waste.
prejudicial effects on

road safety or on the

free flow of trafic in the

local area,

and are reasonably capable of

25

being so modified.

4. Construction camps

Sites on land within the
As item 3.

relevant limits which are to be

used for the residential

30

accommodation of persons

engaged in carrying out the

development.

5. Screening

Provision where necessary on
As item 3.

35

land within the relevant limits

of any screening for working

sites on such land required for

the purpose of carrying out the

development.

40

6. Artifical lighting

The use of artificial lighting on
That the arrangements ought to

land within the relevant limits
be modified to preserve the

for the purpose of carrying out
local environment or local

the development.
amenity, and are reasonably

45

capable of being so modified.