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

132

 
 

(1)

(2)

 
 

Matters

Grounds

 
 

7. Suppression of dust


 
 

The suppression of dust caused

As item 6.

 
 

by construction operations

  

5

 

carried on on land within the

  
 

relevant limits for the purpose

  
 

of carrying out the

  
 

development.

  
 

8. Mud on highway


 

10

 

Measures to be taken on land

That the arrangements ought to

 
 

within the relevant limits to

be modified—

 
 

prevent mud being carried onto

(a)   

to preserve the local

 
 

any public highway as a result

environment or local

 
 

of carrying out the

amenity, or

 

15

 

development.

(b)   

to prevent or reduce

 
  

prejudicial effects on

 
  

road safety or on the

 
  

free flow of traffic in the

 
  

local area,

 

20

  

and are reasonably capable of

 
  

being so modified.

 
 

      (3)  

No arrangements for the purposes of sub-paragraph (1) shall be required—

(a)   

in relation to transportation on a special road or trunk road, or

(b)   

in relation to transportation to a site where the number of large

25

goods vehicle movements (whether to or from the site) does not on

any day exceed 24.

      (4)  

In sub-paragraph (1), the reference to arrangements, in relation to item 6 in

column (1) of the table in sub-paragraph (2), does not include detailed

arrangements.

30

      (5)  

The district planning authority may only impose conditions on approval for

the purposes of this paragraph with the agreement of the nominated

undertaker.

8     (1)  

To the extent that development consists of—

(a)   

the disposal of waste or spoil, or

35

(b)   

the excavation of bulk materials from borrow pits,

           

it shall not be begun unless the local planning authority has, at the request

of the nominated undertaker, approved a scheme for the restoration of the

land on which the development is to be carried out.

      (2)  

The only ground on which the local planning authority may refuse to

40

approve, or impose conditions on the approval of, a scheme for the purposes

of this paragraph is that the scheme ought to be modified, and is reasonably

capable of being modified.

      (3)  

The nominated undertaker shall carry out a scheme approved for the

purposes of this paragraph once it has completed its use of the land to which

45

 

 

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

133

 

the scheme relates for the purpose of carrying out development of a kind to

which sub-paragraph (1) applies.

      (4)  

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.

5

9     (1)  

No work to which this paragraph applies shall be brought into use without

the approval of the local planning authority.

      (2)  

The works to which this paragraph applies are—

(a)   

any scheduled work, except for—

(i)   

a station, or

10

(ii)   

so much of any work constructed in a tunnel as is at least 9

metres below the surface of the land in which it is

constructed, and

(b)   

any depot constructed, in exercise of the powers conferred by this

Act, for use for or in connection with the maintenance or railway

15

vehicles or track, whether or not constructed for use also for other

purposes.

      (3)  

The local planning authority shall, at the request of the nominated

undertaker, grant approval for the purposes of sub-paragraph (1) if—

(a)   

it considers that there are no reasonably practicable measures which

20

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

scheme consisting of provision with respect to the taking of

measures for that purpose.

25

      (4)  

The local planning authority shall not refuse to approve, nor impose

conditions on the approval of, a scheme submitted for the purposes of sub-

paragraph (3)(b) unless it is satisfied that it is expedient to do so on the

ground that the scheme ought to be modified—

(a)   

to preserve the local environment or local amenity,

30

(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.

10         

Where the local planning authority approves a scheme for the purposes of

paragraph 9(3)(b), the nominated undertaker shall be required—

35

(a)   

to carry out the scheme, and

(b)   

to comply with any condition subject to which the scheme is

approved.

Conditions: general

11    (1)  

Where development consists of or includes the carrying out on any site of

40

operations ancillary to the construction of any of the scheduled works, those

operations shall be discontinued as soon as reasonably practicable after the

completion of the relevant scheduled work or works.

      (2)  

The nominated undertaker shall, following discontinuation of the use of any

site for carrying out operations ancillary to the construction of any of the

45

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority

134

 

scheduled works, restore the site in accordance with a scheme agreed with

the local planning authority.

      (3)  

If, in relation to a site used for carrying out operations ancillary to the

construction of any of the scheduled works, no scheme has been agreed for

the purposes of sub-paragraph (2) within 6 months of the completion of the

5

relevant scheduled work or works, the scheme shall be such as the

appropriate Ministers may determine after consultation with the nominated

undertaker and the local planning authority.

      (4)  

Where, independently of any consultation under sub-paragraph (3), the

appropriate Ministers ask the local planning authority for assistance in

10

connection with the carrying out by them of their function under sub-

paragraph (3), they may require the nominated undertaker to reimburse to

the planning authority any expenses which it reasonably incurs in meeting

the request.

      (5)  

Sub-paragraph (2) shall not apply to a site to the extent that it consists of land

15

to which a scheme under paragraph 8 applies.

      (6)  

Sub-paragraph (2) shall not apply where the site is one in relation to which

the nominated undertaker is subject to an obligation under paragraph 2(1)

of Schedule 5.

      (7)  

In this paragraph, references to the relevant scheduled work or works, in

20

relation to any site, are to the scheduled work or works to which the

operations carried out on that site were ancillary.

Part 3

Development not in the area of a unitary authority

Introductory

25

12         

This Part has effect in relation to development not in the area of a unitary

authority.

Planning regimes: district councils

13    (1)  

The requirement set out in paragraph 14 shall be a condition of the deemed

planning permission, so far as relating to relevant development in the area

30

of a district council which is not a qualifying authority for the purposes of

this Schedule.

      (2)  

For the purposes of sub-paragraph (1), development is relevant

development to the extent that it consists of or includes the erection,

construction, alteration or extension of any building.

35

      (3)  

The requirements set out in paragraphs 15 and 16 shall be conditions of the

deemed planning permission, so far as relating to development, other than

excepted development, in the area of a district council which is a qualifying

authority for the purposes of this Schedule.

      (4)  

For the purposes of sub-paragraph (3), excepted development is

40

development consisting of—

(a)   

the disposal of waste or spoil, or

(b)   

the excavation of bulk materials from borrow pits.

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority

135

 

      (5)  

The requirements set out in paragraphs 17 and 18 shall be conditions of the

deemed planning permission, so far as relating to development in the area

of a district council which is a qualifying authority for the purposes of this

Schedule.

      (6)  

The requirements set out in paragraph 19 shall be conditions of the deemed

5

planning permission, so far as relating to development in the area of any

district council

District conditions: non-qualifying authority

14    (1)  

Development shall be carried out in accordance with plans and

specifications for the time being approved by the district planning authority

10

at the request of the nominated undertaker.

      (2)  

The district planning authority may, on approving a plan or specification for

the purposes of this paragraph, specify any respect in which it requires

additional details of the development to be submitted for approval.

      (3)  

Where the district planning authority exercises the power conferred by sub-

15

paragraph (2), the plans and specifications in accordance with which the

development is required under sub-paragraph (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 district planning authority may refuse to

20

approve plans or specifications for the purposes of this paragraph is—

(a)   

that the development to which they relate ought to, and could

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

25

relate ought to be modified to preserve the local environment or local

amenity, and is reasonably capable of being so modified.

District conditions: qualifying authority

15    (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

30

accordance with plans and specifications for the time being approved by the

district planning authority at the request of the nominated undertaker.

      (2)  

The district 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

35

which gives rise to the need for approval under sub-paragraph (1).

      (3)  

Where the district planning authority exercises the power conferred by sub-

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

40

additional details.

      (4)  

The only ground on which the district planning authority may refuse to

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.

45

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority

136

 
 

(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 3 — Development not in the area of a unitary authority

137

 
 

(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.

 
 

      (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

20

column (2) of the table does not apply in relation to development which

forms part of a scheduled work.

      (6)  

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

25

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

brought into general use.

      (7)  

Sub-paragraph (4) (as it has effect with sub-paragraphs (5) and (6)) shall

apply in relation to the imposition of conditions on approval as it applies in

30

relation to the refusal of approval.

16    (1)  

Development shall be carried out in accordance with arangements approved

by the district 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).

35

      (2)  

The only ground on which the district planning authority may refuse to

approve for the purposes of this paragraph arrangements with respect to a

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

40

considered in conjunction with other permitted development which

is to be carried out in the authority’s area, or

(b)   

the ground specified in relation to the matter in column (2) of the

table.

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority

138

 

The Table

 

(1)

(2)

 
 

Matters

Grounds

 
 

1. Storage sites


 
 

Sites on land within the

That the arrangements ought to

 

5

 

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

 
 

the development, or

archaeological or

 

10

 

(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

 
 

waste.

prejudicial effects on

 

15

  

road safety or on the

 
  

free flow of trafic in the

 
  

local area,

 
  

and are reasonably capable of

 
  

being so modified.

 

20

 

2. Construction camps


 
 

Sites on land within the

As item 1.

 
 

relevant limits which are to be

  
 

used for the residential

  
 

accommodation of persons

  

25

 

engaged in carrying out the

  
 

development.

  
 

3. Screening


 
 

Provision where necessary on

As item 1.

 
 

land within the relevant limits

  

30

 

of any screening for working

  
 

sites on such land required for

  
 

the purpose of carrying out the

  
 

development.

  
 

4. Artifical lighting


 

35

 

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

 
  

capable of being so modified.

 

40

 

5. Suppression of dust


 
 

The suppression of dust caused

As item 4.

 
 

by construction operations

  
 

carried on on land within the

  
 

relevant limits for the purpose

  

45

 

of carrying out the

  
 

development.

  
 

 

 
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