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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.

 
 

 

 
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Revised 19 May 2005