Crossrail Bill

House of Commons

Session 2005 - 06
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Crossrail Bill

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
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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.