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Crossrail Bill


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

139

 
 

(1)

(2)

 
 

Matters

Grounds

 
 

6. Mud on highway


 
 

Measures to be taken on land

That the arrangements ought to

 
 

within the relevant limits to

be modified—

 

5

 

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

 
 

development.

(b)   

to prevent or reduce

 
  

prejudicial effects on

 

10

  

road safety or on the

 
  

free flow of traffic in the

 
  

local area,

 
  

and are reasonably capable of

 
  

being so modified.

 

15

 

      (3)  

The district planning authority may only impose conditions on approval for

the purposes of this paragraph with the agreement of the nominated

undertaker.

      (4)  

In sub-paragraph (1), the reference to arrangements, in relation to item 4 in

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

20

arrangements.

17    (1)  

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

the approval of the district planning authority.

      (2)  

The works to which this paragraph applies are—

(a)   

any scheduled work, except for—

25

(i)   

a station, or

(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

30

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

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

purposes.

      (3)  

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

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

35

(a)   

it considers that there are no reasonably practicable measures which

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

40

measures for that purpose.

      (4)  

The district 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—

45

(a)   

to preserve the local environment or local amenity,

 

 

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

140

 

(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.

18         

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

paragraph 17(3)(b), the nominated undertaker shall be required—

5

(a)   

to carry out the scheme, and

(b)   

to comply with any condition subject to which the scheme is

approved.

District conditions: general

19    (1)  

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

10

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

15

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

the district 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

20

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

appropriate Ministers may determine after consultation with the nominated

undertaker and the district planning authority.

      (4)  

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

appropriate Mininsters ask the district planning authority for assistance in

25

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

30

to which a scheme under paragraph 23 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

35

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

operations carried out on that site were ancillary.

County conditions: qualifying authority

20    (1)  

The requirements set out in paragraphs 21 to 23 shall be conditions of the

deemed planning permission, so far as relating to relevant development in

40

the area of a county council which is a qualfying authority for the purposes

of this Schedule.

      (2)  

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

development consisting of—

(a)   

the disposal of waste or spoil, or

45

 

 

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

141

 

(b)   

the excavation of bulk materials from borrow pits.

      (3)  

The requirement set out in paragraph 24 shall be a condition of the deemed

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

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

Schedule.

5

21    (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

county planning authority at the request of the nominated undertaker.

      (2)  

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

10

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 county planning authority exercises the power conferred by sub-

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

15

development is required under sub-paragraph (1) to be carried out shall, as

regards the specific respect, include a plan or specification showing the

additional details.

      (4)  

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

approve for the purposes of this paragraph plans or specifications of any

20

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 3 — Development not in the area of a unitary authority

142

 
 

(1)

(2)

 
 

Operation or work

Grounds

 
 

1. 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 3 — Development not in the area of a unitary authority

143

 
 

(1)

(2)

 
 

Operation or work

Grounds

 
 

2. 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 each of the items in column (1) of the table in sub-paragraph

(4), the second of the grounds specified in relation to the item in column (2)

40

of the table does not apply in relation to development which—

(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.

45

      (6)  

Sub-paragraph (4) (as it has effect with sub-paragraph (5)) shall apply in

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

to the refusal of approval.

 

 

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

144

 

22    (1)  

Development shall be carried out in accordance with arrangements

approved by the county 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 county planning authority may refuse to

5

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

considered in conjunction with other permitted development which

10

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.

 

(1)

(2)

 
 

Matters

Grounds

 

15

 

1. Storage sites


 
 

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

 

20

 

materials required for

amenity or a site of

 
 

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

 

25

 

development or disposed of as

(b)   

to prevent or reduce

 
 

waste.

prejudicial effects on

 
  

road safety or on the

 
  

free flow of trafic in the

 
  

local area,

 

30

  

and are reasonably capable of

 
  

being so modified.

 
 

2. Construction camps


 
 

Sites on land within the

As item 1.

 
 

relevant limits which are to be

  

35

 

used for the residential

  
 

accommodation of persons

  
 

engaged in carrying out the

  
 

development.

  
 

3. Screening


 

40

 

Provision where necessary on

As item 1.

 
 

land within the relevant limits

  
 

of any screening for working

  
 

sites on such land required for

  
 

the purpose of carrying out the

  

45

 

development.

  
 

 

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

145

 
 

(1)

(2)

 
 

Matters

Grounds

 
 

4. Artifical lighting


 
 

The use of artificial lighting on

That the arrangements ought to

 
 

land within the relevant limits

be modified to preserve the

 

5

 

for the purpose of carrying out

local environment or local

 
 

the development.

amenity, and are reasonably

 
  

capable of being so modified.

 
 

5. Suppression of dust


 
 

The suppression of dust caused

As item 4.

 

10

 

by construction operations

  
 

carried on on land within the

  
 

relevant limits for the purpose

  
 

of carrying out the

  
 

development.

  

15

 

6. Mud on highway


 
 

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

 

20

 

of carrying out the

amenity, or

 
 

development.

(b)   

to prevent or reduce

 
  

prejudicial effects on

 
  

road safety or on the

 
  

free flow of traffic in the

 

25

  

local area,

 
  

and are reasonably capable of

 
  

being so modified.

 
 

      (3)  

The county planning authority may only impose conditions on approval for

the purposes of this paragraph with the agreement of the nominated

30

undertaker.

      (4)  

In sub-paragraph (1), the reference to arrangements, in relation to item 4 in

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

arrangements.

23    (1)  

To the extent that development consists of—

35

(a)   

the disposal of waste or spoil, or

(b)   

the excavation of bulk materials from borrow pits,

           

it shall not be begun unless the county 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.

40

      (2)  

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

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

45

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

 

 

 
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Revised 19 May 2005