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Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary

146

 

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

24    (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 routes by which anything is to be transported

on a highway by a large goods vehicle to—

(a)   

a working or storage site,

10

(b)   

a site where it will be re-used, or

(c)   

a waste disposal site.

      (2)  

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

15

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

any day exceed 24.

      (3)  

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

approve arrangements for the purposes of this paragraph is—

(a)   

that the arrangements relate to development which, for the purposes

20

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

(b)   

that the arrangements ought to be modified to preserve the local

environment, local amenity or a site of archaeological or historic

25

interest or nature conservation value, or to prevent or reduce

prejudicial effects on road safety or on the free flow of traffic in the

local area, and are reasonably capable of being so modified.

      (4)  

The county planning authority may only impose conditions on approval for

the purposes of this paragraph with the agreement of the nominated

30

undertaker.

Part 4

Supplementary

Programming of requests for planning approvals

25         

A planning authority shall not be required to entertain a request for

35

approval under Part 2 or 3 unless—

(a)   

the nominated undertaker has deposited with the authority a

document setting out its proposed programme with respect to the

making of requests under that Part to the authority, and

(b)   

the request is accompanied by a document explaining how the

40

matters to which the request relates fit into the overall scheme of the

works authorised by this Act.

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary

147

 

Consultation

26    (1)  

Where a planning authority considers that a request for approval under Part

2 or 3 relates to matters which may affect—

(a)   

nature conservation,

(b)   

the conservation of the natural beauty or amenity of the countryside,

5

or

(c)   

a site or archaeological or historic interest,

           

it shall within 5 days of receiving the request, invite the appropriate body or

bodies to make representations.

      (2)  

Where under sub-paragraph (1) a planning authority has invited a body to

10

make representations about a request for approval under Part 2 or 3, it shall

not make any decision about the request until—

(a)   

it has received representations from the body about the request,

(b)   

it has been informed by the body that it does not wish to make any

representations, or

15

(c)   

21 days have elapsed since the date of the invitation.

      (3)  

An invitation under sub-paragraph (1) shall specify the time limit for

making representations.

      (4)  

For the purposes of this paragraph, the following are the appropriate bodies

in relation to the following matters—

20

 

Matter

Body

 
 

Nature conservation.

English Nature.

 
 

Conservation of the natural

The Countryside Commission.

 
 

beauty or amenity of the

  
 

countryside.

  

25

 

Sites of archaeological or

The Historic Buildings and

 
 

historic interest.

Monuments Commission for

 
  

England.

 

27    (1)  

Where a planning authority considers that a request for approval under Part

2 or 3 relates to matters which may affect—

30

(a)   

the conservation of the natural beauty or amenity of inland or coastal

waters or land associated with such waters,

(b)   

the conservation of flora or fauna which are dependent on an aquatic

environment, or

(c)   

the use of such waters or land for recreational purposes,

35

           

it shall within 5 days of receiving the request, invite the Environment

Agency to make representations.

      (2)  

Where under sub-paragraph (1) above a planning authority has invited the

Environment Agency to make representations about a request for approval

under Part 2 or 3, it shall not make any decision about the request until—

40

(a)   

it has received representations from the Agency about the request,

(b)   

it has been informed by the Agency that it does not wish to make any

representations about the request, or

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary

148

 

(c)   

21 days have elapsed since the date of the invitation.

      (3)  

An invitation under sub-paragraph (1) shall specify the time limit for

making representations.

Intervention by the Secretary of State

28    (1)  

The appropriate Ministers may by directions require a planning authority to

5

refer any request for approval under Part 2 or 3 to them.

      (2)  

In determining a request referred to them under this paragraph, the

appropriate Ministers shall have the same powers as the authority making

the reference.

      (3)  

The determination by the appropriate Ministers of a request referred to them

10

under this paragraph shall be final.

      (4)  

Directions under this paragraph may—

(a)   

be given in relation to a specified request or requests of a specified

description, and

(b)   

cancel or vary previous directions under this paragraph.

15

29    (1)  

The appropriate Ministers may by directions restrict a planning authority’s

powers in relation to the grant of approval under Part 2 or 3.

      (2)  

Directions under this paragraph may—

(a)   

be given in relation to a specified approval or approvals of a

specified description,

20

(b)   

be expressed to have effect without limit of time or during a specified

period, and

(c)   

cancel or vary previous directions under this paragraph.

Appeals

30    (1)  

Where the nominated undertaker is aggrieved by a decision of a planning

25

authority on a request for approval under Part 2 or 3 (including a decision

under sub-paragraph (2) of paragraph 5, 6, 14, 15 or 21), it may appeal to the

appropriate Ministers by giving notice of the appeal in the prescribed form

to them and to the authority whose decision is appealed against within 42

days of notification of the decision.

30

      (2)  

On an appeal under this paragraph, the appropriate Ministers may allow or

dismiss the appeal or vary the decision of the authority whose decision is

appealed against, but may only make a determination involving the refusal

of, or imposition of conditions on, approval on grounds open to that

authority.

35

      (3)  

Where, following receipt by a planning authority of a request by the

nominated undertaker for relevant approval, the authority does not notify

the undertaker within the appropriate period—

(a)   

of its decision on the request, or

(b)   

that the request has been referred to the appropriate Ministers in

40

accordance with directions under paragraph 28,

           

this paragraph shall apply as if the authority had refused the request and

notified the undertaker of its decision on the last day of the appropriate

period.

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary

149

 

      (4)  

For the purposes of sub-paragraph (3), the appropriate period is the period

of 8 weeks beginning with the date on which the request was received by the

planning authority or such extended period as may be agreed upon in

writing between the authority and the nominated undertaker.

      (5)  

The appropriate Ministers may by regulations make provision for the

5

extension of the appropriate period for the purposes of sub-paragraph (3) in

connection with the payment of fees by means of cheque.

      (6)  

An agreement under sub-paragraph (4) may be made after, as well as before,

the end of the appropriate period.

      (7)  

No agreement may be made under sub-paragraph (4) to extend a period

10

after it has ended if the nominated undertaker has given notice of appeal

against the refusal which is deemed under sub-paragraph (3) to have

occurred because of the ending of the period.

      (8)  

Where an agreement under sub-paragraph (4) to extend a period is made

after the period has ended, sub-paragraph (3) shall be treated as not having

15

applied when the period ended.

      (9)  

In this paragraph, “prescribed” means prescribed by regulations made by

the appropriate Ministers.

31         

No appeal under section 78 of the Town and Country Planning Act 1990

(c. 8) (right to appeal against planning decisions and failure to take such

20

decisions) may be made against a decision, or failure to notify a decision, in

relation to which a right of appeal arises under paragraph 30.

32    (1)  

Unless the appropriate Ministers direct otherwise, their functions in relation

to the determination of an appeal under paragraph 30 shall, instead of being

carried out by them, be carried out by a person appointed by them for the

25

purpose.

      (2)  

The appropriate Ministers may by a further direction revoke a direction

under sub-paragraph (1) at any time before the determination of the appeal.

      (3)  

A direction under sub-paragraph (1) or (2) shall be served on the nominated

undertaker and the planning authority whose decision is appealed against.

30

      (4)  

At any time before the determination of an appeal by a person appointed for

the purpose under this paragraph, the appropriate Ministers may revoke his

appointment and appoint another person to determine the appeal instead.

      (5)  

Where the function of determining an appeal under paragraph 30 is

transferred from one person to another, the person to whom the function is

35

transferred shall consider the matter afresh, but the fact that the function is

transferred shall not entitle any person to make fresh representations or to

modify or withdraw any representations already made.

      (6)  

If the appropriate Ministers determine an appeal which another person was

previously appointed to determine, they may, in determining it, take into

40

account any report made to them by that person.

33         

The decision of the person appointed under paragraph 32, or, as the case

may be, of the appropriate Ministers, on an appeal under paragraph 30 shall

be final.

34    (1)  

An appeal under paragraph 30 shall be dealt with on the basis of written

45

representations, unless the person deciding the appeal directs otherwise.

 

 

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary

150

 

      (2)  

Subject to that, the appropriate Ministers may by regulations make such

provision as they think fit about procedure in relation to appeals under

paragraph 30.

      (3)  

Regulations under sub-paragraph (2) may, in particular—

(a)   

make provision for a time limit within which any person entitled to

5

make representations must submit them in writing and any

supporting documents,

(b)   

empower the person deciding an appeal to proceed to a decision

taking into account only such written representations and

supporting documents as were submitted within the time limit, and

10

(c)   

empower the person deciding an appeal, after giving written notice

of his intention to do so to the nominated undertaker and the

planning authority whose decision is appealed against, to proceed to

a decision notwithstanding that no written representations were

made within the time limit, if it appears to him that he has sufficient

15

material before him to enable him to reach a decision on the merits of

the case.

      (4)  

Regulations under sub-paragraph (2) may, in relation to such a time limit as

is mentioned in sub-paragraph (3)(a)—

(a)   

prescribe the time limit in regulations, or

20

(b)   

enable the appropriate Ministers to give directions setting the time

limit in a particular case or class of case.

35    (1)  

Regulations under paragraph 30 or 34 may make different provision for

different cases.

      (2)  

The power to make regulations under paragraph 30 or 34 shall be exercisable

25

by statutory instrument which shall be subject to annulment in pursuance of

a resolution of either House of Parliament.

Interpretation

36    (1)  

In this Schedule—

“building” includes any structure other than—

30

(a)   

anything in the nature of plant or machinery,

(b)   

any gate, fence, wall or other means of enclosure, or

(c)   

any tunnel, earthwork or railway track bed,

but does not include anything temporary or, except where forming

part of a station and intended for use by members of the public

35

without a ticket or other permission to travel, anything

underground;

“deemed planning permission” means the permission deemed by

section 10(1) to be granted;

“development” has the same meaning as in the Town and Country

40

Planning Act 1990 (c. 8);

“large goods vehicle” has the same meaning as in Part 4 of the Road

Traffic Act 1988 (c. 52);

“permitted development” means development to which the deemed

planning permission relates;

45

“railway vehicle” and “track” have the same meanings as in Part 1 of the

Railways Act 1993 (c. 43);

 

 

Crossrail Bill
Schedule 8 — Heritage: disapplication and modification of controls

151

 

“special road” and “trunk road” have the same meanings as in the

Highways Act 1980 (c. 66).

      (2)  

In this Schedule, references to the appropriate Ministers are to the Secretary

of State for Environment, Food and Rural Affairs and the Secretary of State

for Transport and, in relation to the carrying out of any function, are to those

5

Ministers acting jointly.

      (3)  

For the purposes of this Schedule, spoil or top soil is surplus if it is not used

for the purposes of any of the works authorised by this Act.

Schedule 8

15

 

Heritage: disapplication and modification of controls

10

Listed buildings and conservation areas

1     (1)  

Subject to sub-paragraph (2), if a listed building was such a building

immediately before 15th December 2004 and is specified in columns (1) and

(2) of the following table—

(a)   

section 7 of the Planning (Listed Buildings and Conservation Areas)

15

Act 1990 (c. 9) (restriction on works affecting listed buildings) shall

not apply to works carried out in relation to the building in exercise

of the powers conferred by this Act,

(b)   

to the extent that a notice issued in relation to the building under

section 38(1) of that Act (enforcement) requires the taking of steps

20

which would be rendered ineffective, or substantially ineffective, by

works proposed to be carried out in exercise of the powers conferred

by this Act, it shall not have effect or, as the case may be, shall cease

to have effect,

(c)   

no steps may be taken in relation to the building under section 42(1)

25

of that Act (execution of works specified in notice under section

38(1)) which would be rendered ineffective, or substantially

ineffective, by works proposed to be carried out in exercise of the

powers conferred by this Act, and

(d)   

no works may be executed for the preservation of the building under

30

section 54 of that Act (urgent works to preserve unoccupied listed

buildings) which would be rendered ineffective, or substantially

ineffective, by works proposed to be carried out in exercise of the

powers conferred by this Act.

      (2)  

In the case of any building specified in columns (1) and (2) of the following

35

table in relation to which any description of works is specified in column (3)

of that table, sub-paragraph (1) shall have effect as if the references to works

carried out in exercise of the powers conferred by this Act were, so far as

concerns works of demolition or alteration (as opposed to extension), to

works so carried out which are of a description specified in relation to it in

40

that column.

      (3)  

Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a

listed building which was not such a building immediately before 15th

December 2004.

      (4)  

If a building included in a conservation area and not a listed building—

45

 

 

Crossrail Bill
Schedule 8 — Heritage: disapplication and modification of controls

152

 

(a)   

was not included in a conservation area immediately before 15th

December 2004, or

(b)   

was included in such an area immediately before that date and is

specified in columns (1) and (2) of the following table,

           

section 74 of the Planning (Listed Buildings and Conservation Areas) Act

5

1990 (c. 9) (control of demolition in conservation areas) shall not apply to the

demolition of it in exercise of the powers conferred by this Act.

 

(1)

(2)

(3)

 
 

Area

Building

Works

 
 

Royal Borough of

Maidenhead

Alterations in

 

10

 

Windsor &

Viaduct. Grade II*

connection with

 
 

Maidenhead

 

installation of

 
   

overhead

 
   

electrification

 
   

equipment.

 

15

 

Borough of Slough

Slough railway

Demolition of

 
  

station. Grade II

canopies over

 
   

platform 5.

 
   

Alterations in

 
   

connection with

 

20

   

platform

 
   

lengthening, new

 
   

footbridge,

 
   

overhead line

 
   

electrification and

 

25

   

ticket hall

 
   

rearrangement.

 
 

London Borough of

Hanwell railway

Alterations in

 
 

Ealing

station. Grade II

connection with

 
   

platform

 

30

   

lengthening.

 
 

City of Westminster

Paddington Station.

Demolition of

 
  

Grade 1

retaining walls,

 
   

railings, and canopy

 
   

on Eastbourne

 

35

   

Terrace. Demolition

 
   

of end walls of Red

 
   

Star Parcels

 
   

building.

 
   

Alterations in

 

40

   

connection with

 
   

construction of a

 
   

new lift on platforms

 
   

10 and 11.

 
 

 

 
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