|
| |
| |
(e) | make provision about the consequences of non-payment of a |
| |
prescribed fee, including provision for the termination of the |
| |
application concerned or any appeal against its refusal, |
| |
(f) | make provision for the resolution of disputes. |
| |
(3) | Regulations under subsection (1) may— |
| 5 |
(a) | make such supplementary, incidental or consequential provision as the |
| |
appropriate Ministers think fit, and |
| |
(b) | make different provision for different cases. |
| |
(4) | The power to make regulations under subsection (1) shall be exercisable by |
| |
statutory instrument which shall be subject to annulment in pursuance of a |
| 10 |
resolution of either House of Parliament. |
| |
(5) | Nothing in regulations under section 303 of the Town and Country Planning |
| |
Act 1990 (c. 8) (fees for planning applications) shall apply to a relevant |
| |
| |
| 15 |
“the appropriate Ministers” means the Secretary of State for Environment, |
| |
Food and Rural Affairs and the Secretary of State for Transport acting |
| |
| |
“prescribed” means prescribed in regulations under subsection (1); |
| |
“relevant planning application” means a request for approval under the |
| 20 |
planning permission deemed by section 10(1) to be granted. |
| |
13 | Power to disapply section 10(1) |
| |
(1) | The Secretary of State may, in relation to any work constructed in exercise of |
| |
the powers conferred by this Act, by order provide that section 10(1), so far as |
| |
relating to development consisting of operations for the maintenance or |
| 25 |
alteration of the work, shall be treated as not applying in relation to operations |
| |
begun on or after such day as may be specified in the order. |
| |
(2) | The Town and Country Planning (General Permitted Development) Order |
| |
1995 (S.I. 1995/418) (or any order replacing that order) shall have effect in |
| |
relation to any development excepted from section 10(1) by subsection (1) as if |
| 30 |
this Act were a local Act. |
| |
(3) | Orders under subsection (1) may make different provision for different cases. |
| |
(4) | The power conferred by subsection (1) shall be exercisable by statutory |
| |
| |
(5) | A statutory instrument containing an order under subsection (1) shall be laid |
| 35 |
before Parliament after being made. |
| |
14 | EIA regulations: replacement development |
| |
(1) | The EIA regulations shall have effect as if the definition of “EIA development” |
| |
in regulation 2(1) of the regulations included any development not included in |
| |
paragraph (a) or (b) of the definition which— |
| 40 |
(a) | consists of the construction of a building in place of a building |
| |
demolished, or substantially demolished, in exercise of the powers |
| |
| |
| |
| |
|
| |
| |
(3) | The second condition is that the development would be likely to have |
| |
significant effects on the environment by virtue of factors such as its nature, |
| |
| |
| |
“building” includes any structure; |
| 5 |
“EIA regulations” has the same meaning as in section 10. |
| |
| |
15 | Disapplication and modification of controls |
| |
Schedule 8 (which makes provision for the disapplication or modification, in |
| |
relation to authorised works, of controls relating to listed buildings, buildings |
| 10 |
in conservation areas and ancient monuments etc.) has effect. |
| |
| |
Schedule 9 (which makes provision about rights of entry for the Historic |
| |
Buildings and Monuments Commission for England) has effect. |
| |
| 15 |
17 | Power to deal with trees on neighbouring land |
| |
(1) | Where any tree overhangs land used for the purposes of Crossrail or otherwise |
| |
for the purposes of works authorised by this Act, the nominated undertaker |
| |
may by notice to the occupier of the land on which the tree is growing require |
| |
the tree to be removed, topped or lopped if it is necessary for that to be done— |
| 20 |
(a) | to enable works authorised by this Act to be maintained, or |
| |
(b) | for reasons of safety in connection with the operation of Crossrail. |
| |
(2) | The person to whom a notice under subsection (1) is given may object to the |
| |
notice by giving the nominated undertaker a counter-notice to that effect |
| |
before the end of the period of 28 days beginning with the day on which the |
| 25 |
notice under subsection (1) is given. |
| |
(3) | If a counter-notice is given under subsection (2), the notice under subsection (1) |
| |
shall have no effect unless confirmed by an order of the county court. |
| |
(4) | The nominated undertaker may carry out the works required by a notice under |
| |
subsection (1) if the notice has been in effect for a continuous period of at least |
| 30 |
28 days and has not been complied with. |
| |
(5) | Where the power conferred by subsection (4) is exercisable, the nominated |
| |
| |
(a) | enter the land on which the tree concerned is growing, for the purpose |
| |
of exercising the power in relation to it, and |
| 35 |
(b) | take with it such vehicles and equipment as are necessary for that |
| |
| |
(6) | If the nominated undertaker tops or lops a tree in exercise of the power |
| |
conferred by subsection (4), it shall do so in a husbandlike manner and in such |
| |
a way as to cause the minimum of damage to the tree. |
| 40 |
| |
| |
|
| |
| |
(7) | On application by a person who— |
| |
(a) | has incurred expenses in complying with a notice under subsection (1), |
| |
| |
(b) | has suffered any loss or damage in consequence of the carrying out of |
| |
works required by such a notice, |
| 5 |
| the county court shall order the nominated undertaker to pay him such |
| |
compensation in respect of the loss, damage or expenses as it thinks fit. |
| |
18 | Disapplication of controls |
| |
(1) | Neither of the following shall apply to tree works which are authorised for the |
| |
purposes of this section— |
| 10 |
(a) | an order under section 198(1) of the Town and Country Planning Act |
| |
1990 (c. 8) (tree preservation orders), and |
| |
(b) | section 211(1) and (5) of that Act (preservation of trees in conservation |
| |
| |
(2) | Tree works are authorised for the purposes of this section if— |
| 15 |
(a) | they are required by a notice under section 17(1), |
| |
(b) | they are carried out, for the purposes of or in connection with the |
| |
construction of the works authorised by this Act, in relation to a tree |
| |
growing on land within the relevant limits, or |
| |
(c) | they are carried out in relation to a tree growing on land used for the |
| 20 |
purposes of or in connection with Crossrail and are necessary to enable |
| |
the works authorised by this Act to be maintained or for reasons of |
| |
safety in connection with the operation of any railway used for the |
| |
purposes of or in connection with Crossrail. |
| |
(3) | In this section, references to tree works are to works consisting of the removal, |
| 25 |
topping or lopping of a tree. |
| |
| |
19 | Control of construction sites: appeals |
| |
(1) | In the Control of Pollution Act 1974 (c. 40), sections 60 (control of noise on |
| |
construction sites) and 61 (prior consent for work on construction sites) shall |
| 30 |
have effect, in relation to works carried out in exercise of the powers conferred |
| |
by this Act, with the following modifications. |
| |
(2) | In subsection (7) (appeal against failure to give consent or the giving of |
| |
qualified consent), for “a magistrates’ court” there shall be substituted “the |
| |
| 35 |
(3) | After that subsection there shall be inserted— |
| |
“(7A) | If within seven days of the giving of notice of appeal under subsection |
| |
(7) of this section the appellant and the local authority so agree, the |
| |
appeal shall, instead of being determined by the Secretary of State, be |
| |
referred to arbitration.” |
| 40 |
(4) | The Secretary of State for Environment, Food and Rural Affairs and the |
| |
Secretary of State for Transport acting jointly may, in relation to appeals which |
| |
are referred to arbitration under subsection (7A) of section 60 or 61 of the |
| |
Control of Pollution Act 1974, by regulations made by statutory instrument |
| |
| |
| |
|
| |
| |
make any such provision as may be made by regulations under section 70 of |
| |
that Act in relation to appeals under Part 3 of that Act to the Secretary of State. |
| |
20 | Proceedings in respect of statutory nuisance: defence |
| |
(1) | Where proceedings are brought under section 82(1) of the Environmental |
| |
Protection Act 1990 (c. 43) (summary proceedings by person aggrieved by |
| 5 |
statutory nuisance) in relation to— |
| |
(a) | a nuisance falling within paragraph (g) of section 79(1) of that Act |
| |
(noise emitted from premises), or |
| |
(b) | a nuisance falling within paragraph (ga) of that provision (noise |
| |
emitted by vehicle, machinery or equipment in a street), |
| 10 |
| no order shall be made, and no fine may be imposed, under section 82(2) of that |
| |
Act if the defendant shows that subsection (2) applies. |
| |
(2) | This subsection applies if— |
| |
(a) | the nuisance relates to premises or, as the case may be, to a vehicle, |
| |
machinery or equipment, used by the nominated undertaker for the |
| 15 |
purposes of or in connection with the exercise of the powers conferred |
| |
by this Act with respect to works, and |
| |
(b) | the nuisance is attributable to the carrying out of works which are being |
| |
carried out in accordance with a notice served under section 60, or a |
| |
consent given under section 61 or 65, of the Control of Pollution Act |
| 20 |
| |
(3) | The following provisions of the Control of Pollution Act 1974— |
| |
(a) | section 61(9) (consent for work on construction site to include statement |
| |
that it does not of itself constitute a defence to proceedings under |
| |
section 82 of the Environmental Protection Act 1990), and |
| 25 |
(b) | section 65(8) (corresponding provision in relation to consent for |
| |
registered noise level to be exceeded), |
| |
| shall not apply where the consent relates to the use of premises or, as the case |
| |
may be, of a vehicle, machinery or equipment by the nominated undertaker for |
| |
the purposes of or in connection with the exercise of the powers conferred by |
| 30 |
this Act with respect to works. |
| |
| |
| |
(1) | Section 6(1) of the Railways Act 1993 (c. 43) (which prohibits any person from |
| |
acting as the operator of a railway asset unless authorised by a licence under |
| 35 |
section 8 of that Act) shall not apply in relation to— |
| |
(a) | any network constructed in exercise of the powers conferred by this Act |
| |
which is not yet ready for commercial use, or |
| |
(b) | any train being used on any such network. |
| |
(2) | For the purposes of subsection (1)(a), a network shall be taken to be ready for |
| 40 |
commercial use only if the Secretary of State has laid before Parliament notice |
| |
of his determination that it is ready for such use. |
| |
(3) | Any expression used in this section and Part 1 of the Railways Act 1993 has the |
| |
same meaning in this section as it has in that Part. |
| |
| |
| |
|
