Schedule 7 - Planning Conditions

Part 1 - Qualifying Authorities

225.     Paragraph 1 allows the Secretary of State, by means of an order, to name "qualifying authorities" for the purposes of Schedule 7. It is intended that these will be local planning authorities which, by the time the Select Committee in the House of Lords reports, have given the Secretary of State various undertakings about handling of planning applications (intended to be included in a Planning Memorandum which is being developed with local authorities). A similar arrangement was adopted for the planning aspects of the Channel Tunnel Rail Link.

226.     Paragraph 1 also allows the Secretary of State to make orders revoking the conferring of "qualifying authority" status and to make subsequent naming orders in certain circumstances. Before making such order, the Secretary of State is to consult the nominated undertaker and, if it is not the body requesting the order, the relevant local planning authority.

227.     Paragraph 2 allows for any order under paragraph 1 to set out any transitional arrangements that may be necessary (for example, were a local planning authority to cease to be a qualifying authority for the purposes of the Bill whilst a number of undetermined planning applications were before it).

Part 2 - Development in the area of a unitary authority

228.     Paragraph 3 establishes Part 2 as the regime to apply in respect of development carried out in the area of unitary authorities (for example, those local planning authorities in London).

229.     Paragraph 4 establishes the circumstances in which the planning conditions for which the Part provides apply, different conditions applying, in general, according to whether the development is in the area of a non-qualifying or qualifying authority.

230.     Paragraph 5 provides for certain matters of detail to be the subject of requests for the approval of the non-qualifying unitary authorities and provides that the only grounds on which they can refuse a request is that the development to which it relates should and could reasonably be carried out elsewhere within Bill limits, or that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or amenity, and is capable of being reasonably modified to do so.

231.     Paragraph 6 provides for certain matters of detail to be the subject of requests for the approval of the qualifying unitary authorities and sets out the grounds on which such authorities can refuse a request. The list of operations and works includes construction works, minor constructions works, fences and walls, artificial lighting, waste and spoil disposal and borrow pits.

232.     Paragraph 7 sets out construction arrangements over which a qualifying unitary authority shall have some control, including road transport, the handling of re-useable spoil and top soil, storage sites, construction camps, screening, artificial lighting, the suppression of dust and mud on the highway.

233.     Paragraph 8 provides that for the disposal of waste or spoil, or the excavation of bulk materials from borrow pits, no disposal or excavation shall commence unless the nominated undertaker has first agreed with a qualifying unitary authority a scheme for the restoration of the land on which the disposal or excavation is to take place. The only ground on which the authority can refuse to agree such a scheme is that the scheme ought to be modified, and is reasonably capable of being so modified.

234.     Paragraphs 9 and 10 provide for a qualifying unitary authority to grant approval before any Crossrail works are brought into use, other than for stations, depots and the tunnelled sections of Crossrail. That approval is to be granted if the authority considers that no reasonably practicable measures to mitigate the effect on the local environment or amenity are necessary, or it has agreed a scheme for such measures.

235.     Paragraph 11 provides for any land used for construction purposes with respect to the scheduled works, where other restoration provisions of the Bill do not apply to it, to be restored in accordance with a scheme agreed with the unitary authority. If no scheme is so agreed within 6 months of completion of the scheduled works concerned, the scheme is determined by the appropriate Ministers. This provision applies to both qualifying and non-qualifying unitary authorities.

Part 3 - Development not in the area of a unitary authority

236.     Paragraph 12 establishes Part 3 as the regime to apply to development carried out in non-unitary authority areas (for example, Essex). Responsibility for such development is split between district councils and the county council. The Part therefore provides for conditions which apply to the development for which district councils are responsible and conditions which apply to the development for which the county council is responsible.

237.     Paragraph 13 establishes the circumstances in which the district planning conditions for which the Part provides apply, different conditions applying, in general, according to whether the development is in the area of a non-qualifying district council or qualifying district council. Paragraph 14 and 15 apply do not apply in relation to certain development, referred to in this paragraph as "excepted development". The development in question is development for which the county council is responsible (and in relation to which the corresponding conditions for which paragraphs 21 and 22 provide apply).

238.     Paragraph 14 provides for certain matters of detail to be the subject of requests for the approval of the non-qualifying district councils and the only grounds on which they can refuse a request is that the development to which it relates should and could reasonably be carried out elsewhere within Bill limits, or that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or amenity, and is capable of being reasonably modified to do so.

239.     Paragraph 15 provides for certain matters of detail to be the subject of requests for the approval of the qualifying district council and sets out the grounds on which a qualifying district council can refuse a request. The list of operations and works includes construction works, minor constructions works, fences and walls and artificial lighting.

240.     Paragraph 16 sets out construction arrangements over which a qualifying district council shall have some control, including storage sites, construction camps, screening, artificial lighting, the suppression of dust and mud on the highway.

241.     Paragraphs 17 and 18 provide for a qualifying district council to grant approval before any Crossrail works are brought into use, other than for stations, depots and the tunnelled sections of Crossrail. That approval is to be granted if the council considers that no reasonably practicable measures to mitigate the effect on the local environment or amenity are necessary, or it has agreed a scheme for such measures.

242.     Paragraph 19 provides for any land used for construction purposes with respect to the scheduled works, where other restoration provisions of the Bill do not apply to it, to be restored in accordance with a scheme agreed with the district council. If no scheme is so agreed within 6 months of completion of the scheduled works concerned, the scheme is determined by the appropriate Ministers. This provision applies to both qualifying and non-qualifying district councils.

243.     Paragraph 20 establishes the circumstances in which the country planning conditions for which the Part provides apply. The conditions only apply if the county council concerned is a qualifying authority.

244.     Paragraph 21 sets out the conditions that may be applied to requests for the approval of details in respect of a qualifying county council for the disposal of waste or spoil, or the excavation of bulk materials from borrow pits.

245.     Paragraph 22 sets out construction arrangements over which a qualifying county council shall have some control, including storage sites, construction camps, screening, artificial lighting, the suppression of dust and mud on the highway.

246.     Paragraph 23 provides that for the disposal of waste or spoil, or the excavation of bulk materials from borrow pits, no disposal or excavation shall commence unless the nominated undertaker has first agreed with the qualifying county council a scheme for the restoration of the land on which the disposal or excavation is to take place. The only ground on which the council can refuse to agree such a scheme is that the scheme ought to be modified, and is reasonably capable of being so modified.

247.     Paragraph 24 provide for a qualifying county council to have some control over the routes by which heavy goods vehicles travel by road to and from working and storage sites, sites where material might be re-used, and waste disposal sites.

Part 4 - Supplementary

248.     Paragraph 25 provides that the local planning authority is not required to entertain a request for detailed planning permission unless the nominated undertaker has first submitted to that authority a programme of the permissions it intends to seek from the authority in question, and an explanation of how the matters dealt with in the permission sought fit into the wider Crossrail scheme.

249.     Paragraph 26 sets out a process for local planning authorities, where they consider a request for detailed planning permission relates to matters which may affect nature conservation, the conservation of the natural beauty or amenity of the countryside, or a site of archaeological or historic interest, to seek the views of English Nature, the Countryside Commission or English Heritage, as appropriate. Those bodies are to have 21 days to comment on any such request.

250.     Paragraph 27 sets out a similar consultation provision in respect of the Environment Agency.

251.     Paragraphs 28 and 29 set out a mechanism for the Secretary of State for Transport, and the Secretary of State for the Environment, Food and Rural Affairs, acting jointly, to issue directions either restricting a local planning authority's powers under the Schedule, or to "call-in" a particular request for approval under the Schedule.

252.     Paragraphs 30-35 set out a mechanism for the nominated undertaker to appeal decisions by local planning authorities under the Schedule to the Secretary of State for Transport, and the Secretary of State for the Environment, Food and Rural Affairs, acting jointly.

Schedule 8 - Heritage

253.     Schedule 8 essentially disapplies the normal heritage protections provided in respect of listed buildings, buildings in conservation areas, and ancient monuments, that might be affected by the Crossrail works. Notwithstanding these disapplications, the intention is to seek to agree the detailed arrangements that will apply to the relatively small number of such buildings etc likely to be significantly affected with English Heritage outside the Bill during its passage.

254.     Paragraph 1 lists in a table the buildings affected, and provides that in relation to the Crossrail works, if a listed building had been listed immediately before 15^th December 2004 and is specified in the table:

• section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 should not apply;

• to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective or substantially ineffective by works proposed to be carried out in exercise of the powers conferred by the Bill when enacted, it should not have effect or cease to have effect;

• no steps may be taken under section 42(1) of that Act which would be rendered ineffective or substantially ineffective by such works and;

• no works may be executed for the preservation of the building under section 54 of that Act which will be rendered ineffective or substantially ineffective by such works.

255.     The same disapplications apply to any building which was not a listed building before 15^th December 2004 but is listed on or after that date.

256.     The table also lists buildings which are situated in a conservation area but are not listed buildings. In relation to these buildings, section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is disapplied with respect to their demolition if the demolition is in exercise of the powers conferred by the Bill. A similar disapplication applies in relation to a building within an area which becomes a conservation area on or after 15^th December 2004.

257.     Paragraph 2 deals with listed buildings which may be affected by settlement. In relation to these buildings similar disapplications as those above apply, save that the disapplication of section 7 of the 1990 Act would only apply to works for the alteration or extension of the building which are carried out in exercise of powers conferred by the Bill for the purpose of maintaining or restoring its character as a building of special architectural or historical interest.

258.     Paragraph 3 provides that section 59 of the 1990 Act does not apply to anything done in exercise of the powers conferred by the Bill with respect to works.

259.     Paragraph 4 modifies the application of the Ancient Monuments and Archaeological Areas Act 1979 ("the 1979 Act") in respect of Crossrail works:

• section 2 of the 1979 Act does not apply to any works authorised by the Bill;

• the powers of entry conferred by sections 6(1), 6A(1) and 26 are not to be exercisable in relation to land used for or in connection with the carrying out of such works;

• the provisions of the 1979 Act with respect to functions of a person as a guardian, and the provisions of any agreement under section 17, are to have effect subject to the powers conferred by the Bill with respect to works;

• section 19 is not to apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with, or in consequence of the carrying out of any of the Crossrail works;

• regulations under subsection (3) or (4A) of that section are not to apply to the Crossrail works, and the power conferred by subsection (6) of that section is not to be exercisable so as to prevent or restrict the exercise of such powers;

• in section 25 of the 1979 Act, subsection (2) is not to authorise the superintendence of the carrying out of any of the Crossrail works, and subsection (3) is not to apply in relation to advice given in connection with the carrying out of any of those works;

• section 28 is not to apply to anything done in exercise of the powers conferred by the Bill with respect of works.

• section 35 is likewise not to apply to operations carried out in the exercise of those powers.

• section 39(1) is to have effect as if operations carried out in exercise of those powers were exempt operations; and

• subsection (1) of section 42 is not to apply to the use of a metal detector for the purposes of or in connection with the Crossrail works, and subsection (3) of that section is likewise not to apply to the removal of objects discovered by the use of a metal detector for those purposes.

260.     Paragraph 5 modifies the application of the National Heritage Act 1983 ("the 1983 Act") to the Crossrail works. The power of entry conferred by section 36(1) of the 1983 is only to be exercisable in relation to land used, or intended for use, for or in connection with the Crossrail works with the consent of a nominated undertaker, such consent not to be unreasonably withheld. Such consent may be given subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works. Any disputes about this are to be determined by the appropriate Ministers unless the parties agree to arbitration. For this purpose the appropriate Ministers means the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport, acting jointly. And subsection (6) of section 36 of the 1983 Act, which regulates the right to enter land for the purposes of record keeping, is not to apply to land on which works authorised by the Bill are being carried out.

Schedule 9 - Heritage: rights of entry

261.     Schedule 9 seeks to give certain targeted rights of entry to English Heritage, given that their traditional rights of entry are in effect disapplied or qualified by virtue of Schedule 8.

262.     Paragraph 1 provides for anyone authorised by the Historic Buildings and Monuments Commission ("the Commission") to enter land on which a scheduled monument is situated to inspect, advise and observe as appropriate. Anyone authorised by the Commission may also enter any land in Greater London for the purpose of inspecting or observing the works in respect of any building that would, but for Schedule 7, require listed building consent or conservation area consent. These rights are not to be exercised if the nominated undertaker considers that it not safe to do so, and any person exercising the rights will have to comply with directions from the nominated undertaker in respect of compliance with health and safety requirements.

263.     Paragraph 2 requires the nominated undertaker to give notice to the Commission of any demolition of any building that they would, but for Schedule 7, require listed building consent. At least eight weeks notice is required, longer if agreed with the Commission, though in cases of emergency shorter notice can be given.

264.     Paragraph 3 provides for anyone authorised by the Commission to enter the building concerned to record it in advance of any such demolition. Again, this right is not to be exercised if the nominated undertaker considers that it not safe to do so, and any person exercising the right will have to comply with directions from the nominated undertaker in respect of compliance with health and safety requirements.

Schedule 10 - Application of other railway legislation

265.     Paragraph 1 disapplies the Highway (Railway Crossings) Act 1839, as it is not proposed to install level crossings of highways on Crossrail.

266.     Paragraph 2 disapplies section 9 of the Railway Regulation Act 1842 for the same reason.

267.     Paragraph 3 incorporates with the Bill the provisions of the Railways Clauses Consolidation Act 1845 ("the 1845 Act"), so far as applicable for its purposes and not inconsistent with its provisions, with exceptions and modifications.

268.     Paragraph 4 incorporates with the Bill the provisions of Part 1 of the Railways Clauses Act 1863 ("the 1863 Act"), so far as applicable for its purposes and not inconsistent with its provisions. Sections 5 to 7 and 13 to19 of the 1863 Act are to be excepted from incorporation.

269.     Paragraph 5 disapplies the Railway Companies (Accounts and Returns) Act 1911.

270.     Paragraph 6 applies section 55 and 56 of the British Transport Commission Act 1949 (provisions dealing with trespass on railways and stone throwing) to relevant railway works constructed under the Bill.

271.     Paragraph 7 modifies the application to Crossrail of various provisions of railway legislation that create a range of offences (such as failure to pay) so that they apply in a similar way to Crossrail as they do to the railways of Network Rail Infrastructure Limited and to the London Underground system.

Schedule 11 - Transfer schemes

272.     Parts 1, 2 and 3 set out the powers of the Secretary of State to make schemes for the transfer of property, rights and liabilities ("transfer schemes") from himself or certain other bodies to any person, including the Secretary of State.

Part 1 - Transfers from Cross London Rail Links Limited and its subsidiaries

273.     Paragraph 1 allows for transfers from Cross London Rail Links Limited ("CLRL") or any of its subsidiaries. The Secretary of State is required to consult CLRL before making any such scheme.

Part 2 - Transfers from the Greater London Authority, Transport for London, the London Development Agency and their subsidiaries

274.     Paragraph 2 allows for transfers from the Greater London Authority, the London Development Agency or Transport for London or any of their subsidiaries. The Secretary of State may exercise this power only for the purposes connected with Crossrail and only with the consent of the transferor.

Part 3 - Transfers from the Secretary of State and companies owned by Secretary of State

275.     Paragraph 3 allows for transfers from the Secretary of State, or a company wholly owned by him, as defined, to anyone else. The transfer must be for purposes connected with Crossrail.

Part 4 - General provisions about transfer schemes

276.     Paragraph 4 specifies certain types of property, rights and liabilities that may be included in a transfer scheme.

277.     Paragraph 5 provides that where property is transferred by transfer scheme new interests, or rights may be created in relation to that property in favour of the person from whom it has been transferred. Conversely, new interests and rights may be created in favour of the person to whom property has been transferred in relation to property that has been retained or transferred to another party. Transfer schemes may also create rights and liabilities between parties affected by a transfer scheme.

278.     Paragraph 6 provides that what is transferred by, or retained following, a transfer scheme may be named specifically or simply described.

279.     Paragraph 7 allows for a transfer scheme to make provision for contraventions of any terms applicable to the things transferred to be treated as not occurring. This will allow for the transfer of property, rights or liabilities that would otherwise not be transferable.

280.     Paragraph 8 provides for the transfer of shares in a subsidiary of the transferor not to be subject to any terms in relation to the transfer of those shares.

281.     Paragraphs 9 and 10 provide that a transfer scheme may modify the interests, rights and liabilities of third parties in relation to the things to be transferred.

282.     Paragraph 11 provides that a transfer scheme may impose obligations on the person to whom or from whom things are transferred to enter into agreements with and to execute instruments in favour of any other person specified in the scheme.

283.     Paragraph 12 provides for transfer schemes to contain supplementary provisions.

284.     Paragraph 13 provides for a transfer scheme to have effect at the time or times set out in the scheme.

285.     Paragraph 14 allows for a transfer scheme to be modified if the parties to it, or certain other parties, agree. Modifications can have effect from the date of the scheme, or later.

286.     Paragraph 15 provides for continuity of employment for employees who transfer as a part of any transfer scheme.

287.     Paragraphs 16 and 17 allow the Secretary of State to issue a direction requiring information to be provided by the relevant parties to enable him to make a transfer scheme, require that a direction must set out the a timescale for responding of no more than 28 days and describe what happens if the parties to whom a direction is given do not respond.

Schedule 12: Disapplication and modification of miscellaneous controls

288.     Schedule 12 disapplies or modifies a number of provisions in existing legislation where these are contradictory to the exercise of the powers sought for Crossrail or which require adjustment in consequence of land acquisition powers being vested in the Secretary of State and the power to carry out works being vested in the nominated undertaker.

289.     Paragraph 1 provides that no obligation or restriction imposed under ecclesiastical law or in relation to consecrated land shall impose any restriction on the powers conferred by the Bill.

290.     Paragraph 2 disapplies the London Overground Wires etc Act 1933 ("the 1933 Act") and any bye-law made under it, in respect of any wire or part of a wire erected or maintained as part of the Crossrail works.

291.     Paragraph 3 essentially disapplies sections 3 and 9 of the London Squares Preservation Act 1931 ("the 1931 Act") in respect of the Crossrail works. Works are to be carried out under, and use is to be made of, Hanover Square and Finsbury Circus, and this requires disapplications of relevant restrictions in the 1931 Act.

292.     Paragraph 4 disapplies parts of the London Buildings Acts (Amendment) Act 1939 ("the 1939 Act") with respect to anything held in connection with Crossrail by the Secretary of State or the nominated undertaker. The 1939 Act contains an exemption for certain buildings or structures belonging to a railway company and situated on a railway or within a railway or station premises. As land acquisition powers in the Bill are to be vested in the Secretary of State, this disapplication is required so that a similar exemption applies to Crossrail.

293.     Paragraph 5 disapplies section 34(1) of the Coast Protection Act 1949 ("the 1949 Act") in respect of Crossrail works, as it would require the prior consent of the Secretary of State to be obtained before the carrying out of any works affecting navigable waters (which includes the River Thames).

294.     Paragraph 6 modifies the application of various provisions of the Port of London Act 1968 in respect of the Crossrail works. These provisions would require licences to be obtained before certain works may be carried out and would preclude the carrying out of dredging operations or certain other operations affecting the bed or bank of the River Thames. The Port of London Authority will benefit from protective provisions set out in Part 6 of Schedule 14.

295.     Paragraph 7 modifies the application of various pieces of highways legislation that would require consent to be obtained before certain works (such as erecting scaffolding, the planting of trees or shrub in or near a highway, or the placing of a retaining wall near a highway etc) can be carried out.

296.     Paragraph 8 disapplies provisions of the Wildlife and Countryside Act 1981, as amended, that limit what may be done in, or affecting, a Site of Special Scientific Interest.

297.     Paragraph 9 disapplies Part 1 of the Building Act 1984 ("the 1984 Act") with respect to building regulations, and building regulations in relation to certain buildings held in connection with Crossrail by the Secretary of State or the nominated undertaker. The 1984 Act contains an exemption for buildings belonging to a statutory undertaker. As land acquisition powers in the Bill are to be vested in the Secretary of State, this disapplication is required so that a similar exemption applies in relation to Crossrail.

298.     Paragraph 10 disapplies section 5 of the Food and Environment Protection Act 1985 in respect of Crossrail works. That section would require a licence to be obtained from the Secretary of State before certain deposits in the sea (which includes the River Thames) are made.

299.     Paragraphs 11 to 13 modify the application of the London Lorry Ban Order ("the Order") in respect of Crossrail works. Given that the routing of large goods vehicles is intended to be one of the areas of control that qualifying planning authorities will have under the planning regime established under the Bill, paragraphs 11 to13 restrict the right to refuse or condition a permit under the Order, with disputes to be settled by the Secretary of State. They also make provision for the grant of emergency permits, in the case where a permit is required within eight working days of application.

300.     Paragraph 14 disapplies various provisions of the Greater London Council (General Powers) Act 1986 ("the 1986 Act") concerning the doing of things under a street in respect of the Crossrail works. This is because the 1986 Act would otherwise require the consent of the relevant London borough to the demolition of a building or other structure under a street, and to other associated works.

301.     Paragraph 15 modifies the application of the New Roads and Street Works Act 1991 ("the 1991 Act") to the Crossrail works, as the 1991 Act contains a number of provisions which would otherwise restrict the ability of the nominated undertaker to carry out works in the street.

302.     Paragraph 16 applies the national rules rather than Greater London rules to the making of connections to public sewers for the drainage of Crossrail.

303.     Paragraph 17 disapplies various provisions of the Party Wall etc Act 1996 in respect of the Crossrail works. This removes the need for the nominated undertaker to issue a notice to an adjoining landowner before constructing certain walls and fences, or to secure the consent of that landowner before carrying out any excavation or erection, and ensures that an adjoining landowner has no right over any Crossrail works.