Crossrail Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
138

(a)
in relation to an authority which has never been a qualifying
authority for the purposes of this Schedule, to the day mentioned in
sub-paragraph (1)(a), and
(b)
in relation to an authority which has been a qualifying authority for
the purposes of this Schedule, to the day on which it ceased, or last
5
ceased, to be such an authority.
      (8)
For the purposes of this paragraph, a local authority is a relevant local
authority if it has functions under Part 2 or 3 in relation to giving of approval
or would have such functions were it specified under sub-paragraph (1).
Transition
10
2     (1)
An order under paragraph 1 may contain such transitional provision and
savings as the Secretary of State thinks fit.
      (2)
Without prejudice to the generality of sub-paragraph (1), provision under
that sub-paragraph may include provision with respect to the effect, in a case
where the nominated undertaker has obtained, or requested, approval
15
under this Schedule, of the authority which granted the approval, or to
which the request has been made, ceasing to be, or becoming, a qualifying
authority for the purposes of this Schedule.
      (3)
The Secretary of State may by agreement fetter the exercise of his discretion
under sub-paragraph (1).
20
Part 2
Development in the area of a unitary authority
Introductory
3
This Part has effect in relation to development in the area of a unitary
authority.
25
Planning regimes
4     (1)
The requirement set out in paragraph 5 shall be a condition of the deemed
planning permission, so far as relating to relevant development in the area
of a unitary authority which is not a qualifying authority for the purposes of
this Schedule.
30
      (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.
      (3)
The requirements set out in paragraphs 6 to 10 shall be conditions of the
deemed planning permission, so far as relating to development in the area
35
of a unitary authority which is a qualifying authority for the purposes of this
Schedule.
      (4)
The requirements set out in paragraph 11 shall be conditions of the deemed
planning permission, so far as relating to development in the area of any
unitary authority.
40

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
139

Conditions: non-qualifying authority
5     (1)
Development shall be carried out in accordance with plans and
specifications for the time being approved by the local planning authority at
the request of the nominated undertaker.
      (2)
The local planning authority may, on approving a plan or specification for
5
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 local planning authority exercises the power conferred by sub-
paragraph (2), the plans and specifications in accordance with which the
development is required under sub-paragraph (1) to be carried out shall, as
10
regards the specified respect, include a plan or specification showing the
additional details.
      (4)
The only ground on which the local planning authority may refuse to
approve plans or specifications for the purposes of this paragraph is—
(a)
that the development to which they relate ought to, and could
15
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
relate ought to be modified to preserve the local environment or local
amenity and is reasonably capable of being so modified.
20
Conditions: qualifying authority
6     (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
local planning authority at the request of the nominated undertaker.
25
      (2)
The local 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
which gives rise to the need for approval under sub-paragraph (1).
      (3)
Where the local planning authority exercises the power conferred by sub-
30
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
additional details.
      (4)
The only ground on which the local planning authority may refuse to
35
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.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
140

(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

the limits of the land on which

25

the works of which it forms part

may be carried out under this

Act.

2. Minor construction works

The erection, construction,
That the design or external

30

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

lines.
capable of being so modified.

35

That the development ought to,

and could reasonably, be

carried out on land elsewhere

within the relevant limits.

3. Fences and walls

40

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

anything within item 1(c)).
within the relevant limits.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
141

(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

works of which it forms part

15

may be carried out under this

Act.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
142

(1)
(2)

Operation or work
Grounds

5. 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—

(a)
to preserve the local

20

environment or local

amenity,

(b)
to prevent or reduce

prejudicial effects on

road safety or on the

25

free flow of traffic in the

local area, or

(c)
to preserve a site of

archaeological or

historic interest or

30

nature conservation

value,

the development ought to be

carried out on land elsewhere

within the relevant limits, and

35

is reasonably capable of being

so carried out.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
143

(1)
(2)

Operation or work
Grounds

6. 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—

(a)
to preserve the local

20

environment or local

amenity,

(b)
to prevent or reduce

prejudicial effects on

road safety or on the

25

free flow of traffic in the

local area, or

(c)
to preserve a site of

archaeological or

historic interest or

30

nature conservation

value,

the development ought to be

carried out on land elsewhere

within the relevant limits, and

35

is reasonably capable of being

so carried out.

      (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
column (2) of the table does not apply in relation to development which
40
forms part of a scheduled work.
      (6)
In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4),
the second of the grounds specified in relation to it in column (2) of the table
does not apply in relation to development which—
(a)
is within the limits of deviation for the scheduled works, or
45
(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.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
144

      (7)
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
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
5
brought into general use.
      (8)
Sub-paragraph (4) (as it has effect with sub-paragraphs (5) to (7)) shall apply
in relation to the imposition of conditions on approval as it applies in
relation to the refusal of approval.
7     (1)
Development shall be carried out in accordance with arrangements
10
approved by the local 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 local planning authority may refuse to
approve for the purposes of this paragraph arrangements with respect to a
15
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
is to be carried out in the authority’s area, or
20
(b)
the ground specified in relation to the matter in column (2) of the
table.

(1)
(2)

Matters
Grounds

1. Road transport

25

Routes by which anything is to
That the arrangements ought to

be transported on a highway by
be modified—

large goods vehicle to a
(a)
to preserve the local

working or storage site, a site
environment, local

where it will be re-used or a
amenity or a site or

30

waste disposal site.
archaeological or

historic interest or

nature conservation

value, or

(b)
to prevent or reduce

35

prejudicial effects on

road safety or on the

free flow of traffic in the

local area,

and are reasonably capable of

40

being so modified.