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Crossrail Bill


Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls

187

 
 

(1)

(2)

 
 

Area

Building

 
  

13 Princelet Street. Grade II.

 
  

11 Princelet Street. Grade II.

 
  

24 & 26 Hanbury Street. Grade

 

5

  

II.

 
  

12 Princelet Street. Grade II.

 
  

14 Princelet Street. Grade II.

 
  

16 Princelet Street. Grade II.

 
  

18 Princelet Street. Grade II.

 

10

  

20 Princelet Street. Grade II.

 
  

22 Princelet Street. Grade II.

 
  

15 Princelet Street. Grade II.

 
  

17 Princelet Street. Grade II.

 
  

19 Princelet Street. Grade II*.

 

15

  

21 Princelet Street. Grade II.

 
  

23 Princelet Street. Grade II.

 
  

25 Princelet Street. Grade II.

 
  

34-38 (even) Hanbury Street.

 
  

Grade II.

 

20

  

114-122 (even) Brick Lane.

 
  

Grade II.

 
  

35 Buxton Street. Grade II.

 
  

333-335 (odd) Whitechapel

 
  

Road. Grade II.

 

25

  

261 & 263 Whitechapel Road.

 
  

Grade II.

 
  

265 & 267 Whitechapel Road.

 
  

Grade II.

 
  

Trinity Green, Almshouses,

 

30

  

Mile End Road, north side: 1- 10

 
  

Trinity Green and 22- 30 Trinity

 
  

Green. Grade I.

 
  

29 Mile End Road. Grade II.

 
 

 

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls

188

 
 

(1)

(2)

 
 

Area

Building

 
  

82- 84 (even) Mile End Road.

 
  

Grade II.

 
  

90-110 (even) Mile End Road.

 

5

  

Grade II.

 
  

Church of St Dunstan, Stepney

 
  

High Street. Grade I.

 
  

1-10 Whitehorse Road (odd and

 
  

even). Grade II.

 

10

  

34-40 (even) Belgrave Street.

 
  

Grade II.

 
  

50-52 (even) Belgrave Street.

 
  

Grade II.

 
  

19-31 (odd) Barnes Street, West

 

15

  

side. Grade II.

 
  

12-22 (even) Barnes Street.

 
  

Grade II.

 
  

1-8 (odd and even) York Square.

 
  

Grade II.

 

20

  

9-16 (odd and even) York

 
  

Square. Grade II.

 
  

1A Flamborough Street. Grade

 
  

II.

 
  

3-7 (odd and even)

 

25

  

Flamborough Street. Grade II.

 
  

Hawthorn Cottage, 1

 
  

Flamborough Walk and Rose

 
  

Cottage, Flamborough Walk.

 
  

Grade II.

 

30

  

Devonshire Cottage,

 
  

Flamborough Walk. Grade II.

 
  

Durham Villa, Flamborough

 
  

Walk. Grade II.

 
  

8 Flamborough Street. Grade II.

 

35

  

16-21 (odd and even)

 
  

Flamborough Street. Grade II.

 
  

22-24 (odd and even)

 
  

Flamborough Street. Grade II.

 
 

 

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls

189

 
 

(1)

(2)

 
 

Area

Building

 
  

683-691 (odd) Commercial

 
  

Road. Grade II.

 
  

699-711 (odd) Commercial

 

5

  

Road. Grade II.

 
  

604-608 (even) Commercial

 
  

Road. Grade II.

 
  

Commercial Road Bridge.

 
  

Grade II.

 

10

  

Viaduct, Commercial Road.

 
  

Grade II.

 
  

Accumulator Tower and

 
  

Chimney, Mill Place (West

 
  

side). Grade II.

 

15

  

Library on Commercial Road.

 
  

Grade II.

 
  

Cannon Workshop, 3-5 (odd)

 
  

Cannon Drive. Grade II.

 
  

Cannon Workshop, 92-116

 

20

  

(even) Cannon Drive. Grade II.

 
  

Cannon Workshop, 135-167

 
  

(odd) Cannon Drive. Grade II.

 
  

West India Docks, Isle of Dogs.

 
  

Grade I.

 

25

  

Poplar Dock, Preston's Road.

 
  

Grade II.

 
  

Accumulator Tower, Poplar

 
  

Dock, Preston's Road. Grade II.

 
  

110 Bow Road. Grade II.

 

30

  

Drapers Almshouses, Railway

 
  

Way (formerly Priscilla Road).

 
  

Grade II.

 
  

35-49 Arnold Road (odd and

 
  

even) including area railings).

 

35

  

Grade II.

 
  

2-22 (even) Fairfield Road.

 
  

Grade II.

 
  

163 Bow Road. Grade II.

 
 

 

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls

190

 
 

(1)

(2)

 
 

Area

Building

 
  

223 Bow Road. Grade II.

 
  

Bryant and May Factory, Main

 
  

Building, Fairfield Road. Grade

 

5

  

II.

 
  

London Transport Trolley Bus

 
  

Depot (Bow Bus Garage). Grade

 
  

II.

 
 

London Borough of Newham

North Woolwich Station, Pier

 

10

  

Road. Grade II.

 
 

London Borough of Greenwich

Royal Brass Foundry,

 
  

Plumstead Road. Grade I.

 
  

Verbruggen's House,

 
  

Plumstead Road. Grade II.

 

15

  

Officers Quarters, Plumstead

 
  

Road. Grade II.

 
  

Royal Arsenal Middle Gate and

 
  

attached boundary wall to the

 
  

west.

 

20

  

Royal Carriage Factory,

 
  

Plumstead Road. Grade II.

 
  

Royal Arsenal Middlegate

 
  

House, Plumstead. Grade II.

 
  

Council Depot (former

 

25

  

electricity generating station),

 
  

White Hart Road, Plumstead.

 
  

Grade II.

 
 

      (3)  

Anything which, by virtue of section 1(5) of the Planning (Listed Buildings

and Conservation Areas) Act 1990 (c. 9), is treated as part of a building for

30

the purposes of that Act shall be treated as part of the building for the

purposes of this paragraph.

      (4)  

In this paragraph, “building” and “listed building” have the same meanings

as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

3          

Section 59 of the Planning (Listed Buildings and Conservation Areas) Act

35

1990 (acts causing or likely to result in damage to listed buildings) shall not

apply to anything done in exercise of the powers conferred by this Act with

respect to works.

 

 

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls

191

 

Ancient monuments etc.

4     (1)  

This paragraph has effect in relation to the Ancient Monuments and

Archaeological Areas Act 1979 (c. 46).

      (2)  

Section 2 (control of works affecting scheduled monuments) shall not apply

to any works authorised by this Act.

5

      (3)  

The powers of entry conferred by section 6(1) (entry to ascertain condition

of scheduled monument), section 6A(1) (entry to enforce control of works

affecting scheduled monuments) and section 26 (entry to record matters of

archaeological or historical interest) shall not be exercisable in relation to

land used for or in connection with the carrying out of any of the works

10

authorised by this Act.

      (4)  

The provisions of the Act with respect to the functions of a person as a

guardian by virtue of the Act, and the provisions of any agreement under

section 17 (agreement concerning ancient monuments and land in their

vicinity), shall have effect subject to the powers conferred by this Act with

15

respect to works.

      (5)  

Section 19 (public access to monuments under public control) shall not 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 works authorised by this Act.

20

      (6)  

Regulations under section 19(3) or (4A) (which may include provision

prohibiting or regulating any act or thing which would tend to injure or

disfigure a monument or its amenities or disturb the public in their

enjoyment of it) shall not apply to anything done in exercise of the powers

conferred by this Act with respect to works.

25

      (7)  

The power conferred by section 19(6) (power to refuse admission to

monuments under public control) shall not be exercisable so as to prevent or

restrict the exercise of the powers conferred by this Act with respect to

works.

      (8)  

In section 25 (treatment of ancient monuments)—

30

(a)   

subsection (2) (superintendence by the Historic Buildings and

Monuments Commission for England) shall not authorise the

superintendence of the carrying out of any of the works authorised

by this Act, and

(b)   

subsection (3) (power of the Commission to charge for advice under

35

subsection (1)) shall not apply in relation to advice given in

connection with the carrying out of any of those works.

      (9)  

Section 28 (offence of damaging certain ancient monuments) shall not apply

to anything done in exercise of the powers conferred by this Act with respect

to works.

40

     (10)  

Section 35 (notice required of operations in areas of archaeological

importance) shall not apply to operations carried out in exercise of the

powers conferred by this Act with respect to works.

     (11)  

Section 39(1) (power to investigate in advance of operations notice any site

which may be acquired compulsorily) shall have effect as if operations

45

carried out in exercise of the powers conferred by this Act with respect to

works were exempt works for the purposes of that provision.

 

 

Crossrail Bill
Schedule 10 — Heritage: rights of entry

192

 

     (12)  

Section 42(1) (prohibition on use of metal detectors in protected places

without consent) shall not apply to the use of a metal detector for the

purposes of or in connection with the exercise of the powers conferred by

this Act with respect to works.

     (13)  

Section 42(3) (prohibition on removal without consent of object discovered

5

by use of a metal detector in a protected place) shall not apply to the removal

of objects discovered by the use of a metal detector for the purposes of or in

connection with the exercise of the powers conferred by this Act with respect

to works.

5     (1)  

The power of entry conferred by section 36(1) of the National Heritage Act

10

1983 (c. 47) (entry to obtain information about ancient monuments and

historic buildings for the purposes of the records kept by the Historic

Buildings and Monuments Commission for England) shall only be

exercisable in relation to land used, or intended for use, for or in connection

with the carrying out of any of the works authorised by this Act with the

15

consent of the nominated undertaker, such consent not to be unreasonably

withheld.

      (2)  

Consent for the purposes of sub-paragraph (1) may be granted subject to

compliance with any reasonable requirements or conditions imposed for

reasons of safety or for the purpose of preventing interference with or delay

20

to the works.

      (3)  

Section 36(6) of the National Heritage Act 1983 (which, in relation to land on

which works are being carried out, regulates the exercise of the right to enter

land to obtain information about ancient monuments and historic buildings

for the purposes of the records kept by the Historic Buildings and

25

Monuments Commission for England) shall not apply in relation to land on

which works authorised by this Act are being carried out.

      (4)  

Any dispute under this paragraph shall, if the parties agree, be referred to

arbitration, but shall otherwise be determined by the appropriate Ministers

acting jointly.

30

      (5)  

In sub-paragraph (4), “appropriate Ministers” means the Secretary of State

for Transport and the Secretary of State for Culture, Media and Sport.

Schedule 10

Section 17

 

Heritage: rights of entry

1     (1)  

Any person duly authorised in writing by the Historic Buildings and

35

Monuments Commission for England (“the Commission”) may at any

reasonable time enter any land on which (or in or under which) a scheduled

monument (within the meaning of the Ancient Monuments and

Archaeological Areas Act 1979 (c. 46)) is situated—

(a)   

for the purpose of observing or advising upon the exercise in relation

40

to the land of any of the powers conferred by paragraph 9 of

Schedule 2 above, or

(b)   

for the purpose of inspecting, observing or advising upon the

carrying out of any works on the land in exercise of any of the other

powers conferred by this Act.

45

 

 

Crossrail Bill
Schedule 10 — Heritage: rights of entry

193

 

      (2)  

Any person duly authorised in writing by the Commission may at any

reasonable time enter any land in Greater London for the purpose of

inspecting or observing the carrying out in relation to any building on the

land of any decontrolled works.

      (3)  

The right conferred by sub-paragraph (1) or (2) shall not be exercisable at a

5

time when the nominated undertaker reasonably considers that it is not safe

to exercise it.

      (4)  

A person exercising the right conferred by sub-paragraph (1) or (2) shall

comply with any directions given by the nominated undertaker for the

purpose of securing compliance with relevant health and safety provisions.

10

      (5)  

In this paragraph, “decontrolled works” means works to which section 7 or

74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 9 to

this Act.

2     (1)  

The nominated undertaker shall not carry out any decontrolled works

15

consisting of the demolition of a building unless—

(a)   

notice of the proposal to carry out the works has been given to the

Commission, and

(b)   

the appropriate period since the giving of the notice has elapsed.

      (2)  

Subject to sub-paragraph (3), the appropriate period for the purposes of sub-

20

paragraph (1)(b) is 8 weeks or such longer period as may have been agreed

between the nominated undertaker and the Commission.

      (3)  

In case of emergency, the appropriate period for the purposes of sub-

paragraph (1)(b) is such period as is reasonable in the circumstances.

      (4)  

In determining whether the appropriate period for the purposes of sub-

25

paragraph (1)(b) has elapsed, there shall be disregarded any day on which

entry to the building is refused under paragraph 3(2).

      (5)  

In this paragraph, “decontrolled works” means works to which section 7 of

the Planning (Listed Buildings and Conservation Areas) Act 1990 would

apply, but for paragraph 1(1)(a) or (3) of Schedule 9 to this Act.

30

3     (1)  

Following the giving of a notice under paragraph 2(1) in relation to any

building, any person duly authorised in writing by the Commission may, at

any reasonable time during the inspection period, enter the building for the

purpose of recording it.

      (2)  

The right conferred by sub-paragraph (1) shall not be exercisable at a time

35

when the nominated undertaker reasonably considers that it is not safe to

exercise it.

      (3)  

A person exercising the right conferred by sub-paragraph (1) shall comply

with any directions given by the nominated undertaker for the purpose of

securing compliance with relevant health and safety provisions.

40

      (4)  

For the purposes of sub-paragraph (1), the inspection period, in relation to a

building which is the subject of a notice under paragraph 2(1), is the period

beginning when the notice under that provision is given and ending when

the prohibition under that provision ceases to apply to the building.

 

 

 
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