The Powers of the Bill
5. The Bill will confer a range of powers on the
nominated undertaker[7]
to build and operate Crossrail. These include the right to construct
and maintain Crossrail and the other associated and enabling works.[8]
These works are summarised in the Environmental Statement and
the explanatory memorandum accompanying the Bill. A summary of
the main powers sought in the legislation follows below:[9]
a) The Bill will grant deemed planning permission
for the construction of Crossrail and other associated and enabling
works. The Bill will also remove the need for listed building
consent under section 8 of the Planning (Listed Building and Conservation
Areas) Act 1990.
b) The Bill will provide for the demolition,
alteration or extension of the listed buildings specified in the
Bill where this is necessary to construct the scheme and it removes
the need to obtain conservation area consent under section 74
of the 1990 Act, for the demolition of buildings and other structures
specified in the Bill within designated conservation areas where
this is necessary to construct Crossrail and the other associated
and enabling works.
c) The Bill will confer powers of compulsory
acquisition or temporary possession of the land needed to construct
Crossrail and it authorises the stopping up or closure of highways
and other public thoroughfares both permanently and temporarily,
and the alteration of highways.
d) The legislation also gives the Promoter of
the Bill the enabling rights to use certain rail facilities to
be taken or varied for the purposes of providing Crossrail services[10];
it authorises interference with navigable waterways; and it confers
other powers required in connection with the construction and
operation of Crossrail and other associated and enabling works.
e) There are provisions in the Bill that will
deem planning permission to be granted for the authorised works,
and such permission is deemed subject to conditions requiring
the approval of the local planning authority for certain matters
of detail. The extent of matters subject to approval under these
conditions will depend upon whether the local planning authority
is a 'qualifying authority', that is, it has given an undertaking
to the Secretary of State about the way in which it will handle
applications for approval of details. For qualifying authorities,
the matters subject to approval will include certain construction
arrangements. Where works affect highways, the Bill will also
provide for certain matters to be subject to the approval of the
relevant highway authority. [11]
6. In short, this legislation provides the legislative
framework to allow the construction of Crossrail. It amends existing
powers, where the Promoter deems necessary, to ensure the construction
and operation of the proposed transport scheme.
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