Crossrail Bill

House of Commons

Session 2007 - 08
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Crossrail Bill

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority
159

(1)
(2)

Matters
Grounds

4. Artifical lighting

The use of artificial lighting on
That the arrangements ought to

land within the relevant limits
be modified to preserve the

5

for the purpose of carrying out
local environment or local

the development.
amenity, and are reasonably

capable of being so modified.

5. Suppression of dust

The suppression of dust caused
As item 4.

10

by construction operations

carried on on land within the

relevant limits for the purpose

of carrying out the

development.

15

6. Mud on highway

Measures to be taken on land
That the arrangements ought to

within the relevant limits to
be modified—

prevent mud being carried onto
(a)
to preserve the local

any public highway as a result
environment or local

20

of carrying out the
amenity, or

development.
(b)
to prevent or reduce

prejudicial effects on

road safety or on the

free flow of traffic in the

25

local area,

and are reasonably capable of

being so modified.

      (3)
The county planning authority may only impose conditions on approval for
the purposes of this paragraph with the agreement of the nominated
30
undertaker.
      (4)
In sub-paragraph (1), the reference to arrangements, in relation to item 4 in
column (1) of the table in sub-paragraph (2), does not include detailed
arrangements.
23    (1)
To the extent that development consists of—
35
(a)
the disposal of waste or spoil, or
(b)
the excavation of bulk materials from borrow pits,

it shall not be begun unless the county planning authority has, at the request
of the nominated undertaker, approved a scheme for the restoration of the
land on which the development is to be carried out.
40
      (2)
The only ground on which the county planning authority may refuse to
approve, or impose conditions on the approval of, a scheme for the purposes
of this paragraph is that the scheme ought to be modified and is reasonably
capable of being modified.
      (3)
The nominated undertaker shall carry out a scheme approved for the
45
purposes of this paragraph once it has completed its use of the land to which

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary
160

the scheme relates for the purpose of carrying out development of a kind to
which sub-paragraph (1) applies.
      (4)
In sub-paragraph (1), the reference to restoration includes a reference to
restoration in the longer term; and, accordingly, a scheme for the restoration
of land may include provision about aftercare.
5
24    (1)
Development shall be carried out in accordance with arrangements
approved by the county planning authority at the request of the nominated
undertaker with respect to the routes by which anything is to be transported
on a highway by a large goods vehicle to—
(a)
a working or storage site,
10
(b)
a site where it will be re-used, or
(c)
a waste disposal site.
      (2)
No arrangements for the purposes of sub-paragraph (1) shall be required—
(a)
in relation to transportation on a special road or trunk road, or
(b)
in relation to transportation to a site where the number of large
15
goods vehicle movements (whether to or from the site) does not on
any day exceed 24.
      (3)
The only ground on which the county planning authority may refuse to
approve arrangements for the purposes of this paragraph is—
(a)
that the arrangements relate to development which, for the purposes
20
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
(b)
that the arrangements ought to be modified to preserve the local
environment, local amenity or a site of archaeological or historic
25
interest or nature conservation value, or to prevent or reduce
prejudicial effects on road safety or on the free flow of traffic in the
local area, and are reasonably capable of being so modified.
      (4)
The county planning authority may only impose conditions on approval for
the purposes of this paragraph with the agreement of the nominated
30
undertaker.
Part 4
Supplementary
Programming of requests for planning approvals
25
A planning authority shall not be required to entertain a request for
35
approval under Part 2 or 3 unless—
(a)
the nominated undertaker has deposited with the authority a
document setting out its proposed programme with respect to the
making of requests under that Part to the authority, and
(b)
the request is accompanied by a document explaining how the
40
matters to which the request relates fit into the overall scheme of the
works authorised by this Act.

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary
161

Consultation
26    (1)
Where a planning authority considers that a request for approval under Part
2 or 3 relates to matters which may affect—
(a)
nature conservation,
(b)
the conservation of the natural beauty or amenity of the countryside,
5
or
(c)
a site or archaeological or historic interest,

it shall within 5 days of receiving the request, invite the appropriate body or
bodies to make representations.
      (2)
Where under sub-paragraph (1) a planning authority has invited a body to
10
make representations about a request for approval under Part 2 or 3, it shall
not make any decision about the request until—
(a)
it has received representations from the body about the request,
(b)
it has been informed by the body that it does not wish to make any
representations, or
15
(c)
21 days have elapsed since the date of the invitation.
      (3)
An invitation under sub-paragraph (1) shall specify the time limit for
making representations.
      (4)
For the purposes of this paragraph, the following are the appropriate bodies
in relation to the following matters—
20

Matter
Body

Nature conservation.
Natural England.

Conservation of the natural
Natural England.

beauty or amenity of the

countryside.

25

Sites of archaeological or
The Historic Buildings and

historic interest.
Monuments Commission for

England.

27    (1)
Where a planning authority considers that a request for approval under Part
2 or 3 relates to matters which may affect—
30
(a)
the conservation of the natural beauty or amenity of inland or coastal
waters or land associated with such waters,
(b)
the conservation of flora or fauna which are dependent on an aquatic
environment, or
(c)
the use of such waters or land for recreational purposes,
35

it shall within 5 days of receiving the request, invite the Environment
Agency to make representations.
      (2)
Where under sub-paragraph (1) above a planning authority has invited the
Environment Agency to make representations about a request for approval
under Part 2 or 3, it shall not make any decision about the request until—
40
(a)
it has received representations from the Agency about the request,
(b)
it has been informed by the Agency that it does not wish to make any
representations about the request, or

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary
162

(c)
21 days have elapsed since the date of the invitation.
      (3)
An invitation under sub-paragraph (1) shall specify the time limit for
making representations.
Intervention by the Secretary of State
28    (1)
The appropriate Ministers may by directions require a planning authority to
5
refer any request for approval under Part 2 or 3 to them.
      (2)
In determining a request referred to them under this paragraph, the
appropriate Ministers shall have the same powers as the authority making
the reference.
      (3)
The determination by the appropriate Ministers of a request referred to them
10
under this paragraph shall be final.
      (4)
Directions under this paragraph may—
(a)
be given in relation to a specified request or requests of a specified
description, and
(b)
cancel or vary previous directions under this paragraph.
15
29    (1)
The appropriate Ministers may by directions restrict a planning authority’s
powers in relation to the grant of approval under Part 2 or 3.
      (2)
Directions under this paragraph may—
(a)
be given in relation to a specified approval or approvals of a
specified description,
20
(b)
be expressed to have effect without limit of time or during a specified
period, and
(c)
cancel or vary previous directions under this paragraph.
Appeals
30    (1)
Where the nominated undertaker is aggrieved by a decision of a planning
25
authority on a request for approval under Part 2 or 3 (including a decision
under sub-paragraph (2) of paragraph 5, 6, 14, 15 or 21), it may appeal to the
appropriate Ministers by giving notice of the appeal in the prescribed form
to them and to the authority whose decision is appealed against within 42
days of notification of the decision.
30
      (2)
On an appeal under this paragraph, the appropriate Ministers may allow or
dismiss the appeal or vary the decision of the authority whose decision is
appealed against, but may only make a determination involving the refusal
of, or imposition of conditions on, approval on grounds open to that
authority.
35
      (3)
Where, following receipt by a planning authority of a request by the
nominated undertaker for relevant approval, the authority does not notify
the undertaker within the appropriate period—
(a)
of its decision on the request, or
(b)
that the request has been referred to the appropriate Ministers in
40
accordance with directions under paragraph 28,

this paragraph shall apply as if the authority had refused the request and
notified the undertaker of its decision on the last day of the appropriate
period.

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary
163

      (4)
For the purposes of sub-paragraph (3), the appropriate period is the period
of 8 weeks beginning with the date on which the request was received by the
planning authority or such extended period as may be agreed upon in
writing between the authority and the nominated undertaker.
      (5)
The appropriate Ministers may by regulations make provision for the
5
extension of the appropriate period for the purposes of sub-paragraph (3) in
connection with the payment of fees by means of cheque.
      (6)
An agreement under sub-paragraph (4) may be made after, as well as before,
the end of the appropriate period.
      (7)
No agreement may be made under sub-paragraph (4) to extend a period
10
after it has ended if the nominated undertaker has given notice of appeal
against the refusal which is deemed under sub-paragraph (3) to have
occurred because of the ending of the period.
      (8)
Where an agreement under sub-paragraph (4) to extend a period is made
after the period has ended, sub-paragraph (3) shall be treated as not having
15
applied when the period ended.
      (9)
In this paragraph, “prescribed” means prescribed by regulations made by
the appropriate Ministers.
31
No appeal under section 78 of the Town and Country Planning Act 1990
(c. 8) (right to appeal against planning decisions and failure to take such
20
decisions) may be made against a decision, or failure to notify a decision, in
relation to which a right of appeal arises under paragraph 30.
32    (1)
Unless the appropriate Ministers direct otherwise, their functions in relation
to the determination of an appeal under paragraph 30 shall, instead of being
carried out by them, be carried out by a person appointed by them for the
25
purpose.
      (2)
The appropriate Ministers may by a further direction revoke a direction
under sub-paragraph (1) at any time before the determination of the appeal.
      (3)
A direction under sub-paragraph (1) or (2) shall be served on the nominated
undertaker and the planning authority whose decision is appealed against.
30
      (4)
At any time before the determination of an appeal by a person appointed for
the purpose under this paragraph, the appropriate Ministers may revoke his
appointment and appoint another person to determine the appeal instead.
      (5)
Where the function of determining an appeal under paragraph 30 is
transferred from one person to another, the person to whom the function is
35
transferred shall consider the matter afresh, but the fact that the function is
transferred shall not entitle any person to make fresh representations or to
modify or withdraw any representations already made.
      (6)
If the appropriate Ministers determine an appeal which another person was
previously appointed to determine, they may, in determining it, take into
40
account any report made to them by that person.
33
The decision of the person appointed under paragraph 32, or, as the case
may be, of the appropriate Ministers, on an appeal under paragraph 30 shall
be final.
34    (1)
An appeal under paragraph 30 shall be dealt with on the basis of written
45
representations, unless the person deciding the appeal directs otherwise.

Crossrail Bill
Schedule 7 — Planning conditions
Part 4 — Supplementary
164

      (2)
Subject to that, the appropriate Ministers may by regulations make such
provision as they think fit about procedure in relation to appeals under
paragraph 30.
      (3)
Regulations under sub-paragraph (2) may, in particular—
(a)
make provision for a time limit within which any person entitled to
5
make representations must submit them in writing and any
supporting documents,
(b)
empower the person deciding an appeal to proceed to a decision
taking into account only such written representations and
supporting documents as were submitted within the time limit, and
10
(c)
empower the person deciding an appeal, after giving written notice
of his intention to do so to the nominated undertaker and the
planning authority whose decision is appealed against, to proceed to
a decision notwithstanding that no written representations were
made within the time limit, if it appears to him that he has sufficient
15
material before him to enable him to reach a decision on the merits of
the case.
      (4)
Regulations under sub-paragraph (2) may, in relation to such a time limit as
is mentioned in sub-paragraph (3)(a)—
(a)
prescribe the time limit in regulations, or
20
(b)
enable the appropriate Ministers to give directions setting the time
limit in a particular case or class of case.
35    (1)
Regulations under paragraph 30 or 34 may make different provision for
different cases.
      (2)
The power to make regulations under paragraph 30 or 34 shall be exercisable
25
by statutory instrument which shall be subject to annulment in pursuance of
a resolution of either House of Parliament.
Modification of Schedule
36    (1)
The Secretary of State may by order amend this Schedule as he thinks fit in
consequence of provision made by an order under section 149 of the Local
30
Government, Planning and Land Act 1980 (c. 65) (power to substitute an
urban development corporation as the local planning authority) as applied
by section 5 of the London Olympic and Paralympic Games Act 2006 (c. 12)
(application in relation to the Olympic Delivery Authority).
      (2)
The power to make an order under this paragraph shall be exercisable by
35
statutory instrument which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
Interpretation
37    (1)
In this Schedule—
“building” includes any structure other than—
40
(a)
anything in the nature of plant or machinery,
(b)
any gate, fence, wall or other means of enclosure, or
(c)
any tunnel, earthwork or railway track bed,
but does not include anything temporary or, except where forming
part of a station and intended for use by members of the public
45

Crossrail Bill
Schedule 8 — Extension of permitted development rights: supplementary provisions
165

without a ticket or other permission to travel, anything
underground;
“deemed planning permission” means the permission deemed by
section 10(1) to be granted;
“large goods vehicle” has the same meaning as in Part 4 of the Road
5
Traffic Act 1988 (c. 52);
“permitted development” means development to which the deemed
planning permission relates;
“railway vehicle” and “track” have the same meanings as in Part 1 of the
Railways Act 1993 (c. 43);
10
“special road” and “trunk road” have the same meanings as in the
Highways Act 1980 (c. 66).
      (2)
In this Schedule, references to the appropriate Ministers are to the Secretary
of State for Communities and Local Government and the Secretary of State
for Transport and, in relation to the carrying out of any function, are to those
15
Ministers acting jointly.
      (3)
For the purposes of this Schedule, spoil or top soil is surplus if it is not used
for the purposes of any of the works authorised by this Act.
Schedule 8
Section 15

Extension of permitted development rights: supplementary provisions
20
Conditions of permitted development
1     (1)
Planning permission granted by virtue of section 15(1) is subject to the
condition that development is carried out in accordance with such
requirements as the Secretary of State may by notice in writing to the
developer specify for the purpose of—
25
(a)
avoiding a breach of a relevant undertaking, or
(b)
securing that the environmental effects of carrying out the
development are not materially different from those envisaged by
the relevant environmental assessment.
      (2)
The power conferred by sub-paragraph (1) is exercisable after, as well as
30
before, development is commenced.
      (3)
The power conferred by sub-paragraph (1) includes power, exercisable in
the same manner, to vary or revoke a notice under that sub-paragraph.
      (4)
The condition imposed by sub-paragraph (1) is in addition to any condition
to which the planning permission may be subject apart from this paragraph.
35
Controls in relation to proposed development
2     (1)
Where—
(a)
it appears to the Secretary of State that a person is proposing to carry
out development of a kind mentioned in section 15(1)(a), and
(b)
the Secretary of State is of the opinion that the proposed
40
development has not been the subject of environmental assessment
in connection with the Crossrail Bill,