|
| |
| |
| | | | | | | | | | | | | | | | | | | | | Bryant and May Factory, Main |
| | | | | | Building, Fairfield Road. Grade |
| | 5 | | | | | | | | | | London Transport Trolley Bus |
| | | | | | Depot (Bow Bus Garage). Grade |
| | | | | | | | | | | | North Woolwich Station, Pier |
| | 10 | | | | | | | | | London Borough of Greenwich |
| | | | | | | | | | | | | | | | | | | Plumstead Road. Grade II. |
| | 15 | | | | Officers Quarters, Plumstead |
| | | | | | | | | | | | Royal Arsenal Middle Gate and |
| | | | | | attached boundary wall to the |
| | | | | | | | 20 | | | | | | | | | | Plumstead Road. Grade II. |
| | | | | | | | | | | | House, Plumstead. Grade II. |
| | | | | | | | 25 | | | | electricity generating station), |
| | | | | | White Hart Road, Plumstead. |
| | | | | | | | |
|
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(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 |
| |
| |
| |
| |
|
| |
| |
| |
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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| 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. |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
|
