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Crossrail Bill


Crossrail Bill

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scheduled work, that the development must be begun not later than the end of

10 years beginning with the day on which this Act is passed.

(2)   

The Secretary of State may, in relation to any development to which the

condition imposed by subsection (1) applies, by order extend the period by

reference to which the condition operates.

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(3)   

The power conferred by subsection (2) shall be exercisable by statutory

instrument which shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

(4)   

Nothing in section 91 of the Town and Country Planning Act 1990 (c. 8) (limit

on duration of planning permission) shall apply to the planning permission

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deemed by section 10(1) to be granted.

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Fees for planning applications

(1)   

The appropriate Ministers may by regulations make provision about fees for

relevant planning applications.

(2)   

Regulations under subsection (1) may, in particular—

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(a)   

make provision for the payment to the authority to which a relevant

planning application is made of a fee of a prescribed amount;

(b)   

make provision for the remission or refunding of a prescribed fee (in

whole or part) in prescribed circumstances;

(c)   

make provision for a prescribed fee to be treated as paid in prescribed

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circumstances;

(d)   

make provision about the time for payment of a prescribed fee;

(e)   

make provision about the consequences of non-payment of a

prescribed fee, including provision for the termination of the

application concerned or any appeal against its refusal;

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(f)   

make provision for the resolution of disputes.

(3)   

Regulations under subsection (1) may—

(a)   

make such supplementary, incidental or consequential provision as the

appropriate Ministers think fit, and

(b)   

make different provision for different cases.

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(4)   

The power to make regulations under subsection (1) shall be exercisable by

statutory instrument which shall be subject to annulment in pursuance of a

resolution of either House of Parliament.

(5)   

Nothing in regulations under section 303 of the Town and Country Planning

Act 1990 (fees for planning applications) shall apply to a relevant planning

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application.

(6)   

In this section—

“appropriate Ministers” means the Secretary of State for Communities

and Local Government and the Secretary of State for Transport acting

jointly;

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“prescribed” means prescribed in regulations under subsection (1);

“relevant planning application” means a request for approval under the

planning permission deemed by section 10(1) to be granted.

 
 

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13      

Power to disapply section 10(1)

(1)   

The Secretary of State may, in relation to any work constructed in exercise of

the powers conferred by this Act, by order provide that section 10(1), so far as

relating to development consisting of operations for the maintenance or

alteration of the work, shall be treated as not applying in relation to operations

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begun on or after such day as may be specified in the order.

(2)   

The Town and Country Planning (General Permitted Development) Order

1995 (S.I. 1995/418) (or any order replacing that order) shall have effect in

relation to any development excepted from section 10(1) by subsection (1) as if

this Act were a local Act.

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(3)   

Orders under subsection (1) may make different provision for different cases.

(4)   

The power conferred by subsection (1) shall be exercisable by statutory

instrument.

(5)   

A statutory instrument containing an order under subsection (1) shall be laid

before Parliament after being made.

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14      

EIA regulations: replacement development

(1)   

The EIA regulations shall have effect as if the definition of “EIA development”

in regulation 2(1) of the regulations included any development not included in

paragraph (a) or (b) of the definition which—

(a)   

consists of the construction of a building in place of a building

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demolished, or substantially demolished, in exercise of the powers

conferred by this Act,

(b)   

is not development for which planning permission is deemed by

section 10(1) to be granted,

(c)   

is development in relation to which the first or second condition is met,

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and

(d)   

is not exempt development within the meaning of those regulations.

(2)   

The first condition is that the building which the development replaces is

specified in the following table.

 
 

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Area

Building

 
 

City of Westminster

4-18 (even) Bishops Bridge Road

 
  

191-195 (odd) Praed Street

 
  

354-358 (even) Oxford Street

 
  

1 Marylebone Lane

 

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65 Davies Street

 
  

18 and 19 Hanover Square

 
  

1a Tenterden Street

 
  

3 and 9 Diadem Court

 
  

9-12 (odd and even) Great Chapel

 

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Street

 
  

93 to 96 (odd and even) Dean Street

 
  

2 and 3 Fareham Street

 
  

91-101 (odd) Oxford Street

 
  

1-8 (odd and even) Great Chapel

 

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Street

 
  

97-102 (odd and even) Dean Street

 
  

6 and 7 Fareham Street

 
  

1-15 (odd) Oxford Street

 
  

157-167 (odd) Charing Cross Rd

 

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(including the Astoria Theatre)

 
  

1-6 (odd and even) Falconberg Court

 
  

135a-155 (odd) Charing Cross Road

 
  

12 Sutton Row

 
  

12 Goslett Yard

 

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London Borough of Camden

138-146 (even) Charing Cross Road

 
  

2 Fisher Street

 
  

2-6 (even) Catton Street and 1 Fisher

 
  

Street

 
  

8 and 10 Southampton Row

 

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London Borough of Islington

2a-12 (even) Farringdon Road and 48-

 
  

53 (odd and even) Cowcross Street

 
  

(Cardinal House)

 
  

38-42 (even) Charterhouse Street

 
 

City of London

2-5 Lindsey Street (odd and even)

 

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(including Smithfield House)

 
  

54-64 (even) Charterhouse Street

 
  

8 and 9 Hayne Street

 
  

20-23 (odd and even) Long Lane

 
  

33-37 (odd and even) Charterhouse

 

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Square

 
  

91-109 (odd) Moorgate

 
  

12-24 (even) Moorfields

 
  

11 and 12 Blomfield Street

 
 

London Borough of Tower Hamlets

68-80 (even) Hanbury Street

 

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(Britannia House)

 
  

80-102 (even) Hanbury Street

 
 

London Borough of Greenwich

12, 14, 15, and 16 Gunnery Terrace

 

(3)   

The second condition is that the development would be likely to have

significant effects on the environment by virtue of factors such as its nature,

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size or location.

(4)   

In this section, “building” includes any structure.

 
 

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15      

Extension of permitted development rights

(1)   

Article 3(10) of the Town and Country Planning (General Permitted

Development) Order 1995 (S.I. 1995/418) (exception from permission in case of

development for which environmental assessment required) shall not apply to

development—

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(a)   

which falls within a class of development described in Part 15, 16, 17,

24 or 25 of Schedule 2 to that Order as permitted development, and

(b)   

in relation to which information contained in a statement specified for

the purposes of this paragraph constituted at the time of the

statement’s deposit or publication an environmental statement within

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the meaning of the EIA regulations.

(2)   

The following are the statements specified for the purposes of subsection

(1)(b)—

(a)   

the statement deposited in connection with the Crossrail Bill in the

Private Bill Office of the House of Commons in February 2005 in

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pursuance of Standing Order 27A of the Standing Orders of the House

of Commons relating to private business (environmental assessment);

(b)   

the statements containing additional environmental information

published in connection with the Crossrail Bill by the Secretary of State,

notice of the publication of which was published in the London Gazette

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on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th

May 2007.

(3)   

Schedule 8 (which contains supplementary provisions) has effect.

Heritage

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Disapplication and modification of controls

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Schedule 9 (which makes provision for the disapplication or modification, in

relation to authorised works, of controls relating to listed buildings, buildings

in conservation areas and ancient monuments etc.) has effect.

17      

Rights of entry

Schedule 10 (which makes provision about rights of entry for the Historic

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Buildings and Monuments Commission for England) has effect.

Trees

18      

Power to deal with trees on neighbouring land

(1)   

Where any tree overhangs land used for the purposes of Crossrail or otherwise

for the purposes of works authorised by this Act, the nominated undertaker

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may by notice to the occupier of the land on which the tree is growing require

the tree to be removed, topped or lopped if it is necessary for that to be done—

(a)   

to enable works authorised by this Act to be maintained, or

(b)   

for reasons of safety in connection with the operation of Crossrail.

(2)   

The person to whom a notice under subsection (1) is given may object to the

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notice by giving the nominated undertaker a counter-notice to that effect

 
 

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before the end of the period of 28 days beginning with the day on which the

notice under subsection (1) is given.

(3)   

If a counter-notice is given under subsection (2), the notice under subsection (1)

shall have no effect unless confirmed by an order of the county court.

(4)   

The nominated undertaker may carry out the works required by a notice under

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subsection (1) if the notice has been in effect for a continuous period of at least

28 days and has not been complied with.

(5)   

Where the power conferred by subsection (4) is exercisable, the nominated

undertaker may—

(a)   

enter the land on which the tree concerned is growing, for the purpose

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of exercising the power in relation to it, and

(b)   

take with it such vehicles and equipment as are necessary for that

purpose.

(6)   

If the nominated undertaker tops or lops a tree in exercise of the power

conferred by subsection (4), it shall do so in a husbandlike manner and in such

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a way as to cause the minimum of damage to the tree.

(7)   

On application by a person who—

(a)   

has incurred expenses in complying with a notice under subsection (1),

or

(b)   

has suffered any loss or damage in consequence of the carrying out of

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works required by such a notice,

   

the county court shall order the nominated undertaker to pay him such

compensation in respect of the loss, damage or expenses as it thinks fit.

19      

Disapplication of controls

(1)   

Neither of the following shall apply to tree works which are authorised for the

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purposes of this section—

(a)   

an order under section 198(1) of the Town and Country Planning Act

1990 (c. 8) (tree preservation orders), and

(b)   

section 211(1) and (5) of that Act (preservation of trees in conservation

areas).

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(2)   

Tree works are authorised for the purposes of this section if—

(a)   

they are required by a notice under section 18(1),

(b)   

they are carried out, for the purposes of or in connection with the

construction of the works authorised by this Act, in relation to a tree

growing on land within the relevant limits, or

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(c)   

they are carried out in relation to a tree growing on land used for the

purposes of or in connection with Crossrail and are necessary to enable

the works authorised by this Act to be maintained or for reasons of

safety in connection with the operation of any railway used for the

purposes of or in connection with Crossrail.

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(3)   

In this section, references to tree works are to works consisting of the removal,

topping or lopping of a tree.

 
 

 
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Revised 9 November 2007