Crossrail Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 7 — Planning conditions
Part 1 — Qualifying authorities
136

dispose of the fee simple of the land, whether in possession or
reversion.
19
Paragraph 18 shall not apply to any subsoil or under-surface of land
required only for the construction of a work at a level more than 9 metres
below the level of the surface of the land.
5
Compensation
20
Section 4 of the Acquisition of Land Act 1981 (c. 67) (assessment of
compensation in relation to a compulsory purchase where unnecessary
things done with a view to obtaining compensation) shall have effect in
relation to a compulsory purchase under this Act as if it were a compulsory
10
purchase for the purposes of that Act.
Schedule 7
Section 10

Planning conditions
Part 1
Qualifying authorities
15
Specification
1     (1)
As soon after the day on which this Act is passed as the Secretary of State
considers reasonably practicable, he shall, by order made by statutory
instrument, specify every relevant local authority which—
(a)
had, on or before the day on which the Bill for this Act was reported
20
from Select Committee in the House of Lords, given him
undertakings with respect to the handling of planning matters
arising under this Schedule which he considered satisfactory, and
(b)
has not subsequently been released from its undertakings.
      (2)
Subject to the following provisions of this paragraph, an authority which is
25
specified under sub-paragraph (1) is a qualifying authority for the purposes
of this Schedule.
      (3)
The Secretary of State may, if he considers it expedient to do so, by order
made by statutory instrument provide that an authority shall cease to be a
qualifying authority for the purposes of this Schedule.
30
      (4)
If, in relation to a relevant local authority which is not a qualifying authority
for the purposes of this Schedule, the Secretary of State considers that the
way in which the authority carries out its functions has been significantly
affected by a change of circumstances occurring since the relevant day, he
may by order made by statutory instrument provide that the authority shall
35
be a qualifying authority for the purposes of this Schedule.
      (5)
Before making an order under sub-paragraph (3) or (4), the Secretary of State
shall consult—
(a)
the nominated undertaker, and
(b)
unless the authority concerned has requested him to make the order,
40
that authority.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
137

      (6)
A statutory instrument containing an order under sub-paragraph (3) or (4)
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
      (7)
In sub-paragraph (4), the reference to the relevant day is—
(a)
in relation to an authority which has never been a qualifying
5
authority for the purposes of this Schedule, to the day mentioned in
sub-paragraph (1)(a), and
(b)
in relation to an authority which has been a qualifying authority for
the purposes of this Schedule, to the day on which it ceased, or last
ceased, to be such an authority.
10
      (8)
For the purposes of this paragraph, a local authority is a relevant local
authority if it has functions under Part 2 or 3 in relation to giving of approval
or would have such functions were it specified under sub-paragraph (1).
Transition
2     (1)
An order under paragraph 1 may contain such transitional provision and
15
savings as the Secretary of State thinks fit.
      (2)
Without prejudice to the generality of sub-paragraph (1), provision under
that sub-paragraph may include provision with respect to the effect, in a case
where the nominated undertaker has obtained, or requested, approval
under this Schedule, of the authority which granted the approval, or to
20
which the request has been made, ceasing to be, or becoming, a qualifying
authority for the purposes of this Schedule.
      (3)
The Secretary of State may by agreement fetter the exercise of his discretion
under sub-paragraph (1).
Part 2
25
Development in the area of a unitary authority
Introductory
3
This Part has effect in relation to development in the area of a unitary
authority.
Planning regimes
30
4     (1)
The requirement set out in paragraph 5 shall be a condition of the deemed
planning permission, so far as relating to relevant development in the area
of a unitary authority which is not a qualifying authority for the purposes of
this Schedule.
      (2)
For the purposes of sub-paragraph (1), development is relevant
35
development to the extent that it consists of or includes the erection,
construction, alteration or extension of any building.
      (3)
The requirements set out in paragraphs 6 to 10 shall be conditions of the
deemed planning permission, so far as relating to development in the area
of a unitary authority which is a qualifying authority for the purposes of this
40
Schedule.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
138

      (4)
The requirements set out in paragraph 11 shall be conditions of the deemed
planning permission, so far as relating to development in the area of any
unitary authority.
Conditions: non-qualifying authority
5     (1)
Development shall be carried out in accordance with plans and
5
specifications for the time being approved by the local planning authority at
the request of the nominated undertaker.
      (2)
The local planning authority may, on approving a plan or specification for
the purposes of this paragraph, specify any respect in which it requires
additional details of the development to be submitted for approval.
10
      (3)
Where the local planning authority exercises the power conferred by sub-
paragraph (2), the plans and specifications in accordance with which the
development is required under sub-paragraph (1) to be carried out shall, as
regards the specified respect, include a plan or specification showing the
additional details.
15
      (4)
The only ground on which the local planning authority may refuse to
approve plans or specifications for the purposes of this paragraph is—
(a)
that the development to which they relate ought to, and could
reasonably, be carried out elsewhere on land within the relevant
limits, or
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(b)
that the design or external appearance of any building to which they
relate ought to be modified to preserve the local environment or local
amenity and is reasonably capable of being so modified.
Conditions: qualifying authority
6     (1)
To the extent that development consists of any operation or work mentioned
25
in column (1) of the table in sub-paragraph (4), it shall be carried out in
accordance with plans and specifications for the time being approved by the
local planning authority at the request of the nominated undertaker.
      (2)
The local planning authority may, on approving a plan or specification for
the purposes of this paragraph, specify any respect in which it requires there
30
to be submitted for approval additional details of the operation or work
which gives rise to the need for approval under sub-paragraph (1).
      (3)
Where the local planning authority exercises the power conferred by sub-
paragraph (2), the plans and specifications in accordance with which the
development is required under sub-paragrah (1) to be carried out shall, as
35
regards the specified respect, include a plan or specification showing the
additional details.
      (4)
The only ground on which the local planning authority may refuse to
approve for the purposes of this paragraph plans or specifications of any
operation or work mentioned in column (1) of the following table is a
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ground specified in relation to it in column (2) of the table.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
139

(1)
(2)

Operation or work
Grounds

1. Construction works

(a) The erection, construction,
That the design or external

alteration or extension of any
appearance of the works ought

5

building (except for anything
to be modified—

within (b) or (c) or item 2 or 4)
(a)
to preserve the local

or road vehicle park.
environment or local

(b) The construction, alteration
amenity,

or extension of any terracing,
(b)
to prevent or reduce

10

cuttings, embankments or other
prejudicial effects on

earth works.
road safety or on the

(c) The erection, construction,
free flow of trafic in the

alteration of extension of any
local area, or

fences, walls or other barriers
(c)
to preserve a site of

15

(including bunds) for visual or
archaeological or

noise screening or dust
historic interest or

suppression.
nature conservation

value,

and is reasonably capable of

20

being so modified.

That the development ought to,

and could reasonably, be

carried out elsewhere within

the limits of the land on which

25

the works of which it forms part

may be carried out under this

Act.

2. Minor construction works

The erection, construction,
That the design or external

30

alteration or extension of any
appearance of the works ought

transformers,
to be modified to preserve the

telecommunications masts or
local environment or local

pedestrian accesses to railway
amenity, and is reasonably

lines.
capable of being so modified.

35

That the development ought to,

and could reasonably, be

carried out on land elsewhere

within the relevant limits.

3. Fences and walls

40

The erection, construction,
That the development ought to,

alteration or extension of any
and could reasonably, be

fences or walls (except for
carried out on land elsewhere

anything within item 1(c)).
within the relevant limits.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
140

(1)
(2)

Operation or work
Grounds

4. Articifial lighting

The erection, construction or
That the design of the

installation of lighting
equipment, with respect to the

5

equipment.
emission of light, ought to be

modified to preserve the local

environment or local amenity,

and is reasonably capable of

being so modified.

10

That the development ought to,

and could reasonably, be

carried out elsewhere within

the limits of land on which the

works of which it forms part

15

may be carried out under this

Act.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
141

(1)
(2)

Operation or work
Grounds

5. Waste and spoil disposal

The disposal of waste or spoil.
That—

(a)
the design or external

5

appearance of disposal

sites on land within the

relevant limits,

(b)
the methods by which

such sites are worked, or

10

(c)
the noise, dust, vibration

or screening

arrangements during

the operation of such

sites,

15

ought to be modified, and are

reasonably capable of being

modified.

That—

(a)
to preserve the local

20

environment or local

amenity,

(b)
to prevent or reduce

prejudicial effects on

road safety or on the

25

free flow of traffic in the

local area, or

(c)
to preserve a site of

archaeological or

historic interest or

30

nature conservation

value,

the development ought to be

carried out on land elsewhere

within the relevant limits, and

35

is reasonably capable of being

so carried out.

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
142

(1)
(2)

Operation or work
Grounds

6. Borrow pits

The excavation of bulk
That—

materials from borrow pits.
(a)
the design or external

5

appearance of borrow

pits on land within the

relevant limits,

(b)
the methods by which

such pits are worked, or

10

(c)
the noise, dust, vibration

or screening

arrangements during

the operation of such

pits,

15

ought to be modified, and are

reasonably capable of being

modified.

That—

(a)
to preserve the local

20

environment or local

amenity,

(b)
to prevent or reduce

prejudicial effects on

road safety or on the

25

free flow of traffic in the

local area, or

(c)
to preserve a site of

archaeological or

historic interest or

30

nature conservation

value,

the development ought to be

carried out on land elsewhere

within the relevant limits, and

35

is reasonably capable of being

so carried out.

      (5)
In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-
paragraph (4), the second of the grounds specified in relation to the item in
column (2) of the table does not apply in relation to development which
40
forms part of a scheduled work.
      (6)
In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4),
the second of the grounds specified in relation to it in column (2) of the table
does not apply in relation to development which—
(a)
is within the limits of deviation for the scheduled works, or
45
(b)
consists of the use of land specified in columns (1) and (2) of Part 1 of
Schedule 6 for a purpose specified in relation to the land in column
(3) of that Part.