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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

20

(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

40

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.

 

 

 
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