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
150

(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.

      (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
20
forms part of a scheduled work.
      (6)
Any reference in column (1) of the table in sub-paragraph (4) to a description
of works does not include works of that description of a temporary nature;
and for this purpose, a building ancillary to a scheduled work is only to be
regarded as being of a temporary nature if it is intended to remain in place
25
for no longer than two years after the date on which the scheduled work is
brought into general use.
      (7)
Sub-paragraph (4) (as it has effect with sub-paragraphs (5) and (6)) shall
apply in relation to the imposition of conditions on approval as it applies in
relation to the refusal of approval.
30
16    (1)
Development shall be carried out in accordance with arangements approved
by the district planning authority at the request of the nominated undertaker
with respect to the matters mentioned in column (1) of the table in sub-
paragraph (2).
      (2)
The only ground on which the district planning authority may refuse to
35
approve for the purposes of this paragraph arrangements with respect to a
matter mentioned in column (1) of the following table is—
(a)
that the arrangements relate to development which, for the purposes
of regulating the matter in question, ought to and can reasonably be
considered in conjunction with other permitted development which
40
is to be carried out in the authority’s area, or
(b)
the ground specified in relation to the matter in column (2) of the
table.

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority
151

The Table

(1)
(2)

Matters
Grounds

1. Storage sites

Sites on land within the
That the arrangements ought to

5

relevant limits at which—
be modified—

(a)
minerals, aggregates or
(a)
to preserve the local

other construction
environment, local

materials required for
amenity or a site of

the development, or
archaeological or

10

(b)
spoil or top soil,
historic interest or

are to be stored until used or re-
nature conservation

used in carrying out the
value, or

development or disposed of as
(b)
to prevent or reduce

waste.
prejudicial effects on

15

road safety or on the

free flow of trafic in the

local area,

and are reasonably capable of

being so modified.

20

2. Construction camps

Sites on land within the
As item 1.

relevant limits which are to be

used for the residential

accommodation of persons

25

engaged in carrying out the

development.

3. Screening

Provision where necessary on
As item 1.

land within the relevant limits

30

of any screening for working

sites on such land required for

the purpose of carrying out the

development.

4. Artifical lighting

35

The use of artificial lighting on
That the arrangements ought to

land within the relevant limits
be modified to preserve the

for the purpose of carrying out
local environment or local

the development.
amenity, and are reasonably

capable of being so modified.

40

5. Suppression of dust

The suppression of dust caused
As item 4.

by construction operations

carried on on land within the

relevant limits for the purpose

45

of carrying out the

development.

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority
152

(1)
(2)

Matters
Grounds

6. Mud on highway

Measures to be taken on land
That the arrangements ought to

within the relevant limits to
be modified—

5

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

any public highway as a result
environment or local

of carrying out the
amenity, or

development.
(b)
to prevent or reduce

prejudicial effects on

10

road safety or on the

free flow of traffic in the

local area,

and are reasonably capable of

being so modified.

15

      (3)
The district planning authority may only impose conditions on approval for
the purposes of this paragraph with the agreement of the nominated
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
20
arrangements.
17    (1)
No work to which this paragraph applies shall be brought into use without
the approval of the district planning authority.
      (2)
The works to which this paragraph applies are—
(a)
any scheduled work, except for—
25
(i)
a station, or
(ii)
so much of any work constructed in a tunnel as is at least 9
metres below the surface of the land in which it is
constructed, and
(b)
any depot constructed, in exercise of the powers conferred by this
30
Act, for use for or in connection with the maintenance or railway
vehicles or track, whether or not constructed for use also for other
purposes.
      (3)
The district planning authority shall, at the request of the nominated
undertaker, grant approval for the purposes of sub-paragraph (1) if—
35
(a)
it considers that there are no reasonably practicable measures which
need to be taken for the purpose of mitigating the effect of the work
or its operation on the local environment or local amenity, or
(b)
it has approved, at the request of the nominated undertaker, a
scheme consisting of provision with respect to the taking of
40
measures for that purpose.
      (4)
The district planning authority shall not refuse to approve, nor impose
conditions on the approval of, a scheme submitted for the purposes of sub-
paragraph (3)(b) unless it is satisfied that it is expedient to do so on the
ground that the scheme ought to be modified—
45
(a)
to preserve the local environment or local amenity,

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority
153

(b)
to preserve a site of archaeological or historic interest, or
(c)
in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.
18
Where the district planning authority approves a scheme for the purposes of
paragraph 17(3)(b), the nominated undertaker shall be required—
5
(a)
to carry out the scheme, and
(b)
to comply with any condition subject to which the scheme is
approved.
District conditions: general
19    (1)
Where development consists of or includes the carrying out on any site of
10
operations ancillary to the construction of any of the scheduled works, those
operations shall be discontinued as soon as reasonably practicable after the
completion of the relevant scheduled work or works.
      (2)
The nominated undertaker shall, following discontinuation of the use of any
site for carrying out operations ancillary to the construction of any of the
15
scheduled works, restore the site in accordance with a scheme agreed with
the district planning authority.
      (3)
If, in relation to a site used for carrying out operations ancillary to the
construction of any of the scheduled works, no scheme has been agreed for
the purposes of sub-paragraph (2) within 6 months of the completion of the
20
relevant scheduled work or works, the scheme shall be such as the
appropriate Ministers may determine after consultation with the nominated
undertaker and the district planning authority.
      (4)
Where, independently of any consultation under sub-paragraph (3), the
appropriate Mininsters ask the district planning authority for assistance in
25
connection with the carrying out by them of their function under sub-
paragraph (3), they may require the nominated undertaker to reimburse to
the planning authority any expenses which it reasonably incurs in meeting
the request.
      (5)
Sub-paragraph (2) shall not apply to a site to the extent that it consists of land
30
to which a scheme under paragraph 23 applies.
      (6)
Sub-paragraph (2) shall not apply where the site is one in relation to which
the nominated undertaker is subject to an obligation under paragraph 2(1)
of Schedule 5.
      (7)
In this paragraph, references to the relevant scheduled work or works, in
35
relation to any site, are to the scheduled work or works to which the
operations carried out on that site were ancillary.
County conditions: qualifying authority
20    (1)
The requirements set out in paragraphs 21 to 23 shall be conditions of the
deemed planning permission, so far as relating to relevant development in
40
the area of a county council which is a qualfying authority for the purposes
of this Schedule.
      (2)
For the purposes of sub-paragraph (1), relevant development is
development consisting of—
(a)
the disposal of waste or spoil, or
45

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority
154

(b)
the excavation of bulk materials from borrow pits.
      (3)
The requirement set out in paragraph 24 shall be a condition of the deemed
planning permission, so far as relating to development in the area of a
county council which is a qualifying authority for the purposes of this
Schedule.
5
21    (1)
To the extent that development consists of any operation or work mentioned
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
county planning authority at the request of the nominated undertaker.
      (2)
The county planning authority may, on approving a plan or specification for
10
the purposes of this paragraph, specify any respect in which it requires there
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 county planning authority exercises the power conferred by sub-
paragraph (2), the plans and specifications in accordance with which the
15
development is required under sub-paragraph (1) to be carried out shall, as
regards the specific respect, include a plan or specification showing the
additional details.
      (4)
The only ground on which the county planning authority may refuse to
approve for the purposes of this paragraph plans or specifications of any
20
operation or work mentioned in column (1) of the following table is a
ground specified in relation to it in column (2) of the table.

Crossrail Bill
Schedule 7 — Planning conditions
Part 3 — Development not in the area of a unitary authority
155

(1)
(2)

Operation or work
Grounds

1. 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 3 — Development not in the area of a unitary authority
156

(1)
(2)

Operation or work
Grounds

2. 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 each of the items 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
(a)
is within the limits of deviation for the scheduled works, or
(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.
      (6)
Sub-paragraph (4) (as it has effect with sub-paragraph (5)) shall apply in
45
relation to the imposition of conditions on approval as it applies in relation
to the refusal of approval.