Crossrail Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 8 — Extension of permitted development rights: supplementary provisions
164

without a ticket or other permission to travel, anything
underground;
“deemed planning permission” means the permission deemed by
section 10(1) to be granted;
“large goods vehicle” has the same meaning as in Part 4 of the Road
5
Traffic Act 1988 (c. 52);
“permitted development” means development to which the deemed
planning permission relates;
“railway vehicle” and “track” have the same meanings as in Part 1 of the
Railways Act 1993 (c. 43);
10
“special road” and “trunk road” have the same meanings as in the
Highways Act 1980 (c. 66).
      (2)
In this Schedule, references to the appropriate Ministers are to the Secretary
of State for Communities and Local Government and the Secretary of State
for Transport and, in relation to the carrying out of any function, are to those
15
Ministers acting jointly.
      (3)
For the purposes of this Schedule, spoil or top soil is surplus if it is not used
for the purposes of any of the works authorised by this Act.
Schedule 8
Section 15

Extension of permitted development rights: supplementary provisions
20
Conditions of permitted development
1     (1)
Planning permission granted by virtue of section 15(1) is subject to the
condition that development is carried out in accordance with such
requirements as the Secretary of State may by notice in writing to the
developer specify for the purpose of—
25
(a)
avoiding a breach of a relevant undertaking, or
(b)
securing that the environmental effects of carrying out the
development are not materially different from those envisaged by
the relevant environmental assessment.
      (2)
The power conferred by sub-paragraph (1) is exercisable after, as well as
30
before, development is commenced.
      (3)
The power conferred by sub-paragraph (1) includes power, exercisable in
the same manner, to vary or revoke a notice under that sub-paragraph.
      (4)
The condition imposed by sub-paragraph (1) is in addition to any condition
to which the planning permission may be subject apart from this paragraph.
35
Controls in relation to proposed development
2     (1)
Where—
(a)
it appears to the Secretary of State that a person is proposing to carry
out development of a kind mentioned in section 15(1)(a), and
(b)
the Secretary of State is of the opinion that the proposed
40
development has not been the subject of environmental assessment
in connection with the Crossrail Bill,

Crossrail Bill
Schedule 8 — Extension of permitted development rights: supplementary provisions
165


he may give notice in writing of his opinion to the proposed developer.
      (2)
The power conferred by sub-paragraph (1) includes power, exercisable in
the same manner, to withdraw a notice under that sub-paragraph.
      (3)
Where a notice given under sub-paragraph (1) has not been withdrawn,
section 15(1) shall be treated as not applying to the carrying out by the
5
person to whom the notice is given of the development to which it relates.
3     (1)
This paragraph applies where it appears to the Secretary of State—
(a)
that a person is proposing to carry out development of a kind
mentioned in section 15(1)(a), and
(b)
that the development has been the subject of environmental
10
assessment in connection with the Crossrail Bill.
      (2)
If it appears to the Secretary of State that it is necessary or desirable to do so
for the purpose of avoiding a breach of a relevant undertaking, he may, by
notice in writing to the proposed developer, disapply section 15(1) in
relation to the carrying out of the development by that person.
15
      (3)
The power conferred by sub-paragraph (2) includes power, exercisable in
the same manner, to revoke a notice under that sub-paragraph.
Notices
4
A notice under this Schedule shall—
(a)
specify the person to whom it is given,
20
(b)
specify the development to which it relates,
(c)
explain the reasons for it, and
(d)
in the case of a notice under paragraph 2, explain its effect.
5
Notices under this Schedule shall be served by post.
6
Where the Secretary of State gives a notice under this Schedule he shall—
25
(a)
in the case of a notice relating to development in the area of a unitary
authority, give a copy of the notice to the local planning authority;
(b)
in the case of a notice relating to development not in the area of a
unitary authority, give a copy of the notice to the district planning
authority.
30
Interpretation
7
For the purposes of this Schedule, development has been the subject of
environmental assessment in connection with the Crossrail Bill if it is
development in relation to which information contained in a statement
specified for the purposes of section 15(1)(b) constituted at the time of the
35
statement’s deposit or publication an environmental statement within the
meaning of the EIA regulations.
8
In this Schedule—
(a)
“relevant undertaking” means an undertaking given by the Secretary
of State—
40
(i)
to the Select Committee of the House of Commons to which
the Crossrail Bill was committed, or
(ii)
to the Select Committee of the House of Lords to which that
bill was committed;

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls
166

(b)
references to the relevant environmental statement, in relation to
development for which planning permission is granted by virtue of
section 15(1), are to the statement by virtue of which paragraph (b) of
that subsection applies.
Schedule 9
5
Section 16

Heritage: disapplication and modification of controls
Listed buildings and conservation areas
1     (1)
Subject to sub-paragraph (2), if a listed building was such a building
immediately before 15th December 2004 and is specified in columns (1) and
(2) of the following table—
10
(a)
section 7 of the Planning (Listed Buildings and Conservation Areas)
Act 1990 (c. 9) (restriction on works affecting listed buildings) shall
not apply to works carried out in relation to the building in exercise
of the powers conferred by this Act,
(b)
to the extent that a notice issued in relation to the building under
15
section 38(1) of that Act (enforcement) requires the taking of steps
which would be rendered ineffective, or substantially ineffective, by
works proposed to be carried out in exercise of the powers conferred
by this Act, it shall not have effect or, as the case may be, shall cease
to have effect,
20
(c)
no steps may be taken in relation to the building under section 42(1)
of that Act (execution of works specified in notice under section
38(1)) which would be rendered ineffective, or substantially
ineffective, by works proposed to be carried out in exercise of the
powers conferred by this Act, and
25
(d)
no works may be executed for the preservation of the building under
section 54 of that Act (urgent works to preserve unoccupied listed
buildings) which would be rendered ineffective, or substantially
ineffective, by works proposed to be carried out in exercise of the
powers conferred by this Act.
30
      (2)
In the case of any building specified in columns (1) and (2) of the following
table in relation to which any description of works is specified in column (3)
of that table, sub-paragraph (1) shall have effect as if the references to works
carried out in exercise of the powers conferred by this Act were, so far as
concerns works of demolition or alteration (as opposed to extension), to
35
works so carried out which are of a description specified in relation to it in
that column.
      (3)
Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a
listed building which was not such a building immediately before 15th
December 2004.
40
      (4)
If a building included in a conservation area and not a listed building—
(a)
was not included in a conservation area immediately before 15th
December 2004, or
(b)
was included in such an area immediately before that date and is
specified in columns (1) and (2) of the following table,
45

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls
167


section 74 of the Planning (Listed Buildings and Conservation Areas) Act
1990 (c. 9) (control of demolition in conservation areas) shall not apply to the
demolition of it in exercise of the powers conferred by this Act.

(1)
(2)
(3)

Area
Building
Works

5

Royal Borough of
Maidenhead
Alterations in

Windsor &
Viaduct. Grade II*
connection with

Maidenhead and

installation of

District of South

overhead

Bucks

electrification

10

equipment.

Borough of Slough
Slough railway
Demolition of

station. Grade II
canopies over

platform 5.

Alterations in

15

connection with

platform

lengthening, new

footbridge,

overhead line

20

electrification and

ticket hall

rearrangement.

London Borough of
Hanwell railway
Alterations in

Ealing
station. Grade II
connection with

25

platform

lengthening.

City of Westminster
Southern span of

footbridge carrying

Westbourne Park

30

Passage over the

railway.

Boundary wall

between

Westbourne Park

35

Villas and the

railway from

Westbourne Park

Passage to a point

opposite No. 60

40

Westbourne Park

Villas.

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Schedule 9 — Heritage: disapplication and modification of controls
168

(1)
(2)
(3)

Area
Building
Works

Paddington Station.
Demolition of

Grade 1
retaining walls,

railings, and canopy

5

on Eastbourne

Terrace and

Departures Road.

Demolition of Lynx

Building on north-

10

east side of the

station. Alterations

of deck on north-

east side of station

(being the deck on

15

part of which the

Lynx Building is

situated) and area

below that deck in

connection with (a)

20

construction of new

stairs, lifts and

escalators, (b) Work

No. 1/11B and (c)

taxi circulation

25

facility. Alterations

to the Lawn in

connection with

emergency escape

provision.

30

Paddington Station,
Alterations and

Macmillan House,
partial demolition of

Eastbourne Terrace.
basement and

Grade 1
ground floor.

Alterations to form

35

an emergency

escape in the horse

arch.

Great Western
Alterations relating

Hotel, Praed Street.
to emergency escape

40

Grade II
provision.

Paddington
Alterations in

Underground
connection with

Station, Praed Street.
construction of

Grade II
interchange

45

footbridge, lifts and

stairs. Alterations

and partial

demolition of

retaining walls.

50

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls
169

(1)
(2)
(3)

Area
Building
Works

191-195 (odd) Praed

Street

197-199 (odd) Praed

5

Street (rear part)

19-23 (odd and

even) Spring Street

(rear part)

Porter’s Lodge in

10

front of number 1

Stratford Place.

Grade II

354-358 (even)

Oxford Street

15

18 & 19 Hanover

Square

1a Tenterden Street

9 Great Chapel

Street / 4 Fareham

20

Street

10-12 (odd and

even) Great Chapel

Street

2 & 3 Fareham Street

25

96 Dean Street

93 Dean Street

94 Dean Street.

Grade II

95 Dean Street

30

3 Diadem Court

9 Diadem Court

Bollards on the

corner of Fareham

Street and Great

35

Chapel Street.

Grade II

9-15 (odd) Oxford

Street

Crossrail Bill
Schedule 9 — Heritage: disapplication and modification of controls
170

(1)
(2)
(3)

Area
Building
Works

7 Oxford Street

3-5 (odd) Oxford

Street

5

1 Oxford Street

167 Charing Cross

Road

157-163 (odd) & 165

Charing Cross Road

10

1-6 (odd and even)

Falconberg Court

London Borough of
148 Charing Cross

Camden
Road

138-146 (even)

15

Charing Cross Road

Centre Point, 101 &
Demolition of pool,

103 New Oxford
fountains and plaza

Street and 5-24 (odd
including

and even) St. Giles
underground

20

High Street and pool
snooker hall and

and frontage to
gym. Demolition of

Charing Cross Road.
exterior stairs to first

Grade II
floor level on the

western side of the

25

building.

Installation of a

temporary entrance.

8-10 (even)
Demolition of

Southampton Row.
interior and roof

30

Grade II
(facade to

Southampton Row,

Fisher Street and

Catton Street to be

retained).

35

Kingsway Tram
Alterations in

Tunnel. Grade II
connection with

carrying out of

compensation

grouting for the

40

protection of

buildings in the

vicinity.