|
| |
| |
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. |
| 5 |
(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 |
| 10 |
deemed by section 10(1) to be granted. |
| |
12 | 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— |
| 15 |
(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 |
| 20 |
| |
(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; |
| 25 |
(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. |
| 30 |
(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 |
| 35 |
| |
| |
“appropriate Ministers” means the Secretary of State for Communities |
| |
and Local Government and the Secretary of State for Transport acting |
| |
| 40 |
“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. |
| |
| |
| |
|
| |
| |
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 |
| 5 |
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. |
| 10 |
(3) | Orders under subsection (1) may make different provision for different cases. |
| |
(4) | The power conferred by subsection (1) shall be exercisable by statutory |
| |
| |
(5) | A statutory instrument containing an order under subsection (1) shall be laid |
| |
before Parliament after being made. |
| 15 |
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 |
| 20 |
demolished, or substantially demolished, in exercise of the powers |
| |
| |
(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, |
| 25 |
| |
(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. |
| |
| |
| |
|
| |
| |
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 |
| |
| 5 |
(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 |
| 10 |
the meaning of the EIA regulations. |
| |
(2) | The following are the statements specified for the purposes of subsection |
| |
| |
(a) | the statement deposited in connection with the Crossrail Bill in the |
| |
Private Bill Office of the House of Commons in February 2005 in |
| 15 |
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 |
| 20 |
on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th |
| |
| |
(3) | Schedule 8 (which contains supplementary provisions) has effect. |
| |
| |
16 | Disapplication and modification of controls |
| 25 |
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. |
| |
| |
Schedule 10 (which makes provision about rights of entry for the Historic |
| 30 |
Buildings and Monuments Commission for England) has effect. |
| |
| |
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 |
| 35 |
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 |
| 40 |
notice by giving the nominated undertaker a counter-notice to that effect |
| |
| |
| |
|
| |
| |
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 |
| 5 |
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 |
| |
| |
(a) | enter the land on which the tree concerned is growing, for the purpose |
| 10 |
of exercising the power in relation to it, and |
| |
(b) | take with it such vehicles and equipment as are necessary for that |
| |
| |
(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 |
| 15 |
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), |
| |
| |
(b) | has suffered any loss or damage in consequence of the carrying out of |
| 20 |
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 |
| 25 |
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 |
| |
| 30 |
(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 |
| 35 |
(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. |
| 40 |
(3) | In this section, references to tree works are to works consisting of the removal, |
| |
topping or lopping of a tree. |
| |
| |
| |
|
