APPENDIX 13: EXPLANATION OF AMENDMENTS
TO CLAUSE 16
The works which would be authorised by the Crossrail
Bill if enacted include works affecting listed buildings, and
works requiring the demolition of a few buildings in conservation
areas. Leaving aside the authority which would be created by the
Bill as enacted, these works would normally require listed building
consent by virtue of Section 7 of the Planning (Listed Buildings
and Conservation Areas) Act 1990, or conservation area consent
under Section 74 of that Act, before they could lawfully be carried
out. In addition, Crossrail affects some scheduled monuments (principally
parts of the former roman and mediaeval wall of the City of London)
for which consent would, but for the Bill, be required under Section
2 of the Ancient Monuments and Archaeological Areas Act 1979.
In order to ensure that Crossrail can be constructed
and not be frustrated by the need for further consents such as
listed building consent or scheduled monument consent, clause
16 of and Schedule 9 to the Bill remove the need for these with
respect to the works authorised by the Bill, subject to certain
qualifications (for example, in column (3) of the table in paragraph
1 of Schedule 9 there are some limitations to the extent of the
disapplication of the requirement for listed building consent).
It is intended that these disapplications from the
normal statutory regime will apply to the construction phase of
Crossrail. However, the Bill also authorises the nominated undertaker
to maintain and alter the Crossrail works from time to time. The
purpose of new clause 16(2) to (7) is to enable the Secretary
of State, by order made by statutory instrument, to "switch
off" the disapplications made by Schedule 9, in cases where
any of the Crossrail works previously constructed under the Bill
are subsequently maintained or altered after a date specified
in the order. For things done after the "switch-off"
date, normal listed building consent or scheduled monument consent
would be required where relevant.
This is similar to the provision made for the planning
permission deemed to be granted by clause 10 of the Bill. Under
clause 13, once the construction phase is over the Secretary of
State may by order made by statutory instrument "switch off"
clause 10 for works of maintenance or alteration carried out after
the specified date, in order that the ordinary regime applying
to planning permissions and permitted development will apply.