Select Committee on the Crossrail Bill First Special Report


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.

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