SCHEDULES

Article 49

SCHEDULE 17MISCELLANEOUS CONTROLS

Introduction

1.  This Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.

Highways Act 1980

2.—(1) Section 141(1) (restriction on planting trees etc in or near carriageway) of the 1980 Act shall not apply to any tree or shrub planted in the course of the authorised development before completion of construction.

(2) Section 167(2) (powers relating to retaining walls near streets) of that Act shall not apply in relation to—

(a)the erection of a wall in the course of the authorised development before completion of construction; or

(b)a wall on land which works are being carried out, or are to be carried out, in pursuance of the authorised development before completion of construction.

(3) Sections 169(1) (control of scaffolding on highways) 172(3) (hoardings to be set up during building etc) and 173(4) (hoardings to be securely erected) of that Act shall not apply to anything done in the course of the authorised development before completion of construction.

Party Wall etc Act 1996

3.—(1) No notice under section 1(2) or (5) (notice before building on line of junction with adjoining land) of the Party Wall etc Act 1996(5) shall be required before the building of any wall in the course of the authorised development before completion of construction.

(2) Sections 1(6) (underpinning of adjoining buildings) and 2 (repair etc. of party wall: rights of owner) of the Party Wall etc Act 1996 shall not apply in relation to—

(a)anything used, or intended to be used, by the undertaker for the purposes of the authorised development before completion of construction; or

(b)land on which there is any such thing.

(3) Section 6 (adjacent excavation and construction) of the Party Wall etc Act 1996 shall not apply in relation to a proposal to excavate. or excavate to erect anything in the course of the authorised development before completion of construction.

Planning Act 2008 – Application of the 2010 Regulations (Community infrastructure Levy)

4.  This Order shall not constitute a planning permission for the purpose of Part 11 (community infrastructure levy) of the 2008 Act notwithstanding the definition of planning permission contained within regulation 5 (meaning of planning permission) of the Community Infrastructure Levy Regulations 2010(6).

Town and Country Planning Act 1990

5.—(1) Any development, or any part of a development, within the Order limits which is constructed or used under the authority of a planning permission pursuant to Part 3 (control over development) of the 1990 Act (whether express or otherwise) following the coming into force of this Order is to be disregarded at all times for the purposes of ascertaining whether or not an offence has been committed under the provisions of sections 160(7) (development without development consent) and 161(8) (breach of terms of order granting development consent) of the 2008 Act and such development or planning permission shall not at any time be construed as preventing the further construction, maintenance or use of the authorised development (or any part of it) in accordance with this Order.

(2) Sections 238(9) and 239 (consecrated land and burial grounds) of the 1990 Act shall apply—

(a)in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

(b)in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 35 (temporary use of land for carrying out the authorised development) and 36 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised as consecrated land.

Flood and Water Management Act 2010

6.  Section 30 (designation of features) and Schedule 1 (risk management: designation of features) of the Flood and Water Management Act 2010(10) shall not apply in relation to the authorised development.

Control of Pollution Act 1974

7.—(1) Where a local authority is acting further to Section 60(4) of the Control of Pollution Act 1974 in relation to the construction of the authorised development and works before completion of construction then that local authority must also have regard to the noise levels referred to in the environmental statement and the principles of the code of construction practice.

(2) Sections 60(7) and 61(7) of the Control of Pollution Act 1974 shall not apply in relation to the authorised development.

(3) Section 61(9)(11) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Burial Act 1857

8.  Section 25 (offence of removal of body from burial ground) of the Burial Act 1857(12) shall not apply to the authorised development.