SCHEDULES

SCHEDULE 17MISCELLANEOUS CONTROLS

Town and Country Planning Act 1990

schedule 17 paragraph 5 + 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(1) (development without development consent) and 161(2) (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(3) and 239 (consecrated land and burial grounds) of the 1990 Act shall apply—

schedule 17 paragraph 5 2 a + (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

schedule 17 paragraph 5 2 b + (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.