PART 7MISCELLANEOUS AND GENERAL

Disapplication of legislative provisions, etc.

article 53 + 53.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and within any maintenance period defined in article 36(13), any maintenance of the authorised development—

article 53 1 a + (a)sections 66 to 75 of the 1968 Act except where paragraph (5) applies;

article 53 1 b + (b)sections 141 (restriction on planting of trees etc. in or near carriageway), 169 (control of scaffolding on highways), 171 (control of deposit of building materials and making of excavations in streets), and 172 (hoardings to be set up during building etc.) of the 1980 Act;

article 53 1 c + (c)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991(1);

article 53 1 d + (d)sections 23 (prohibition of obstructions, etc. in watercourses), 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991(2);

article 53 1 e + (e)the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; and

article 53 1 f + (f)regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(3) in respect of a flood risk activity.

(2) The provisions of the Neighbourhood Planning Act 2017(4), insofar as they relate to temporary possession of, or entry onto, land under this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 36(13), any maintenance of any part of the authorised development.

(3) Following the expiry of any maintenance period defined in article 36(13), the requirement under the 1968 Act to obtain a works licence under section 66 (licensing of works) of that Act does not apply to anything done within any structure forming part of the authorised development in connection with the operation or maintenance of the authorised development, or any other function of the undertaker in its capacity as a highway authority except where paragraph (4) applies.

(4) This paragraph applies where the undertaker seeks to carry out, construct or maintain any utility works beneath the riverbed of the river Thames which are not required directly or solely in connection with the construction, operation and maintenance of the highway that forms part of the authorised development.

(5) The provisions of the Allotments Act 1922(5) do not apply to the exercise by the undertaker of any functions under this Order.

term development + (6) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010(6) any building comprised in the authorised development is deemed to be—

article 53 6 a + (a)a building into which people do not normally go; or

article 53 6 b + (b)a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

(7) Nothing in this Order is to prejudice the operation of, and the exercise of powers and duties of the undertaker, a statutory undertaker or the Secretary of State under the 1980 Act, the 1991 Act, the 2000 Act and the Town and Country Planning (General Permitted Development) (England) Order 2015(7).