PART 6Miscellaneous and general

Application and modification of legislative provisions

36.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of, or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a)regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(1) in respect of a flood risk activity only;

(b)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 1991(2);

(c)the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991(3);

(d)sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991; and

(e)the provisions of the Neighbourhood Planning Act 2017(4) in so far as they relate to the temporary possession of land under articles 32 (temporary use of land for carrying out the authorised development) and 33 (temporary use of land for maintaining the authorised development).

(2) Notwithstanding 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(5) any building comprised in the authorised development must be deemed to be—

(a)a building into which people do not normally go; or

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