Channel Tunnel Rail Link Act 1996

(1)	(2)	(3)	(4)
Works	Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken
GREATER LONDON	GREATER LONDON	GREATER LONDON	GREATER LONDON
1A, 1B, 1C, 1D, 1F and 5D(1)	London Borough of Camden	79	The provision of access for construction purposes.
1A, 1B, 1C, 1D and 1F		87	The provision of a working site and access for construction purposes.
1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1K, 3, 3B, 3C and 5A		182 and 189 to 192	The provision of access for construction purposes.
1HH, 3B and 3C		203 and 204	The provision of access for construction purposes.
1JJ, 2AA and 2BB	London Borough of Islington	782 and 1050	The provision of access for construction purposes.
1AA, 1BB and 3E		787 and 788	The provision of access for construction purposes.
6	London Borough of Hackney	778 and 779	The provision of barge moorings and barge loading facilities.
6		780	The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work No. 6, a working site and access for construction purposes.
6		781 and 782	The provision of access for construction purposes.
22	London Borough of Newham	1237 and 1239	The provision of a working site.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1253 and 1254	The provision of barge moorings and barge loading facilities, spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1255 to 1260	The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1261	The provision of spoil handling plant and machinery and a conveyor.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1262 and 1263	The provision of access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7		1269	The provision of a working site and access for construction purposes.
6D and 6E	London Borough of Waltham Forest	6	The provision of access for construction purposes.
6D and 6E		10	The provision of access for construction of drainage works.
8Q	London Borough of Barking and Dagenham	205	The provision of access for construction purposes.
8H, 8P(3) and 8P(4)		195, 201 and 202	The provision of access for construction purposes.
8L and 8R		215 and 226	The provision of accesses for construction purposes.
8, 8G, 8J and 8R		217 to 219	The provision of access for construction purposes.
22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)		829 and 830	The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.
22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)		839	The use of a jetty and provision of moorings in the River Thames.
8, 8G, 8J and 8R	London Borough of Havering	1 to 4	The provision of access for construction purposes.
8 and 8S		25 to 30 and 45	The provision of a working site and access for construction purposes.
8 and 8U(7)		55 and 56	The provision of access for construction purposes.
COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX
9	Borough of Thurrock	52 and 56 to 67	The provision of access for construction purposes.
9, 9C, 9D, 9F(1) and 10		81, 83, 84, 89, 93, 94, 96 and 98	The provision of a working site and access for construction purposes.
COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT
10, 10A, 10B, 10C and 10J	Borough of Dartford, Parish of Swanscombe and Greenhithe	13 and 14	The provision of access for construction purposes.
10B, 10D, 10F(1) and 10R(2)		21 to 23	The provision of access for construction purposes.
10, 10T(1), 10T(3), 10T(8), 10R, 10P, 10Q and 11 to 11F	Borough of Dartford, Parish of Southfleet	12 and 13	The provision of access for construction purposes.
10T(6), 10T(7) and 10T(8)		26	The provision of access for construction purposes.
11		53	The provision of a working site.
10J and 10J(2)	Borough of Gravesham, Town of Gravesend	2 to 4	The provision of access for construction purposes.
10, 10B, 10C, 10D, 10E and 10F(1)		12 to 14	The provision of access for construction purposes.
10R(2)		42	The provision of access for construction purposes.
10B, 10C and 10N		70	The provision of access for construction purposes.
12, 12F and 12H	Borough of Gravesham, Parish of Cobham	28	The provision of a working site and temporary road diversion.
20A and 20B	Borough of Gravesham, Parish of Higham	9 and 10	The provision of access to a railhead to be used for construction purposes.
20A and 20B	Borough of Gravesham, Parish of Shorne	18	The provision of access to a railhead to be used for construction purposes.
13, 13B	City of Rochester Upon Medway, Town of Rochester	27 to 29	The provision of a working site and access to the River Medway for construction purposes.
13C and 13D		65, 68, 69 and 71	The provision of access for construction purposes.
13C and 13D	Borough of Tonbridge and Malling, Parish of Wouldham	1 and 2	The provision of access for construction purposes.
13	Borough of Tonbridge and Malling, Parish of Aylesford	1, 4, 29 and 41	The provision of a working site and access for construction purposes.
13	Borough of Maidstone, Parish of Boxley	88	The provision of access for construction purposes.
13 and 13J	Borough of Maidstone, Parish of Detling	1	The provision of a working site and access for construction purposes.
14 and 14A	Borough of Maidstone, Parish of Thurnham	5	The provision of a working site and access for construction purposes.
14	Borough of Maidstone, Parish of Leeds	1	The provision of access for construction purposes.
15	Borough of Ashford, Parish of Hothfield	6	The provision of access for construction purposes.
16, 16A, 16B and 16F		15	The provision of a working site and access for construction purposes.
16, 16A and 16B	Borough of Ashford, Town of Ashford	16	The provision of a working site.
16C and 16H		34 to 37 and 48	The provision of a working site and access for construction purposes.
16 and 16H		59 to 73 and 76	The provision of a working site and access for construction purposes.
16 and 16K		78	The provision of a working site and access for construction purposes.
16A, 16B, 16C, 16K and 16L		46 and 78 to 80	The provision of a working site and access for construction purposes.
16, 16A, 16B, 16C, 16K and 16M		85, 86, 89, 94 and 95	The provision of a working site and access for construction purposes.
16, 16A, 16B 16C and 16D		110, 111, 117 and 122	The provision of a working site and access for construction purposes.
16, 16A, 16B, 16C, 16D and 16E		125 and 131	The provision of a working site and access for construction purposes.
17, 17B and 17C	Borough of Ashford, Parish of Sevington	28	The provision of a working site.
17 and 17H	Borough of Ashford, Parish of Smeeth	24 and 27	The provision of access for construction purposes.
17, 17J(1) and 17K		31	The provision of a working site and access for construction purposes.
17 and 17J(2)	District of Shepway, Parish of Sellindge	44, 45 and 60	The provision of access for construction purposes.
17	District of Shepway, Parish of Stanford	7 and 17 to 19	The provision of access for construction purposes.
17 and 17Q	District of Shepway, Parish of Saltwood	13 to 16	The provision of a working site and access for construction purposes.
17, 17Q and 17P	District of Shepway, Parish of Postling	11 and 14 to 18	The provision of a working site and access for construction purposes.
18B, 18E, 18F and 18G	District of Shepway, Parish of Newington	3 and 4	The provision of a working site and access for construction purposes.
18J		6 and 9	The provision of access for construction purposes.
18A, 18AA, 18B, 18F, 18G and 18K		14 to 16, 19 to 21, 32 and 37	The provision of a working site and access for construction purposes.
18A, 18AA, 18B and 18G		31 and 40	The provision of working sites and access for construction purposes.
18AA		62	The provision of access for construction purposes.
18E	District of Shepway, Parish of Hythe	1	The provision of access for construction purposes.
18AA	District of Shepway, Town of Folkestone	6	The provision of a working site and access for construction purposes.
13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith	District of Thanet, Parish of Minster	2	The provision of access to a railhead to be used for construction purposes.
13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith	District of Dover, Parish of Sandwich	1	The provision of access to a railhead to be used for construction purposes.

• (2) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

• (3) The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the work or works specified in relation to the land in column (1) of the table in sub-paragraph (1) above unless the owners of the land agree.

• (4) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

• (5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

• (6) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4) above.

• (7) In this paragraph, “structure” includes any erection.

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• (1) Before giving up possession of land of which possession has been taken under paragraph 1 above, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

• (2) If, in relation to any land of which possession has been taken under paragraph 1 above, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the work or works specified in relation to the land in column (1) of the table in paragraph 1(1) above, the scheme shall be such as may be determined by the Secretary of State after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.

• (3) Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) above shall provide for land to be restored to its former condition.

• (4) Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) above shall not provide for the nominated undertaker to replace any structure removed under paragraph 1 above other than a fence.

• (5) Where the Secretary of State asks the relevant planning authority for assistance in connection with the carrying out by him of his function under sub-paragraph (2) above, he may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

• (6) The duty under sub-paragraph (1) above in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.

• (7) Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

• (a) enter the land concerned and take that step, and

• (b) require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a) above.

• (8) In this paragraph—

• . . .

• “relevant planning authority” means—in relation to Greater London, the local planning authority, andin relation to Essex or Kent, the district planning authority; and

• “structure” includes any erection.

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• (1) Where the power under paragraph 1 above to take possession of land is exercised in relation to any land to which section 4(1) above applies, the relevant powers of compulsory acquisition shall thereupon cease to be exercisable in relation to that land.

• (2) Sub-paragraph (1) above shall not apply to compulsory acquisition by virtue of paragraph 8(1) of Schedule 4 to this Act.

• (3) In sub-paragraph (1) above, the reference to the relevant powers of compulsory acquisition is to—

• (a) the power to serve a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

• (b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 of Schedule 4 to this Act.

Occupation and use for maintenance of works

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• (1) At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—

• (a) enter upon and take possession of any land which is—

• (i) within 20 metres from that work, and

• (ii) within the limits of deviation for the scheduled works or the limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and

• (b) construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.

• (2) Sub-paragraph (1) above shall not authorise the nominated undertaker to take possession of—

• (a) a house,

• (b) any other structure which is for the time being occupied, or

• (c) a garden belonging to a house.

• (3) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

• (4) The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

• (5) Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.

• (6) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

• (7) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

• (8) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6) above.

• (9) In this paragraph—

• (a) “the maintenance period”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use,

• (b) “structure” includes any erection, and

• (c) any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Suspension of private rights of way

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• (1) All private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.

• (2) Any person who suffers loss by the suspension of any right under this paragraph shall be entitled to compensation.

• (3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

SCHEDULE 6

Part I — Qualifying Authorities

Specification

1

• (1) As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—

• (a) had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and

• (b) has not subsequently been released from its undertakings.

• (2) Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) above is a qualifying authority for the purposes of this Schedule.

• (3) The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.

• (4) If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.

• (5) Before making an order under sub-paragraph (3) or (4) above, the Secretary of State shall consult—

• (a) the nominated undertaker, and

• (b) unless the authority concerned has requested him to make the order, that authority.

• (6) A statutory instrument containing an order under sub-paragraph (3) or (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In sub-paragraph (4) above, the reference to the relevant day is—

• (a) in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a) above, and

• (b) in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.

• (8) For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part II or III of this Schedule in relation to the giving of approval.

Transition

2

• (1) An order under paragraph 1 above may contain such transitional provision and savings as the Secretary of State thinks fit.

• (2) Without prejudice to the generality of sub-paragraph (1) above, provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule.

• (3) The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1) above.

Part II — Development in Greater London

Introductory

3

This Part of this Schedule has effect in relation to development in Greater London.

Planning regimes

4

• (1) The requirement set out in paragraph 5 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a London borough council which is not a qualifying authority for the purposes of this Schedule.

• (2) For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—

• (a) the erection, construction, alteration or extension of any building, or

• (b) the formation, laying out or alteration of any means of access to any highway used by vehicular traffic.

• (3) The requirements set out in paragraphs 6 to 10 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a London borough council which is a qualifying authority for the purposes of this Schedule.

• (4) The requirements set out in paragraph 11 below shall be conditions of the deemed planning permission so far as relating to development in the area of any London borough council.

Conditions: non-qualifying authority

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• (1) Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

• (2) The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

• (3) Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

• (4) The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

• (a) that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

• (b) that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.

• (5) The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.

Conditions: qualifying authority

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• (1) To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

• (2) The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

• (3) Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

• (4) The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

Operation or work	Grounds
1.Construction works(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.	That the design or external appearance of the works ought to be modified—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.
2.Minor construction works The erection, construction, alteration or extension of any transformers, electronic communications masts or pedestrian accesses to the railway line.	That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.	That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of any railway comprised in Work No. 1 as lies between the northern end of the roof over St. Pancras station, as it is at the time of erection or construction, and the northern abutment of the existing bridge over the Regent’s Canal.	That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
6.Artificial lighting The erection, construction or installation of lighting equipment.	That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
	That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.
7.Waste and spoil disposal The disposal of waste or spoil.	That—(a) the design or external appearance of disposal sites on land within the relevant limits,(b) the methods by which such sites are worked, or(c) the noise, dust, vibration or screening arrangements during the operation of such sites,ought to be modified and are reasonably capable of being modified.That—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.
8.Borrow pits The excavation of bulk materials from borrow pits.	That—(a) the design or external appearance of borrow pits on land within the relevant limits,(b) the methods by which such pits are worked, or(c) the noise, dust, vibration or screening arrangements during the operation of such pits,ought to be modified and are reasonably capable of being modified.That—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

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• (1) Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

• (2) The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

• (a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

• (b) the ground specified in relation to the matter in the right-hand column of the table.

Matters	Grounds
1.Road transport Means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.	That the arrangements ought to be modified—(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
2.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.	That the arrangements ought to be modified to ensure that the spoil or top soil remain in good condition and are reasonably capable of being so modified.
3.Storage sites Sites on land within the relevant limits at which—(a) minerals, aggregates or other construction materials required for the development, or(b) spoil or top soil,are to be stored until used or re-used in carrying out the development or disposed of as waste.	That the arrangements ought to be modified—(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
4.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.	As item 3.
5.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.	As item 3.
6.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
7.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.	As item 6.
8.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.	As item 6.
9.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.	That the arrangements ought to be modified—(a) to preserve the local environment or local amenity, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
10.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.	That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

• (3) The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

• (4) In this paragraph, “large goods vehicle” has the same meaning as in Part IV of the Road Traffic Act 1988.

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• (1) To the extent that development consists of—

• (a) the disposal of waste or spoil, or

• (b) the excavation of bulk materials from borrow pits,

it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

• (2) The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

• (3) The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.

• (4) In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

9

• (1) No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.

• (2) The works to which this paragraph applies are—

• (a) any scheduled work,

• (b) any station constructed in exercise of the powers conferred by this Part of this Act, and

• (c) any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

• (3) The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—

• (a) it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

• (b) it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

• (4) The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

• (a) to preserve the local environment or local amenity,

• (b) to preserve a site of archaeological or historic interest, or

• (c) in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

• (5) In this paragraph, “railway vehicle” and “track” have the same meanings as in Part I of the Railways Act 1993.

10

—Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b) above, the nominated undertaker shall be required—

• (a) to carry out the scheme, and

• (b) to comply with any condition subject to which the scheme is approved.

Conditions: general

11

• (1) Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.

• (2) The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.

• (3) If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the Secretary of State may determine after consultation with the nominated undertaker and the local planning authority.

• (4) Where, independently of any consultation under sub-paragraph (3) above, the Secretary of State asks the local planning authority for assistance in connection with the carrying out by him of his function under sub-paragraph (3) above, he may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

• (5) Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 above applies.

• (6) Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.

• (7) In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

Part III — Development in Essex or Kent

Introductory

12

This Part of this Schedule has effect in relation to development in Essex or Kent.

Planning regimes: district councils

13

• (1) The requirement set out in paragraph 14 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.

• (2) For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—

• (a) the erection, construction, alteration or extension of any building, or

• (b) the formation, laying out or alteration, otherwise than in connection with an excepted matter, of any means of access to any highway used by vehicular traffic.

• (3) The requirements set out in paragraphs 15 and 16 below shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.

• (4) For the purposes of sub-paragraph (3) above, excepted development is development consisting of—

• (a) the formation, laying out or alteration, in connection with an excepted matter, of any means of access to any highway used by vehicular traffic,

• (b) the disposal of waste or spoil, or

• (c) the excavation of bulk materials from borrow pits.

• (5) The requirements set out in paragraphs 17 and 18 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.

• (6) The requirements set out in paragraph 19 below shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.

• (7) For the purposes of this paragraph, the following are excepted matters—

• (a) the transport of minerals,

• (b) the transport of surplus spoil or top soil,

• (c) the disposal of waste or spoil, and

• (d) the excavation of bulk materials from borrow pits.

District conditions: non-qualifying authority

14

• (1) Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.

• (2) The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

• (3) Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

• (4) The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

• (a) that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

• (b) that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.

District conditions: qualifying authority

15

• (1) To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.

• (2) The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

• (3) Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

• (4) The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

Operation or work	Grounds
1.Construction works(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.	That the design or external appearance of the works ought to be modified—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.
2.Minor construction works The erection, construction, alteration or extension of any transformers, electronic communications masts or pedestrian accesses to the railway line.	That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.	That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of the railway comprised in Work No. 13 as lies between 1,000 and 2,400 metres from its western end.	That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
6.Artificial lighting The erection, construction or installation of lighting equipment.	That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
	That the development ought to, and could reasonably be, carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.

16

• (1) Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

• (2) The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

• (a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

• (b) the ground specified in relation to the matter in the right-hand column of the table.

Matters	Grounds
1.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.	That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.
2.Storage sites Sites on land within the relevant limits at which—(a) minerals, aggregates or other construction materials required for the development, or(b) spoil or top soil,are to be stored until used or re-used in carrying out the development or disposed of as waste.	That the arrangements ought to be modified—(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
3.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.	As item 2.
4.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.	As item 2.
5.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
6.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.	As item 5.
7.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.	As item 5.
8.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.	That the arrangements ought to be modified—(a) to preserve the local environment or local amenity, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
9.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.	That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

• (3) The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

17

• (1) No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.

• (2) The works to which this paragraph applies are—

• (a) any scheduled work,

• (b) any station constructed in exercise of the powers conferred by this Part of this Act, and

• (c) any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

• (3) The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—

• (a) it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

• (b) it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

• (4) The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

• (a) to preserve the local environment or local amenity,

• (b) to preserve a site of archaeological or historic interest, or

• (c) in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

• (5) In this paragraph, “railway vehicle” and “track” have the same meanings as in Part I of the Railways Act 1993.

18

Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b) above, the nominated undertaker shall be required—

• (a) to carry out the scheme, and

• (b) to comply with any condition subject to which the scheme is approved.

District conditions: general

19

• (1) Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.

• (2) The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.

• (3) If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the Secretary of State may determine after consultation with the nominated undertaker and the district planning authority.

• (4) Where, independently of any consultation under sub-paragraph (3) above, the Secretary of State asks the district planning authority for assistance in connection with the carrying out by him of his function under sub-paragraph (3) above, he may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

• (5) Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.

• (6) Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.

• (7) In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

Planning regimes: county councils

20

• (1) The requirement set out in paragraph 21 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a county council which is not a qualifying authority for the purposes of this Schedule.

• (2) For the purposes of sub-paragraph (1) above, relevant development is development consisting of the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic.

• (3) The requirements set out in paragraphs 22, 23 and 24 below shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

• (4) For the purposes of sub-paragraph (3) above, relevant development is development consisting of—

• (a) the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic,

• (b) the disposal of waste or spoil, or

• (c) the excavation of bulk materials from borrow pits.

• (5) The requirement set out in paragraph 25 below shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

• (6) For the purposes of this paragraph, the following are excepted matters—

• (a) the transport of minerals,

• (b) the transport of surplus spoil or top soil,

• (c) the disposal of waste or spoil, and

• (d) the excavation of bulk materials from borrow pits.

County conditions: non-qualifying authority

21

• (1) Development shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.

• (2) The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

• (3) Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

• (4) The only ground on which the county planning authority may refuse to approve plans or specifications for the purposes of this paragraph is that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits.

County conditions: qualifying authority

22

• (1) To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.

• (2) The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

• (3) Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

• (4) The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

Operation or work	Grounds
1.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.	That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
2.Waste and spoil disposal The disposal of waste or spoil.	That—(a) the design or external appearance of disposal sites on land within the relevant limits,(b) the methods by which such sites are worked, or(c) the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified and are reasonably capable of being modified.That—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.
3.Borrow pits The excavation of bulk materials from borrow pits.	That—(a) the design or external appearance of borrow pits on land within the relevant limits,(b) the methods by which such pits are worked, or(c) the noise, dust, vibration or screening arrangements during the operation of such pits,ought to be modified and are reasonably capable of being modified.That—(a) to preserve the local environment or local amenity,(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or(c) to preserve a site of archaeological or historic interest or nature conservation value,the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

Note: In the case of items 2 and 3, the second of the grounds specified does not apply in relation to development which—

• (a) is within the limits of deviation for the scheduled works, or

• (b) consists of the use of land specified in columns (1) and (2) of Part I of Schedule 4 for a purpose specified in relation to the land in column (3) of that Part.

• (5) Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

23

• (1) Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

• (2) The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

• (a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

• (b) the ground specified in relation to the matter in the right-hand column of the table.

Matters	Grounds
1.Handling of re-usable spoil and top soil Handling during removal, storage, and re-use of any spoil or top soil removed during the course of carrying out the development.	That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.
2. Storage sites Sites on land within the relevant limits at which—(a) minerals, aggregates or other construction materials required for the development, or(b) spoil or top soil, are to be stored until used or re-used in carrying out the development or disposed of as waste.	That the arrangements ought to be modified—(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
3.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.	As item 2.
4.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.	As item 2.
5.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
6.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.	As item 5.
7.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.	As item 5.
8.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.	That the arrangements ought to be modified—(a) to preserve the local environment or local amenity, or(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,and are reasonably capable of being so modified.
9.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a working site or camp.	That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

• (3) The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

24

• (1) To the extent that development consists of—

• (a) the disposal of waste or spoil, or

• (b) the excavation of bulk materials from borrow pits,

it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

• (2) The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

• (3) The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.

• (4) In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

25

• (1) Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.

• (2) The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—

• (a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

• (b) that the arrangements ought to be modified—

• (i) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

• (ii) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

• (3) The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

• (4) In this paragraph, “large goods vehicle” has the same meaning as in Part IV of the Road Traffic Act 1988.

Part IV — Supplementary

Programming of requests for planning approvals

26

A planning authority shall not be required to entertain a request for approval under Part II or III of this Schedule unless—

• (a) the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and

• (b) the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Part of this Act.

Consultation

27

• (1) Where a planning authority considers that a request for approval under Part II or III of this Schedule relates to matters which may affect—

• (a) nature conservation,

• (b) the conservation of the natural beauty or amenity of the countryside, or

• (c) a site of archaeological or historic interest,

it shall, within 5 days of receiving the request, invite the appropriate body or bodies to make representations.

• (2) Where under sub-paragraph (1) above a planning authority has invited a body to make representations about a request for approval under Part II or III of this Schedule, it shall not make any decision about the request until—

• (a) it has received representations from the body about the request,

• (b) it has been informed by the body that it does not wish to make any representations about the request, or

• (c) 21 days have elapsed since the date of the invitation.

• (3) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

• (4) For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—

Matter	Body
Nature conservation.	Natural England.
Conservation of the natural beauty or amenity of the countryside.	The Nature conservation or conservation of the natural beauty or amenity of the countryside .
Sites of archaeological or historic interest.	The Historic Buildings and Monuments Commission for England.

28

• (1) Where a planning authority considers that a request for approval under Part II or III of this Schedule relates to matters which may affect—

• (a) the conservation of the natural beauty or amenity of inland or coastal waters or land associated with such waters,

• (b) the conservation of flora or fauna which are dependent on an aquatic environment, or

• (c) the use of such waters or land for recreational purposes,

it shall, within 5 days of receiving the request, invite the Environment Agency to make representations.

• (2) Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part II or III of this Schedule, it shall not make any decision about the request until—

• (a) it has received representations from the Agency about the request,

• (b) it has been informed by the Agency that it does not wish to make any representations about the request, or

• (c) 21 days have elapsed since the date of the invitation.

• (3) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

29