Legalize / United Kingdom / Public General Act

Channel Tunnel Rail Link Act 1996

Type Public General Act

Publication 1996-12-18

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

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—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

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(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

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

Planning regimes: district councils

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(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

(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,

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

District 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 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

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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 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.

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(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.

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(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

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.

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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

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(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

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(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

(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,

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

County 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 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

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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 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.

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(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.

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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 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.

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(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

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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

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(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

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

(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.

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(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

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

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

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(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 the Lee Valley Regional Park, it shall, within 5 days of receiving the request, invite the Lee Valley Regional Park Authority to make representations.

(2) Where under sub-paragraph (1) above a planning authority has invited the Lee Valley Regional Park Authority 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 Authority about the request,

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

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

Intervention by Secretary of State

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(1) The Secretary of State may by directions require a planning authority to refer any request for approval under Part II or III of this Schedule to him.

(2) In determining a request referred to him under this paragraph, the Secretary of State shall have the same powers as the authority making the reference.

(3) The determination by the Secretary of State of a request referred to him under this paragraph shall be final.

(4) Directions under this paragraph may—

(a) be given in relation to a specified request or requests of a specified description, and

(b) cancel or vary previous directions under this paragraph.

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(1) The Secretary of State may by directions restrict a planning authority’s powers in relation to the grant of approval under Part II or III of this Schedule.

(2) Directions under this paragraph may—

(a) be given in relation to a specified approval or approvals of a specified description,

(b) be expressed to have effect without limit of time or during a specified period, and

Appeals

32

(1) Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part II or III of this Schedule (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15, 21 or 22 above), it may appeal to the Secretary of State by giving notice of the appeal in the prescribed form to him and the authority whose decision is appealed against within 28 days of notification of the decision.

(2) On an appeal under this paragraph, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.

(3) Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—

(a) of its decision on the request, or

(b) that the request has been referred to the Secretary of State in accordance with directions under paragraph 30 above,

this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.

(4) For the purposes of sub-paragraph (3) above, the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may at any time be agreed upon in writing between the authority and the nominated undertaker.

(5) The Secretary of State may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) above in connection with the payment of fees by means of cheque.

(6) The power to make regulations under sub-paragraph (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this paragraph, “prescribed” means prescribed by regulations made by the Secretary of State.

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No appeal under section 78 of the Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 32 above.

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(1) Unless the Secretary of Statedirects otherwise, his functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by him, be carried out by a person appointed by him for the purpose.

(2) The Secretary of State may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.

(3) A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.

(4) At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the Secretary of State may revoke his appointment and appoint another person to determine the appeal instead.

(5) Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6) If the Secretary of Statedetermines an appeal which another person was previously appointed to determine, he may, in determining it, take into account any report made to him by that person.

35

The decision of the person appointed under paragraph 34 above, or, as the case may be, of the Secretary of State, on an appeal under paragraph 32 above shall be final.

36

(1) An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2) Subject to that, the Secretary of State may by regulations make such provision as he thinks fit about procedure in relation to appeals under paragraph 32 above.

(3) Regulations under sub-paragraph (2) above may, in particular—

(a) make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b) empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c) empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

(4) Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—

(a) prescribe the time limit in the regulations, or

(b) enable the Secretary of State to give directions setting the time limit in a particular case or class of case.

37

(1) Regulations under paragraph 32 or 36 above may make different provision for different cases.

(2) The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

38

(1) In this Schedule—

“building” includes any structure, other than—anything in the nature of plant or machinery,any gate, fence, wall or other means of enclosure, orany tunnel, earthwork or railway track bed,but does not include anything temporary or, except where forming part of a station and intended for public use, anything underground;

“deemed planning permission” means the planning permission deemed by section 9 above to be granted;

“development” has the same meaning as in the Town and Country Planning Act 1990; and

“permitted development” means development to which the deemed planning permission relates.

(2) In this Schedule—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(3) For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.

SCHEDULE 7

Listed buildings and conservation areas

1

(1) Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table—

(a) section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,

(b) to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c) no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and

(d) no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.

(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.

(4) If a building included in a conservation area and not a listed building—

(a) was not included in a conservation area immediately before 30th September 1994, or

(b) was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,

section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.

(5) Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(6) In this paragraph, “building”and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

2

(1) In the case of a listed building to which sub-paragraph (2) below applies—

(a) section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,

(b) to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c) no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and

(d) no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) This sub-paragraph applies to a listed building if—

(a) it was not such a building immediately before 30th September 1994, or

(b) it was such a building immediately before that date and is specified in the following table.

(3) Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(4) In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

3

Section 59 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

Ancient monuments etc.

4

(1) This paragraph has effect in relation to the Ancient Monuments and Archaeological Areas Act 1979.

(2) Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.

(3) The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.

(4) The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.

(5) Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.

(6) Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(7) The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.

(8) In section 25 (treatment of ancient monuments)—

(a) subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and

(b) subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.

(9) Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(10) Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.

(11) Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.

(12) Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

(13) Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

5

(1) The power of entry conferred by section 36(1) of the National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.

(2) Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.

(3) Section 36(6) of the National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.

(4) Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the appropriate Minister.

(5) In sub-paragraph (4) above, “appropriate Minister” means—

(a) in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, the Secretary of State for Culture, Media and Sport and the Secretary of State for Transports acting jointly, and

(b) in relation to a dispute about entry for the purpose of obtaining information about an historic building, the Secretary of State.

(6) In sub-paragraph (5) above, “ancient monument” and “historic building” have the meanings given by section 33(8) of the National Heritage Act 1983.

SCHEDULE 8

Historic Buildings and Monuments Commission for England

1

(1) Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated—

(a) for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or

(b) for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.

(2) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.

(3) The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4) A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(5) In this paragraph, “decontrolled works” means works to which section 7 or 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.

Royal Commission on the Historical Monuments of England

2

(1) The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—

(a) notice of the proposal to carry out the works has been given to the Royal Commission, and

(b) the appropriate period since the giving of the notice has elapsed.

(2) Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.

(3) In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.

(4) In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.

(5) In this paragraph, “decontrolled works” means works to which section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.

3

(1) Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

(2) The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3) A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4) For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.

Interpretation

4

In this Schedule—

“the Commission” means the Historic Buildings and Monuments Commission for England;

“the Royal Commission” means the Royal Commission on the Historical Monuments of England;

“scheduled monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979.

SCHEDULE 9

Part I — Railways Clauses Acts

Railways Clauses Consolidation Act 1845 (c. 20)

1

(1) The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2) The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—

sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77 to 85, 87, 88, 94, 95 and 112 to 124.

(3) In their application by virtue of sub-paragraph (1) above—

(a) section 2 shall have effect with the substitution for “so incorporated as aforesaid” of “ incorporated ”,

(b) section 6 shall have effect with the omission of the words “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”,

(c) section 16, so far as relating to the erection and construction of new stations, shall only have effect, so far as concerns the railways comprised in the rail link or the accommodation works connected therewith, to authorise the erection and construction of stations at St. Pancras in London and Ebbsfleet in Kent,

(d) sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other persons are regulated by sections 84 and 85 of the New Roads and Street Works Act 1991 or Part II of Schedule 15 to this Act,

(e) section 46 shall have effect with the omission of the proviso, and

(f) section 68 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.

Railways Clauses Act 1863 (c. 92)

2

(1) Part I of the Railways Clauses Act 1863, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2) The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—

sections 5 to 7 and 13 to 19.

Part II — Other Legislation

Highway (Railway Crossings) Act 1839 (c. 45)

3

The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.

Railway Regulation Act 1842 (c. 55)

4

Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.

Regulation of Railways Act 1871 (c. 78)

5

In section 2 of the Regulation of Railways Act 1871, in the definition of the term “railway”, the reference to any special Act of Parliament shall be construed as including this Act.

Railway Companies (Accounts and Returns) Act 1911 (c. 34)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Transport Commission Act 1949 (c. xxix)

7

(1) This paragraph has effect in relation to the British Transport Commission Act 1949.

(2) Section 55 (penalty for trespass on railways etc.) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the a successor of the British Railways Board.

(3) Section 56 (penalty for stone throwing etc. on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the a successor of the British Railways Board

(4) In this paragraph “successor of the British Railways Board” has the same meaning as in the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.

Miscellaneous

8

(1) In their application to—

(a) a rail link undertaker,

(b) the rail link, or

(c) any train of a rail link undertaker being used to provide services for the carriage of passengers or goods involving travel through the Channel Tunnel,

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

(1)	(2)	(3)	(4)
Enactment	Description of offence	Maximum otherwise applicable (level on standard scale)	Maximum fine (level on standard scale)
Section 16 of the Railway Regulation Act 1840.	Obstruction of officers of railway company or trespass upon railway.	Level 1	Level 3
Section 17 of the Railway Regulation Act 1842.	Misconduct of persons employed on railways.	Level 1	Level 3
Section 22 of the Regulation of Railways Act 1868.	Provision and improper use of means of communication.	Level 1	Level 2
The Regulation of Railways Act 1889—	The Regulation of Railways Act 1889—	The Regulation of Railways Act 1889—	The Regulation of Railways Act 1889—
section 5(1).	Failure to produce ticket, to pay fare or to give name and address.	Level 1	Level 2
section 5(3).	Travel with intent to avoid payment of fare.	Level 2	Level 3

(2) In such application—

(a) section 16 of the Railway Regulation Act 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

(b) section 17 of the Railway Regulation Act 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

(c) section 5(2) of the Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “or fails”.

SCHEDULE 10

Ecclesiastical law

1

(1) No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Part of this Act with respect to works.

(2) Sub-paragraph (1) above shall not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.

Overground wires

2

Nothing in the London Overground Wires &c. Act 1933, or in any byelaw made under that Act, shall extend or apply to any wire or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Part of this Act.

London Building Acts (Amendment) Act 1939

3

(1) This paragraph has effect in relation to the London Building Acts (Amendment) Act 1939.

(2) The following provisions, namely—

(a) Part III (construction of buildings and structures generally),

(b) Part IV (construction of special and temporary buildings and structures), and

shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

(3) Sub-paragraph (2) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

(4) No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.

(5) Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to—

(a) anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act, or

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

(6) Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.

Coast works

4

The following provisions of the Coast Protection Act 1949, namely—

(a) section 16(1) (consent of coast protection authority required for carrying out coast protection work),

(b) section 18(1) (prohibition of excavation or removal of materials from seashore), and

shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.

Highways etc.

5

(1) The following enactments, namely—

(a) section 15(1) of the Greater London Council (General Powers) Act 1970, and

(b) section 169(1) of the Highways Act 1980,

(which control obstructions of the highway in connection with works related to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.

(2) Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.

(3) Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

(4) Nothing in section 8(2) to (5) of the Greater London Council (General Powers) Act 1986 (powers of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Part of this Act.

Sites of special scientific interest

6

Section 28I of the Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works, and neither shall the following—

(a) section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;

(b) sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.

Building regulations

7

(1) Nothing in Part I of the Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

(2) Sub-paragraph (1) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

(3) Any building to which sub-paragraph (2) above applies shall be disregarded for the purposes of section 4(1)(b) of the Building Act 1984 (exception for certain buildings belonging to statutory undertakers).

Deposits in the sea

8

(1) Section 5 of the Food and Environment Protection Act 1985 (requirement of licences for deposit of substances and articles in the sea etc.) shall not apply to the deposit of substances and articles within the limits of deviation for Work No. 10, 10R(2), 13 or 22J in exercise of the powers conferred by this Part of this Act in relation to that work, or any work in connection with it.

(2) In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) above shall only apply to deposit in the course of use as a construction material.

London lorries: general

9

(1) This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 10 below or is otherwise expressed to be made in connection with the carrying out of authorised works.

(2) The application shall be granted if the issue of a permit is reasonably required—

(a) for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or

(b) for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.

(3) If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—

(a) in a timely and efficient manner, or

(b) in accordance with approved arrangements.

(4) If the applicant is aggrieved by a decision under sub-paragraph (2) or (3) above, he may appeal to the Secretary of State by giving notice in writing of the appeal to him and the authority whose decision is appealed against within 28 days of notification of the decision.

(5) On an appeal under sub-paragraph (4) above, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.

(6) If on an appeal under sub-paragraph (4) above against a decision under sub-paragraph (3) above the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.

(7) The applicant may not challenge a decision under sub-paragraph (3) above otherwise than by an appeal under sub-paragraph (4) above.

(8) In this paragraph—

“approved arrangements” means arrangements approved for the purposes of any of the following provisions of Schedule 6 to this Act—paragraph 7, so far as relating to item 1 or 6 in the table in that paragraph,paragraph 16, so far as relating to item 5 in the table in that paragraph,paragraph 23, so far as relating to item 5 in the table in that paragraph, andparagraph 25;

“authorised works” means works authorised by this Part of this Act; and

“the London Lorry Ban Order” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.

London lorries: emergency permits

10

(1) This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—

(a) proposed to be undertaken in connection with the carrying out of authorised works, and

(b) for which a permit under the London Lorry Ban Order will be required.

(2) The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.

(3) The details referred to above are—

(a) the identity of the applicant,

(b) a number on which he can be contacted by telephone or by means of facsimile transmission,

(d) the authorised works in connection with which the journey is to be undertaken,

(e) whether any approved arrangements are relevant to the application, and, if so, what they are,

(f) the date when the journey is proposed to be undertaken,

(g) if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.

(4) In this paragraph—

“approved arrangements”, “authorised works” and “the London Lorry Ban Order” have the same meanings as in paragraph 9 above; and

“working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

11

(1) An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.

(2) Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.

(3) A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.

(4) If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—

(a) in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or

(5) The power to make an order under sub-paragraph (2) above includes—

(a) power to make different provision for different cases, and

(b) power to make an order varying or revoking any order previously made under that provision.

(6) In this paragraph—

“the London Lorry Ban Order” has the same meaning as in paragraph 9 above; and

“the Westminster Lorry Ban Order” means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.

Works under streets in Greater London

12

The following provisions of the Greater London Council (General Powers) Act 1986, namely—

(a) section 5(1) (consent of borough council required for demolition of works under a street),

(b) section 6(1) (consent of borough council required for works preventing access to premises under a street), and

shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

Communication with public sewers in London

13

Section 106(8) of the Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving the rail link.

SCHEDULE 11

Notice of removal

1

(1) Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—

(a) publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and

(b) at the same time leave displayed in a conspicuous place on or near the land,

a notice complying with sub-paragraph (2) below.

(2) A notice under sub-paragraph (1) above shall—

(a) identify the land to which it relates,

(b) set out in general terms the effect of paragraphs 2 to 5 below,

(d) state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.

(3) No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—

(a) that the remains were interred more than 100 years ago, and

(b) that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.

(4) No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—

(a) there is in force under section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and

(b) the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.

(5) In sub-paragraph (4)(b) above, “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the Companies Act 1985.

Removal of remains

2

(1) In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—

(a) it receives an application in writing from a relative or personal representative of the deceased, and

(b) the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.

(2) In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—

(a) it receives an application in writing from a relative or personal representative of the deceased, and

(b) the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.

(3) For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.

(4) A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.

(5) The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.

(6) An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.

(7) In this paragraph, references to a relative of the deceased are to a person who—

(a) is a husband, wife, parent, grandparent, child or grandchild of the deceased, or

(b) is, or is a child of, a brother, sister, uncle or aunt of the deceased.

3

(1) In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—

(a) it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or

(b) not more than 28 days have passed since the issue under that provision of such a licence.

(2) In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the Burial Act 1857.

(3) The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.

Removal of monuments

4

(1) Where a licence to remove any remains is issued under paragraph 2(1) or (2) above, the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.

(2) The reasonable costs of removal and re-erection under sub-paragraph (1) above shall be paid by the nominated undertaker.

5

(1) Where the nominated undertaker removes any remains under paragraph 3 above, it may also remove from the land any monument to the deceased.

(2) Where any remains are removed under a licence under paragraph 2(1) or (2) above, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.

(3) Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.

(4) The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.

(5) The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4) above.

Records

6

(1) Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which—

(a) identifies the remains, so far as practicable,

(b) states the date on which, and the place from which, the remains were removed, and

(2) Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal—

(a) deposit with the local authority in whose area the monument was situated prior to the removal a record which—

(i) identifies the monument,

(ii) gives any inscription on it,

(iii) states the date on which and the place from which it was removed, and

(iv) states the place, if any, to which it was moved or how it was disposed of,

and

(b) provide the Registrar General with a copy of the record deposited under paragraph (a) above.

(3) The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2) above.

(4) In sub-paragraph (2)(a) above, “local authority” means a district or London borough council or the Common Council of the City of London.

Supplementary

7

(1) Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee—

(a) its functions under paragraph 3 above with respect to disposal of the remains, and

(b) if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.

(2) The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.

(3) No licence shall be required under section 25 of the Burial Act 1857 for the removal under this Schedule of any remains.

(4) Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.

SCHEDULE 12

Part I — The Authorised Works

Description of works

1

The works which the Secretary of State is authorised by section 44 of this Act to construct are the following—

Interpretation of Part I

2

In paragraph 1 above—

Part II — Interference with Highways and Means of Access

Stopping up of highways

3

(1) Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up—

(a) each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and

(b) any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.

(2) No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.

(3) No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.

(4) On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.

(5) The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

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

Stopping up of private access to premises

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