Crossrail Act 2008

(1)	(2)
Area	No. on deposited plans
City of Westminster	30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691
London Borough of Camden	1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283
London Borough of Islington	1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99
City of London	1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161
London Borough of Tower Hamlets	224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446
London Borough of Newham	8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670
London Borough of Greenwich	3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227
London Borough of Bexley	28, 64 and 68
London Borough of Redbridge	26 and 41
London Borough of Barking & Dagenham	17 and 18
London Borough of Havering	2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194
Borough of Brentwood	24 and 52
District of Basildon	13 and 14
Borough of Slough	14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a
London Borough of Hillingdon	97, 98, 115, 116 and 211b
London Borough of Ealing	9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186

• (3) In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table.

• (4) In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.

• (5) For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).

SCHEDULE 4

Scope of Schedule

1

This Schedule applies to any electric line to which section 37(1) of the Electricity Act 1989 (c. 29) would apply, but for section 4.

Consent requirement

2

• (1) An electric line to which this Schedule applies shall not be installed or kept installed above ground except in accordance with a consent granted by the appropriate Ministers.

• (2) Any person who without reasonable excuse contravenes the provisions of sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) No proceedings shall be instituted in respect of an offence under this paragraph except by or on behalf of the Secretary of State.

Applications for consent

3

• (1) An application for consent under this Schedule shall be in writing and shall state—

• (a) the length of the electric line to which it relates,

• (b) the nominal voltage of that line, and

• (c) whether the application to any extent relates to exercise of the power conferred by paragraph 3 of Schedule 2.

• (2) An application for consent under this Schedule shall be accompanied by a map showing—

• (a) the land across which the electric line to which it relates is to be installed or kept installed, including details of the route of that line,

• (b) the limits of deviation for the scheduled works and the limits of land to be acquired or used, so far as relevant to the application, and

• (c) if the application to any extent relates to exercise of the power conferred by paragraph 3 of Schedule 2, the extent to which it so relates.

4

An application for consent under this Schedule shall be supplemented, if the appropriate Ministers so direct in writing, by such additional information as may be specified in the direction.

Publicity

5

• (1) A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).

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

• (a) describe the route of the electric line to which the application relates,

• (b) specify a place in the locality where a copy of the application may be inspected,

• (c) state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and

• (d) if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b).

• (3) Sub-paragraph (1) shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3 of Schedule 2.

• (4) If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3 of Schedule 2, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2).

• (5) If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1), the appropriate Ministers shall not make any decision about the application until they are satisfied—

• (a) that the applicant has performed his duty under that provision, and

• (b) that the time allowed by the notice under that provision for making objections to the application has expired.

Consultation

6

• (1) Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decisions about the application until—

• (a) they have received representations from the authority about it,

• (b) they have been informed by the authority that it does not wish to make any representations about it, or

• (c) 28 days have elapsed since the date of the invitation.

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

• (3) For the purposes of this paragraph, the relevant planning authority is—

• (a) in the case of a line in the area of a unitary authority, the local planning authority, and

• (b) in the case of a line not in the area of a unitary authority, the district planning authority.

7

• (1) If the appropriate Ministers consider that an application for consent under 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,

they shall, within 14 days of receiving the application, also invite the appropriate body or bodies to make representations.

• (2) Where under sub-paragraph (1) the appropriate Ministers have invited a body to make representations about an application for consent under this Schedule, they shall not make any decision about the application until—

• (a) they have received representations from the body about the request,

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

• (c) 14 days have elapsed since the date of the invitation.

• (3) An invitation under sub-paragraph (1) 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.	Natural England.
Sites of archaeological or historic interest.	The Historic Buildings and Monuments Commission for England.

Grant of consent

8

• (1) This paragraph applies to an application for consent under this Schedule by the nominated undertaker.

• (2) An application to which this paragraph applies may only be refused—

• (a) to the extent that it relates to exercise of the power conferred by paragraph 3 of Schedule 2, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits specified, in relation to the diversion concerned, in the third column of the table in paragraph 3 of Schedule 2, and

• (b) to the extent that it does not relate to the exercise of that power, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

9

A consent under this Schedule may include such conditions (including conditions as to the ownership and operation of the electric line to which it relates) as appear to the appropriate Ministers to be appropriate.

Variation and revocation of consent

10

• (1) A consent under this Schedule may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent.

• (2) The period which may be specified under sub-paragraph (1) shall not be less than 10 years from the date of installation of the electric line to which the consent relates.

Duration of consent

11

Subject to paragraph 10, a consent under this Schedule shall continue in force for such period as may be specified in or determined by or under the consent.

Interpretation

12

In this Schedule, references to the appropriate Ministers are to the Secretary of State for Energy Security and Net Zero and the Secretary of State for Transport acting jointly.

SCHEDULE 5

Occupation and use for construction of works

1

• (1) The nominated undertaker may, in connection with the construction of the works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with those works)—

• (a) enter upon and take possession of the land specified in relation to those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and

• (b) for such purposes as are so specified—

• (i) remove from the land any structure or vegetation, and

• (ii) construct on the land temporary works (including the provision of means of access) and structures.

(1)	(2)	(3)	(4)
Works	Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken
1/3A and 1/3B	City of Westminster	217	The provision of a working site.
1/3A and 1/3B		451	The provision of a working site.
1/3A and 1/3B		692	The provision of a working site.
1/9D		30c	The provision of a working site.
1/3A and 1/3B	City of London	104a and 104b	The provision of a working site.
1/3A and 1/3B		104c	The provision of a working site.
Proposed Whitechapel Station comprised in Works Nos. 1/3A and 1/3B	London Borough of Tower Hamlets	245b	The provision of access for construction.
Any of the works authorised by this Act	London Borough of Tower Hamlets	972 and 976	The provision of access and a working site.
Any of the works authorised by this Act		753, 774, 775, 788, 789 and 796	The provision of access and barge loading facilities.
1/7, 1/33A and 1/33B	London Borough of Greenwich	160, 165 and 170	The provision of a working site.
Any of the works authorised by this Act	London Borough of Bexley	83a	The provision of a working site.
The provision of overhead electrification equipment and works to Maidenhead Bridge	Royal Borough of Windsor & Maidenhead	62 and 72	The provision of a working site and access for construction.
3/3A	Borough of Slough	81	The provision of access and a working site.
3/6		172 and 173	The provision of a working site.
3/7A and 3/7B		187	The provision of a working site.
The provision and renewal of railway systems and station facilities for operational purposes (Ealing Broadway Station)	London Borough of Ealing	111	The provision of a working site.

• (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 works specified in relation to the land in column (1) of the table in sub-paragraph (1) 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 power or powers conferred by this paragraph.

• (5) Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

• (6) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4).

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

2

• (1) Before giving up possession of land of which possession has been taken under paragraph 1, 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, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the works specified in relation to the land in column (1) of the table in paragraph 1(1), the scheme shall be such as may be determined by the appropriate Ministers 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) 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) shall not provide for the nominated undertaker to replace any structure removed under paragraph 1, other than a fence.

• (5) Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they 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) 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).

• (8) In this paragraph—

• “appropriate Ministers” means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport acting jointly;

• “relevant planning authority” means—in relation to land in the area of a unitary authority, the local planning authority;in relation to land not in the area of a unitary authority, the district planning authority;

• “structure” includes any erection.

3

• (1) The nominated undertaker may use any road situated on land specified in the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the works authorised by this Act.

• (2) The nominated undertaker shall compensate the person having the management of a road to which sub-paragraph (1) applies for any loss which he may suffer by reason of the exercise of the power conferred by that sub-paragraph.

• (3) Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Occupation and use for maintenance of works

4

• (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) shall not authorise the nominated undertaker to take possession of—

• (a) a house, any other structure which is for the time being occupied, or a garden belonging to a house,

• (b) land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule 6, or

• (c) such of the land specified in columns (1) and (2) of the table in paragraph 10 of Schedule 6 as falls outside the description specified in relation to it in column (3) of the table.

• (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), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 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 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6).

• (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;

• (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

5

• (1) Subject to sub-paragraph (2), 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) The nominated undertaker may, in relation to a right of way, by direction provide—

• (a) that sub-paragraph (1) shall not apply to the right, or

• (b) that sub-paragraph (1) shall apply to the right only to such extent as may be specified in the direction.

• (3) The nominated undertaker shall compensate any person who suffers loss by reason of the suspension of any right under sub-paragraph (1).

• (4) Any dispute as to a person's entitlement to compensation under sub-paragraph (3), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Enforcement

6

Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if—

• (a) references to the acquiring authority were references to the nominated undertaker,

• (b) references to compensation payable to the person refusing to give possession were references to compensation payable under this Schedule, and

• (c) in subsection (1) for “this Act” there were substituted “ Schedule 5 to the Crossrail Act 2008” ”.

SCHEDULE 6

Part 1 — Purposes for which certain land may be acquired

Part 2 — Application of legislation relating to compulsory purchase

Lands Clauses Consolidation Act 1845

1

The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the acquisition of land under section 6(1) above.

Compulsory Purchase Act 1965

2

Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent with this Act, shall apply to an acquisition of land under section 6(1) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase order under that Act.

3

• (1) In its application by virtue of paragraph 2, the Compulsory Purchase Act 1965 shall have effect with the following modifications.

• (2) Section 4 (time for exercise of powers of compulsory purchase) shall be omitted.

• (3) Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) shall have effect—

• (a) in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “ one month's ”, and

• (b) in any other case, with the substitution for “fourteen days” of “ three months' ”.

• (4) In section 22(2) (expiry of time limit for exercise of power of compulsory acquisition not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” there shall be substituted “ section 6(6) of the Crossrail Act 2008 ”.

• (5) In Schedule 3 (alternative procedures for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4

The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall apply as if this Act were a compulsory purchase order.

5

• (1) In its application by virtue of paragraph 4, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.

• (2) In section 3 (preliminary notices) for subsection (1) there shall be substituted—

(1) Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is— (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and (b) published in the London Gazette.

• (3) In that section, in subsection (2), for “(1)(b)” there shall be substituted “ (1) ”.

• (4) In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—

(7) For the purposes of this section, a person has a relevant interest in land if— (a) he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or (b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

• (5) In section 5 (earliest date for execution of declaration)—

• (a) in subsection (1), after “publication” there shall be inserted “ in the London Gazette ”, and

• (b) subsection (2) shall be omitted.

• (6) References to the Compulsory Purchase Act 1965 (c. 56) shall be construed as references to that Act as applied to the acquisition of land under section 6(1).

Part 3 — Supplementary provisions

Acquisition of new rights

6

• (1) The power conferred by section 6(1) shall include power to create and acquire such easements or other rights over land to which the power relates as may be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

• (2) Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 6(1), and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1)—

• (a) with the modifications specified in paragraph 7, and

• (b) with such other modifications as may be necessary.

7

• (1) The modifications referred to in paragraph 6(2)(a) are as follows.

• (2) For section 7 of the Compulsory Purchase Act 1965 there shall be substituted—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (3) In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—

(1) This subsection applies where— (a) a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) has been served on a person under section 5 of this Act, (b) in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Upper Tribunal, and (c) before the Upper Tribunal has determined that question, the person on whom the notice has been served satisfies the Upper Tribunal that the relevant conditions are met. (1A) The relevant conditions are— (a) that he has an interest which he is able and willing to sell in the whole of the relevant land; (b) where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and (c) where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house. (1B) Where subsection (1) above applies— (a) the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served— (i) cease to authorise the purchase of the right to which the notice relates, and (ii) be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and (b) the notice to treat shall be deemed to have been served in respect of that interest on such date as the Upper Tribunal directs. (1C) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Upper Tribunal. (1D) Where the Upper Tribunal determines that the person on whom a notice to treat has been served has satisfied the Upper Tribunal as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination. (1E) Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.

• (4) The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely—

• section 9(4) (failure of owners to convey),

• paragraph 10(3) of Schedule 1 (owners under incapacity),

• paragraph 2(3) of Schedule 2 (absent and untraced owners), and

• paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

• (5) Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of that Act shall be modified correspondingly.

• (6) Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land, but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

• (7) Section 22 of that Act (protection of acquiring authority's possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

• (8) References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or

• (b) the land over which the right is, or is to be, exercisable.

• (9) In the Land Compensation Act 1973 (c. 26), for section 44 there shall be substituted—

(44) (1) Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable. (2) In this section, “compensation for injurious affection” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008.

• (10) For section 58 of that Act there shall be substituted—

(58) (1) Subsection (2) applies where the Upper Tribunal is determining under section 8(1)(c) of the Compulsory Purchase Act 1965, as applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008, whether— (a) a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or (b) a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house. (2) The Tribunal shall take into account, not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden, but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Limitation of power of acquisition to rights only

8

In the case of land specified in the following table, the power conferred by section 6(1) shall be exercisable only in relation to the creation and acquisition of easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction or maintenance of the works authorised by this Act.

9

In the case of land specified in the following table, the power conferred by section 6(1) shall be exercisable only in relation to—

• (a) the creation and acquisition of easements or other rights over land for access to an existing railway, and

• (b) where the land is comprised in an existing railway, the creation and acquisition of easements or other rights over land for the passage of trains, including locomotives and other vehicles carried on flanged wheels, together with easements and other rights ancillary thereto.

(1)	(2)
Area	No. on deposited plans
London Borough of Hillingdon	260 to 325

Limitation of power of acquisition to land of specified description

10

In the case of land specified in columns (1) and (2) of the following table, the power conferred by section 6(1) shall be exercisable only in relation to so much of the land as falls within the description specified in relation to it in column (3) of the table—

Acquisition of subsoil

11

• (1) In the case of land specified in the following table, the power conferred by section 6(1) shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

(1)	(2)
Area	No. on deposited plans
City of Westminster	104, 107, 109, 135 to 204, 208, 211, 212, 219 to 310, 312 to 322, 326b, 326e, 330 to 338, 344 to 351, 352 to 415, 418, 424, 425 to 428, 430 to 435, 441 to 446, 451, 452, 456 to 547, 552 to 565, 588 to 594, 596, 597, 601 to 611, 613 to 642, 649 to 658, 663 to 665, 667 to 672, 675 and 677 to 683
London Borough of Camden	17 to 29, 33 to 139, 144, 145, 149 to 152, 156 to 278 and 280
London Borough of Islington	2, 18, 20, 27, 28, 30 to 33, 35 to 82 and 86 to 88
City of London	39 to 41, 44 to 48, 51, 56 to 59, 61 to 70, 78, 94, 95, 98 to 100, 106, 107, 109 to 112, 118, 126 to 132, 137, 140, 152 to 158, 162 and 165 to 208
London Borough of Tower Hamlets	1 to 157, 159, 160, 164, 166, 167, 170 to 223, 226 to 239, 241, 242, 268, 274, 276, 278, 282, 283, 285, 286, 291, 296 to 387, 401, 402, 404 to 574, 589, 591 to 629, 631 to 663, 665 to 677, 680 to 698, 701, 702, 704, 705, 708, 711, 778 to 787, 791 to 793, 795, 797 to 806, 812 to 819, 823 to 843, 845 to 847, 849 to 864, 989, 992, 994 to 1134, 1136 to 1139, 1141, 1149, 1153, 1156 to 1223, 1225, 1226, 1228, 1230, 1231, 1233, 1234, 1236, 1237, 1240, 1241, 1244 to 1246, 1254, 1256, 1259 to 1263, 1265, 1266, 1268 to 1270, 1272 to 1274, 1276 to 1285, 1287, 1288 to 1293, 1296 to 1306, 1308, 1310 to 1312, 1315 to 1317, 1319 to 1329, 1331, 1331a, 1332, 1333, 1333a, 1335, 1335a, 1336, 1336a, 1337, 1338, 1338a, 1339, 1341, 1341a, 1342, 1344, 1345, 1346, 1346a, 1347 to 1369, 1369a, 1370, 1370a, 1371 to 1374, 1374a, 1375 to 1378, 1380, 1381, 1383 to 1388, 1390 to 1395, 1398 to 1402, 1404, 1405, 1407, 1408, 1414 to 1420, 1425 to 1439 and 1441
London Borough of Newham	1, 11 to 41, 43, 44, 214, 218, 256, 280, 283 to 287, 289 to 292
London Borough of Greenwich	1, 2, 6, 8 to 10, 12 to 14, 16 to 29, 49a, 51a, 52a, 53a, 54a, 55a, 56a, 57a, 58a, 59a, 59b, 59c, 59d, 59e, 88a, 93a, 93b, 93c, 93d and 93e

• (2) In the case of any other land, the power conferred by section 6(1) shall, subject to paragraph 10, be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

• (3) The following shall not apply where the power conferred by section 6(1) is exercised in relation to the subsoil or under-surface of land only—

• (a) section 8(1) of the Compulsory Purchase Act 1965 (c. 56) (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house);

• (b) Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (corresponding provision in case of general vesting declaration).

Limitation of power of acquisition in relation to land not more than 9 metres below the surface

12

In the case of land specified in the following table, the power conferred by section 6(1), so far as relating to so much of the land as does not lie more than 9 metres beneath the level of its surface, shall be exercisable only in relation to the creation and acquisition of easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction or maintenance of the works authorised by this Act.

Extension of power to acquire new rights

13

• (1) The Secretary of State may by order provide that section 6(1), so far as relating to acquisition by virtue of paragraph 6(1), shall be treated as also authorising acquisition by such person as may be specified in the order.

• (2) The power to make an order under sub-paragraph (1) includes power to make an order varying or revoking any order previously made under that provision.

Acquisition of part only of certain properties

14

• (1) Where—

• (a) a notice to treat under Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 6(1), is served in respect of land forming part only of a house, building or manufactory or part only of land consisting of a house with a park or garden, and

• (b) a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraphs 15 and 16, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.

• (2) The person on whom the notice to treat is served (“the owner”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“the land subject to the notice to treat”) and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).

• (3) If no counter-notice is served under sub-paragraph (2), the owner shall be required to sell the land subject to the notice to treat.

• (4) If a counter-notice is served under sub-paragraph (2) and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

• (5) If a counter-notice is served under sub-paragraph (2) and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the Upper Tribunal.

15

• (1) If, on a reference under paragraph 14(5), the Upper Tribunal determines that the land subject to the notice to treat can be taken—

• (a) without material detriment to the remainder of the land subject to the counter-notice, and

• (b) where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the house to which the garden only land belongs,

the owner shall be required to sell the land subject to the notice to treat.

• (2) If, on such a reference, the Upper Tribunal determines that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (1), the notice to treat shall, subject to sub-paragraph (3), be deemed to be a notice to treat for that part.

• (3) Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (2) shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Upper Tribunal determines that that land can be taken without seriously affecting the amenity and convenience of the house to which the garden only land belongs.

• (4) If, on such a reference, the Upper Tribunal determines—

• (a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

• (b) that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (5) applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

• (5) If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Upper Tribunal determines on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the house to which the garden only land belongs, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

• (6) If, on such a reference, the Upper Tribunal determines—

• (a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

• (b) that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

• (7) For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if—

• (a) it consists of the whole or part of a park or garden belonging to a house, or

• (b) it includes the whole or part of such a park or garden but does not include the house or any part of it.

16

• (1) Where under paragraph 15 a notice to treat is deemed by virtue of a determination of the Upper Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

• (2) If the Secretary of State withdraws a notice to treat under sub-paragraph (1), he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the Upper Tribunal.

• (3) Where under paragraph 14 or 15 a person is required to sell part only of a house, building or manufactory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.

• (4) A notice to treat shall have the effect which it is deemed to have under paragraph 14(4) or 15(4), (5) or (6) whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Act.

Minerals

17

• (1) Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 6(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

• (2) In their application by virtue of sub-paragraph (1), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—

• (a) references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and

• (b) references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Act to carry on.

Power to require acquisition where time limit extended

18

• (1) If the Secretary of State makes an order under section 6(7), the following provisions shall have effect as from the coming into operation of the order.

• (2) If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—

• (a) enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,

• (b) exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or

• (c) serve on him notice in writing of the Secretary of State's intention not to proceed with the purchase of his interest in any of the land specified in the notice.

• (3) Where a person gives the Secretary of State notice under sub-paragraph (2) and the Secretary of State—

• (a) fails to comply with the requirements of that sub-paragraph,

• (b) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

• (c) serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person's interest in any of the land specified in the notice under sub-paragraph (2).

• (4) Where—

• (a) a person gives the Secretary of State notice under sub-paragraph (2), and

• (b) the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person's interest in some, but not all, of the land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person's interest in the remainder of that land.

• (5) References in this paragraph to the relevant powers of compulsory acquisition are to—

• (a) the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), and

• (b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), as applied by paragraph 4 above.

• (6) In this paragraph—

• “lessee” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2);

• “owner”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion.

19

Paragraph 18 shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land.

Compensation

20

Section 4 of the Acquisition of Land Act 1981 (c. 67) (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act.

SCHEDULE 7

Part 1 — 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) 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), 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) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In sub-paragraph (4), 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), 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 2 or 3 in relation to giving of approval or would have such functions were it specified under sub-paragraph (1).

Transition

2

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

• (2) Without prejudice to the generality of sub-paragraph (1), 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).

Part 2 — Development in the area of a unitary authority

Introductory

3

This Part has effect in relation to development in the area of a unitary authority.

Planning regimes

4

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

• (2) For the purposes of sub-paragraph (1), development is relevant development to the extent that it consists of or includes the erection, construction, alteration or extension of any building.

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

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

Conditions: non-qualifying authority

5

• (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), the plans and specifications in accordance with which the development is required under sub-paragraph (1) 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.

Conditions: qualifying authority

6

• (1) To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), 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 there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

• (3) Where the local planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) 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 column (1) of the following table is a ground specified in relation to it in column (2) of the table.

(1)	(2)
Operation or work	Grounds
1. Construction worksThe erection, construction, alteration or extension of any building (except for anything within (b) or (c) or item 2 or 4) or road vehicle park.The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.The erection, construction, alteration of 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—to preserve the local environment or local amenity,to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, orto 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 Act.
2. Minor construction worksThe erection, construction, alteration or extension of any transformers, electronic communications masts or pedestrian accesses to railway lines.	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 wallsThe erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)).	That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
4. Artificial lightingThe 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 Act.
5. Waste and spoil disposalThe disposal of waste or spoil.	That—the design or external appearance of disposal sites on land within the relevant limits,the methods by which such sites are worked, orthe noise, dust, vibration or screening arrangements during the operation of such sites,ought to be modified, and are reasonably capable of being modified.That—to preserve the local environment or local amenity,to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, orto 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.
6. Borrow pitsThe excavation of bulk materials from borrow pits.	That—the design or external appearance of borrow pits on land within the relevant limits,the methods by which such pits are worked, orthe noise, dust, vibration or screening arrangements during the operation of such pits,ought to be modified, and are reasonably capable of being modified.That—to preserve the local environment or local amenity,to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, orto 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.

• (5) In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work.

• (6) In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to it in column (2) of the table 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 1 of Schedule 6 for a purpose specified in relation to the land in column (3) of that Part.

• (7) Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.

• (8) Sub-paragraph (4) (as it has effect with sub-paragraphs (5) to (7)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

7

• (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 column (1) of the table in sub-paragraph (2).

• (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 column (1) of 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 column (2) of the table.

(1)	(2)
Matters	Grounds
1. Road transportRoutes 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—to preserve the local environment, local amenity or a site or archaeological or historic interest or nature conservation value, orto 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 soilHandling 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.
3. Storage sitesSites on land within the relevant limits at which—minerals, aggregates or other construction materials required for the development, orspoil 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—to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, orto 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 campsSites 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. ScreeningProvision 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. Artificial lightingThe use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
7. Suppression of dustThe suppression of dust caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.	As item 6.
8. Mud on highwayMeasures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying out the development.	That the arrangements ought to be modified—to preserve the local environment or local amenity, orto 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) No arrangements for the purposes of sub-paragraph (1) shall be required—

• (a) in relation to transportation on a special road or trunk road, or

• (b) in relation to transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

• (4) In sub-paragraph (1), the reference to arrangements, in relation to item 6 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

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

8

• (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) applies.

• (4) In sub-paragraph (1), 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, except for—

• (i) a station, or

• (ii) so much of any work constructed in a tunnel as is at least 9 metres below the surface of the land in which it is constructed, and

• (b) any depot constructed, in exercise of the powers conferred by this Act, 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) 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) 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.

10

Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b), 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) within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the appropriate Ministers may determine after consultation with the nominated undertaker and the local planning authority.

• (4) Where, independently of any consultation under sub-paragraph (3), the appropriate Ministers ask the local planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (3), they 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) shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 applies.

• (6) Sub-paragraph (2) 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.

• (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 3 — Development not in the area of a unitary authority

Introductory

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