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High Speed Rail (West Midlands - Crewe) Act 2021

Type Public General Act

Publication 2021-02-11

Last updated 2024-10-30

State In force

Department Statute Law Database

Source legislation.gov.uk

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(b) other public rights over land which are conferred by an enactment, and

(c) rights exercisable as a result of trusts, or incidents, to which a common, town or village green, open space or allotment is subject.

Enforcement

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

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

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

(c) in subsection (1), for “this Act” there were substituted “ Schedule 15 to the High Speed Rail (West Midlands - Crewe) Act 2021 ”.

(2) In the case of Crown land, that section does not, by virtue of sub-paragraph (1), apply as against the Crown authority for that land.

SCHEDULE 16

SCHEDULE 17

PART 1 — Conditions

Introductory

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The requirements in paragraphs 2 to 12 are conditions of deemed planning permission under section 17(1).

Condition relating to building works

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(1) To the extent that development consists of building works, it must be carried out in accordance with plans and specifications for the time being approved by the relevant planning authority.

(2) In this paragraph “relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(3) The relevant 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 building works to be submitted for approval.

(4) Where the relevant planning authority exercises the power conferred under sub-paragraph (3), the plans and specifications referred to in sub-paragraph (1) must, as regards the specified respect, include a plan or specification showing the additional details.

(5) If the relevant planning authority is a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that—

(a) the design or external appearance of the building works ought to be modified—

(i) to preserve the local environment or local amenity,

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

(iii) to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified, or

(b) the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(6) If the relevant planning authority is not a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that—

(a) the design or external appearance of the building works ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified, or

(b) the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(7) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground referred to in sub-paragraph (5) or (6) (as the case may be).

(8) In this paragraph, “building works” means the erection, construction, alteration or extension of any building, other than a temporary building.

(9) For these purposes, a building ancillary to a scheduled work is only a temporary building 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.

(10) The requirements in this paragraph do not apply to building works to the extent that they are ancillary to development consisting of—

(a) the disposal of waste or spoil, or

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

(See paragraph 7 as to such development.)

Condition relating to other construction works

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(1) If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority.

(2) This paragraph applies to development to the extent that it consists of the construction of any of the following—

(a) a road vehicle park;

(b) earthworks;

(d) transformers, telecommunications masts or pedestrian accesses to railway lines;

(e) fences or walls;

(f) lighting equipment.

(3) In this paragraph “relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(4) The relevant 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).

(5) Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details.

(6) The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in relation to the work in question in the following table.

Development	Possible grounds for refusal of approval
1. A road vehicle park.	That the design or external appearance of the works ought to, and could reasonably, 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.
1. A road vehicle park.	That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
2. Earthworks.3. Sight, noise or dust screens.	That the design or external appearance of the works ought to, and could reasonably, 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.
2. Earthworks.3. Sight, noise or dust screens.	If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
4. Transformers, telecommunications masts or pedestrian accesses to railway lines.	That the design or external appearance of the works ought to, and could reasonably, be modified to preserve the local environment or local amenity.
4. Transformers, telecommunications masts or pedestrian accesses to railway lines.	That the development ought to, and could reasonably, be carried out on land elsewhere within the development's permitted limits.
5. Fences and walls (except for sight, noise and dust screens).	That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
6. Artificial lighting equipment.	That the design of the equipment, with respect to the emission of light, ought to, and could reasonably, be modified to preserve the local environment or local amenity.
6. Artificial lighting equipment.	If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(7) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground specified in the table in sub-paragraph (6) in relation to the work in question.

(8) Any reference in sub-paragraph (2) or (6) to a description of works does not include works of that description of a temporary nature.

(9) In this paragraph—

“construction” includes erection, alteration, extension and (in the case of lighting equipment) installation;

“earthworks” means terracing, cuttings, embankments or other earth works;

“road vehicle park” does not include anything which is a building;

“sight, noise or dust screens” means any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

(10) The requirements in this paragraph do not apply where development to which this paragraph applies is ancillary to development consisting of—

(a) the disposal of waste or spoil, or

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

(See paragraph 7 as to such development.)

Condition relating to matters ancillary to development

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(1) If the relevant planning authority is a qualifying authority, development must be carried out in accordance with arrangements about ancillary matters which have been approved by that authority.

(2) In this paragraph “ancillary matters” means—

(a) handling of re-useable spoil or topsoil;

(b) storage sites for construction materials, spoil or topsoil;

(d) works screening;

(e) artificial lighting;

(f) dust suppression;

(g) road mud control measures.

(3) In this paragraph, “relevant planning authority” means, subject to sub-paragraph (4), the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(4) Where the development is in a non-unitary area and consists of the disposal of waste or spoil or the excavation of bulk material from borrow pits, the relevant planning authority in respect of arrangements relating to ancillary matters is the county council.

(5) The reference in sub-paragraph (1) to arrangements does not, in the case of artificial lighting, include detailed arrangements.

(6) The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph—

(a) on the ground 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 development which has deemed planning permission under section 17(1) and which is to be carried out in the authority's area, or

(b) on a ground specified in relation to the matter in the following table.

Matters	Grounds
1. Handling of re-useable spoil and topsoil	That the arrangements ought to be modified to ensure that the spoil or topsoil remains in good condition, and are reasonably capable of being so modified.
2. Storage sites for construction materials, spoil or topsoil.3. Construction camps.4. Works screening.	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.
5. Artificial lighting.6 Dust suppression.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
7. Road mud control measures.	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.

(7) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) on a ground specified in the table in sub-paragraph (6)(b) in relation to the matter in question.

(8) In this paragraph—

“artificial lighting” means the use of artificial lighting on land within the Act limits for the purpose of carrying out the development;

“construction camps” means sites on land within the Act limits which are to be used for the residential accommodation of persons engaged in carrying out the development;

“construction materials” means minerals, aggregates or other construction materials required for the development;

“dust suppression” means the suppression of dust caused by construction operations carried out on land within the Act limits for the purpose of carrying out the development;

“handling of re-useable spoil and topsoil” means handling during removal, storage and re-use of any spoil or topsoil removed during the course of carrying out the development;

“road mud control measures” means measures to be taken on land within the Act limits to prevent or reduce the carrying of mud on to any public highway as a result of carrying out the development;

“storage sites” means sites on land within the Act limits at which materials are to be stored until used or re-used in carrying out the development or disposed of as waste;

“works screening” means the provision where necessary on land within the Act limits of any screening for working sites on such land required for the purpose of carrying out the development.

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(1) The Secretary of State may for the purposes of paragraph 4 make a class approval of arrangements relating to the ancillary matters referred to in paragraph 4(2)(a), (b) and (d) to (g).

(2) A class approval may be made—

(a) generally or in relation to specific areas or specific descriptions of works, and

(b) subject to conditions.

(3) A class approval may make different provision for different cases.

(4) Before making a class approval the Secretary of State must consult the planning authorities who would be affected by it.

(5) Where arrangements made by the nominated undertaker are approved under a class approval, they do not require the approval of the relevant planning authority under paragraph 4.

(6) But the nominated undertaker may in the case of any particular arrangements request approval under paragraph 4.

(7) If the relevant planning authority to which such a request is made considers that the circumstances of the case justify it, the authority may grant approval under paragraph 4 (and, accordingly, the arrangements are subject to that approval instead of the class approval).

(8) A class approval may be varied or revoked.

Condition relating to road transport

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(1) Where—

(a) the relevant planning authority is a qualifying authority, and

(b) development consists of the use of an authorised site,

arrangements relating to the routes by which anything is to be transported to the site on a highway by a large goods vehicle must be approved by the relevant planning authority.

(2) In this paragraph, “authorised site” means—

(a) a working or storage site,

(b) a site where anything transported to the site will be re-used, or

(3) Where a route to an authorised site includes a special road or trunk road, sub-paragraph (1) requires arrangements to be approved only in relation to transportation on so much of the route as lies between (but does not include) the site and—

(a) the special road or trunk road, or

(b) where the route includes more than one special road or trunk road, the last such road before reaching the site.

(4) In this paragraph “relevant planning authority” means the unitary authority or, in a non-unitary area, the county council in whose area the development is carried out.

(5) The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph on the ground that—

(a) 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 development which has deemed planning permission under section 17(1) and which is to be carried out in the authority's area, or

(b) the arrangements ought to be modified—

(i) to preserve the local environment or local amenity,

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

(iii) to preserve a site of archaeological or historic interest or nature conservation value,

and are reasonably capable of being so modified.

(6) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) on the ground referred to in sub-paragraph (5)(b).

(7) Sub-paragraph (1) does not require arrangements to be approved in relation to transportation to an authorised site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

(8) In this paragraph—

“large goods vehicle” has the same meaning as in Part 4 of the Road Traffic Act 1988;

“special road” and “trunk road” have the same meaning as in the Highways Act 1980.

Conditions relating to waste and spoil disposal and excavation

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(1) If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority.

(2) This paragraph applies to development to the extent that it consists of—

(a) the disposal of waste or spoil, or

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

(3) In this paragraph “relevant planning authority” means the unitary authority or, in a non-unitary area, the county council in whose area the development is carried out.

(4) The relevant 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).

(5) Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details.

(6) The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in sub-paragraph (7) or (8).

(7) The grounds in this sub-paragraph are that—

(a) the design or external appearance of disposal sites (in the case of the disposal of waste or spoil) or borrow pits (in the case of excavation of bulk material from such pits) on land within the Act limits,

(b) the methods by which such sites or pits are worked, or

ought to, and could reasonably, be modified.

(8) The grounds in this sub-paragraph are that in order to—

(a) preserve the local environment or local amenity,

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

the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

(9) The grounds in sub-paragraph (8) do not apply where the development is—

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

(b) consists of the use of land specified in columns (1) and (2) of the table in Schedule 6 for a purpose specified in relation to the land in column (3) of that table.

(10) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) on a ground referred to in sub-paragraph (7) or (8) (taken with sub-paragraph (9)).

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(1) If the relevant planning authority is a qualifying authority, development to which paragraph 7 applies may not be begun unless the authority has approved a scheme for the restoration of the land on which the development is to be carried out.

(2) In this paragraph “relevant planning authority” has the same meaning as in paragraph 7.

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

(4) The nominated undertaker must 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 the development to which paragraph 7 applies.

(5) 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.

Conditions on bringing scheduled works and depots into use

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(1) If the relevant planning authority is a qualifying authority, no work to which this paragraph applies may be brought into use without the approval of that authority.

(2) This paragraph applies to—

(a) any scheduled work, except to the extent that the work is underground, and

(b) any depot constructed, in exercise of the powers conferred under 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) In this paragraph “relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the work is carried out.

(4) The relevant planning authority must grant approval for the purposes of this paragraph 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.

(5) The relevant planning authority may not refuse to approve, or impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (4)(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

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

(6) In this paragraph “railway vehicle” and “track” have the same meaning as in Part 1 of the Railways Act 1993.

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Where the relevant planning authority approves a scheme for the purposes of paragraph 9(4)(b), the nominated undertaker must—

(a) carry out the scheme, and

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

Condition relating to discontinuation of ancillary operations

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Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, the operations must be discontinued as soon as reasonably practicable after the completion of the scheduled work or works.

Condition relating to site restoration

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(1) The nominated undertaker must, after 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 relevant planning authority.

(2) In this paragraph “relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the work is carried out.

(3) For the purposes of sub-paragraph (1) the nominated undertaker must, within four months of the discontinuation of the use, submit a proposed scheme to the relevant planning authority.

(4) If—

(a) the nominated undertaker fails to submit a proposed scheme in accordance with sub-paragraph (3), or

(b) the nominated undertaker submits a proposed scheme in accordance with sub-paragraph (3) but no scheme is agreed for the purposes of sub-paragraph (1) before the end of the relevant period,

the scheme for the purposes of sub-paragraph (1) is to be such as the appropriate Ministers may determine after consulting the nominated undertaker and the relevant planning authority.

(5) In sub-paragraph (4)(b) “the relevant period” means—

(a) eight weeks beginning with the date on which the proposed scheme is submitted, or

(b) such longer period as the nominated undertaker and the relevant planning authority may agree.

(6) A scheme agreed or determined for the purposes of sub-paragraph (1) may reserve particulars for subsequent agreement between the nominated undertaker and the relevant planning authority.

(7) Where a particular reserved under sub-paragraph (6) is not agreed—

(a) by the time specified by or determined in accordance with the scheme, or

(b) by such later time as the nominated undertaker and the relevant planning authority may agree,

that particular is to be determined by the appropriate Ministers after consulting the nominated undertaker and the authority.

(8) Where, independently of any consultation under sub-paragraph (4) or (7), the appropriate Ministers ask the relevant planning authority for assistance in connection with their function under the sub-paragraph in question, they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which the authority reasonably incurs in meeting the request.

(9) Sub-paragraph (1) does not apply to a site—

(a) to the extent that the site consists of land to which a scheme under paragraph 8 (waste or spoil etc) applies, or

(b) in relation to which the nominated undertaker is subject to an obligation under paragraph 5(1) of Schedule 15 (obligation to put land into such condition as an agreed scheme provides, before giving up possession of the land).

PART 2 — Qualifying authorities

Specification of qualifying authorities

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(1) As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, the Secretary of State must by regulations specify every planning 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 the Secretary of State undertakings with respect to the handling of planning matters arising under this Schedule which he or she 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 or she considers it expedient to do so, by regulations provide that an authority is to cease to be a qualifying authority for the purposes of this Schedule.

(4) If, in relation to a planning 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, the Secretary of State may by regulations provide that the authority is to be a qualifying authority for the purposes of this Schedule.

(5) 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.

(6) Before making regulations under sub-paragraph (3) or (4), the Secretary of State must consult—

(a) the nominated undertaker, and

(b) unless the authority concerned has requested the making of the regulations, that authority.

Transition

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(1) Regulations under paragraph 13 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 of the authority becoming or ceasing to be a qualifying authority in relation to an approval which has already been requested or given.

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

PART 3 — Approvals: supplementary

Requests for planning approval

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A planning authority may only grant approval under Part 1 of this Schedule at the request of the nominated undertaker.

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(1) A planning authority need not consider a request for approval under Part 1 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 Act.

(2) Sub-paragraph (1) does not apply to a request for approval of additional details.

Fees for requests for approval

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(1) The appropriate Ministers may by regulations make provision about fees for requests to a planning authority for approval under Part 1 of this Schedule.

(2) Regulations under this paragraph may, in particular, make provision—

(a) for the payment of a fee and for the amount of a fee;

(b) about when a fee must be paid;

(d) for the remission or refunding of a fee in whole or part;

(e) about the consequences of non-payment of a fee, including provision for the termination of the application concerned or any appeal against its refusal;

(f) for the resolution of disputes.

(3) Regulations under this paragraph may make such supplementary, incidental or consequential provision as the appropriate Ministers think fit.

(4) Nothing in regulations under section 303 of TCPA 1990 (fees for planning applications) applies to a request for approval under Part 1 of this Schedule.

Consultation on requests for approval

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(1) This paragraph applies where a planning authority considers that a request for approval under Part 1 of this Schedule relates to matters which may affect any of the following—

(a) nature conservation,

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

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

(e) the use of inland or coastal waters, or land associated with them, for recreational purposes, or

(f) a site of archaeological or historic interest.

(2) The planning authority must, within 5 days of receiving the request, invite the appropriate body or bodies to make representations.

(3) The appropriate body is—

(a) for the matters in sub-paragraph (1)(a) and (b), Natural England,

(b) for the matters in sub-paragraph (1)(c) and (e), Canal & River Trust so far as the matters relate to inland waters owned or managed by the Trust or land associated with such waters,

(d) for the matter in sub-paragraph (1)(d), the Environment Agency, and

(e) for the matter in sub-paragraph (1)(f), the Historic Buildings and Monuments Commission for England.

(4) Where under sub-paragraph (2) a planning authority has invited a body to make representations about a request for approval under Part 1 of this Schedule, it must 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, or

(5) An invitation under sub-paragraph (2) must specify the time limit for making representations.

Directions restricting powers of approval

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(1) The appropriate Ministers may by directions restrict a planning authority's powers in relation to the giving of approval under Part 1 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 a time-limit or during a specified period, and

Compulsory reference of requests for approval

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(1) The appropriate Ministers may by directions require a planning authority to refer any request for approval under Part 1 to them.

(2) In determining a request referred to them under this paragraph, the appropriate Ministers have the same powers as the authority making the reference.

(3) The determination by the appropriate Ministers of a request referred to them under this paragraph is final.

(4) Directions under this paragraph may—

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

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

Non-material changes to approvals

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(1) A planning authority may at the request of the nominated undertaker make a non-material change to any approval given under Part 1 of this Schedule.

(2) In deciding whether a change is material, a planning authority must have regard to the effect of the change, together with any previous changes made under this paragraph, on the approval as originally given.

(3) The power under sub-paragraph (1) includes power to impose new conditions or to alter or remove existing conditions.

(4) The approval as changed must represent an approval the authority could have given originally.

(5) The consultation requirements in this Part of this Schedule do not apply to a change under this paragraph.

Termination of approval relating to road transportation arrangements

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(1) An approval under paragraph 6 of arrangements relating to transportation ceases to have effect at the end of the relevant period if the nominated undertaker gives a termination notice to the planning authority which approved the arrangements.

(2) In sub-paragraph (1)—

(a) “termination notice” is a written notice that the arrangements in question are to cease to have effect;

(b) “the relevant period” means the period of 28 days beginning with the day on which the termination notice is given.

Appeals

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(1) Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part 1 (including a decision to require additional details), it may appeal to the appropriate Ministers by giving notice of the appeal in the prescribed form to them and to the authority whose decision is appealed against within 42 days of notification of the decision.

(2) On an appeal under this paragraph, the appropriate Ministers 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—

(a) the refusal of approval, or

(b) the imposition of conditions on approval,

on a ground open to that authority.

(3) Where, following receipt by a planning authority of a request by the nominated undertaker for approval under Part 1, 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 appropriate Ministers in accordance with directions under paragraph 20,

this paragraph applies 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), the appropriate period is—

(a) the period of 8 weeks beginning with the date on which the request was received by the planning authority, or

(b) such extended period as may be agreed upon in writing between the authority and the nominated undertaker.

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

(6) An agreement under sub-paragraph (4)(b) may be made after, as well as before, the end of the appropriate period.

(7) No agreement may be made under sub-paragraph (4)(b) to extend a period after it has ended if the nominated undertaker has given notice of appeal against the refusal which is deemed under sub-paragraph (3) to have occurred because of the ending of the period.

(8) Where an agreement under sub-paragraph (4)(b) to extend a period is made after the period has ended, sub-paragraph (3) is to be treated as not having applied when the period ended.

(9) In this paragraph, “prescribed” means prescribed by regulations made by the appropriate Ministers.

(10) No appeal under section 78 of TCPA 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 this paragraph.

24

(1) Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 23 must, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

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

(3) A direction under sub-paragraph (1) or (2) must 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 appropriate Ministers may revoke the appointment and appoint another person to determine the appeal instead.

(5) Where the function of determining an appeal under paragraph 23 is transferred from one person to another, the person to whom the function is transferred must consider the matter afresh, but the fact that the function is transferred does not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6) If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.

25

The decision of the person appointed under paragraph 24 or, as the case may be, of the appropriate Ministers on an appeal under paragraph 23 is final.

26

(1) An appeal under paragraph 23 is to be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2) Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 23.

(3) Regulations under this paragraph 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 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 the person that there is sufficient material before the person to enable a decision on the merits of the case.

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

(a) prescribe the time limit in regulations, or

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

Guidance by Secretary of State

27

(1) The Secretary of State may give guidance to planning authorities in relation to the exercise of their functions under this Schedule.

(2) A planning authority must have regard to the guidance.

(3) The guidance may make different provision for different cases.

(4) The guidance may be varied or revoked.

PART 4 — Supplementary and general

Regulations

28

(1) Regulations under this Schedule may make different provision for different cases.

(2) Regulations under this Schedule must be made by statutory instrument.

(3) A statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

29

In this Schedule—

“appropriate Ministers” means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, means those Ministers acting jointly;

“building” includes any structure other than—anything in the nature of plant or machinery,any gate, fence, wall or other means of enclosure,any tunnel, earthworks (within the meaning of paragraph 3) or railway track bed,any sight, noise or dust screens (within the meaning of paragraph 3),transformers, telecommunication masts or pedestrian accesses to railway lines,lighting equipment, andanything underground, except where forming part of a station and intended for use by members of the public without a ticket or other permission to travel;

“permitted limits”, in relation to any development, means the limits of the land on which the works of which the development forms part may be carried out under this Act;

“planning authority” means a county council or a district council.

SCHEDULE 18

Buildings authorised to be demolished, altered or extended

1

(1) This paragraph applies to—

(a) a listed building which—

(i) was a listed building immediately before 12 June 2017, and

(ii) is specified in table 1 (see the end of this Schedule), and

(b) a listed building which was not a listed building immediately before that date.

(2) If a listed building is one to which this paragraph applies—

(a) section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to works carried out in relation to the building in exercise of the powers under 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 under this Act, the notice does not have effect or, as the case may be, ceases 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 works proposed to be carried out in exercise of the powers under this Act, 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 works proposed to be carried out in exercise of the powers under this Act.

(3) In the case of a building specified in table 1 in relation to which any description of works is specified in column (3) of the table, sub-paragraph (2)(a) has effect as if the reference to works carried out in exercise of the powers under this Act were, as regards demolition or alteration works (as opposed to extension works), to works so carried out which are of the specified description.

(4) The reference in sub-paragraph (3) to alteration works does not include alteration works carried out—

(a) for heritage or monitoring purposes (see paragraph 9(2)), or

(b) for noise mitigation purposes (see paragraph 9(3)).

Buildings in respect of which noise mitigation works are authorised

2

(1) This paragraph applies to a listed building which—

(a) was a listed building immediately before 12 June 2017, and

(b) is specified in table 2 (see the end of this Schedule).

(2) In the case of a listed building to which this paragraph applies—

(a) section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to works carried out in relation to the building for noise mitigation purposes (see paragraph 9(3)),

(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 under this Act, the notice does not have effect or, as the case may be, ceases 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 works proposed to be carried out in exercise of the powers under this Act, 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 works proposed to be carried out in exercise of the powers under this Act.

Damage to buildings

3

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

Power to disapply provision made by paragraphs 1 to 3

4

(1) The Secretary of State may by regulations make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act.

(2) The provision referred to in sub-paragraph (1) is—

(a) provision that paragraph 1(2)(a) or 2(2)(a) does not apply in relation to relevant works;

(b) provision that paragraph 1(2)(b) to (d) or 2(2)(b) to (d) does not apply in relation to proposed relevant works;

(3) “Relevant works” means works which are—

(a) carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and

(b) begun on or after such day as may be specified in regulations under that sub-paragraph.

(4) Regulations under sub-paragraph (1) may make different provision for different purposes.

(5) Regulations under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such regulations must be laid before Parliament after being made.

Heritage partnership agreements

5

The provisions of any agreement under section 26A of the Listed Buildings and Conservation Areas Act (heritage partnership agreements) in relation to a building have effect subject to the powers under this Act with respect to works.

Inspection and observation of works

6

(1) Any person duly authorised in writing by the Historic Buildings and Monuments Commission for England (“the Commission”) or the relevant planning authority may at any reasonable time enter land for the purpose of inspecting or observing the carrying out in relation to any building on the land of decontrolled works.

(2) “Relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the building is situated.

(3) The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4) A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

Recording of buildings

7

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

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

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

(2) The appropriate period, subject to sub-paragraph (3), is—

(a) 8 weeks, or

(b) such longer period as may have been agreed between the nominated undertaker and the Commission.

(3) In case of emergency, the appropriate period is such period as is reasonable in the circumstances.

(4) In determining whether the appropriate period has expired, any day on which entry to the building is refused under paragraph 8(2) is to be disregarded.

8

(1) Following the giving of a notice under paragraph 7(1) in relation to a listed building, any person duly authorised in writing by the Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

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

(3) A person exercising the right under sub-paragraph (1) must comply with 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), the inspection period, in relation to a building which is the subject of a notice under paragraph 7(1), is the period—

(a) beginning when notice under that provision is given, and

(b) ending when the prohibition under that provision ceases to apply to the building.

Interpretation

9

(1) In this Schedule—

“building” and “listed building” have the same meaning as in the Listed Buildings and Conservation Areas Act;

“decontrolled works” means works to which section 7 of the Listed Buildings and Conservation Areas Act would apply, but for paragraph 1(2)(a) or 2(2)(a) of this Schedule;

“the Listed Buildings and Conservation Areas Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2) For the purposes of this Schedule, works relating to a building are carried out for heritage or monitoring purposes if the works are carried out for the purpose of—

(a) maintaining or restoring the building's character as a building of special architectural or historical interest, or

(b) affixing apparatus to any part of the building with a view to measuring any movement in the building or the ground on which it is erected in consequence of the carrying out of works in exercise of the powers under this Act.

(3) For the purposes of this Schedule, works relating to a building are carried out for noise mitigation purposes if the works are carried out in exercise of the power in paragraph 9 of Schedule 2.

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

Tables

SCHEDULE 19

Disapplication of controls

1

(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) does not apply to works authorised by this Act.

(3) The powers of entry under the following provisions are not exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Act—

section 6(1) (entry to ascertain condition of scheduled monument);

section 6A(1) (entry to enforce control of works affecting scheduled monument);

section 26 (entry to record matters of archaeological or historical interest).

(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), have effect subject to the powers under this Act with respect to works.

(5) Section 19 (public access to monuments under public control) does 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 Act.

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

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

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

(a) subsection (2) (superintendence by Commission) does not authorise the superintendence of the carrying out of any of the works authorised by this Act, and

(b) subsection (3) (power of Commission to charge for advice under subsection (1)) does 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) does not apply to anything done in exercise of the powers under this Act with respect to works.

(10) Section 35 (notice required of operations in areas of archaeological importance) does not apply to operations carried out in exercise of the powers under 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) has effect as if operations carried out in exercise of the powers under this Act with respect to works were exempt operations for the purposes of that provision.

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

2

(1) The consent of the nominated undertaker is required for the exercise of the power of entry under 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 Commission) 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 Act.

(2) Consent for the purposes of sub-paragraph (1)—

(a) must not be unreasonably withheld;

(b) 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 power under section 36(1) to enter land to obtain information) does not apply in relation to land on which works authorised by this Act are being carried out.

(4) Any dispute under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport acting jointly.

Power to disapply provision made by paragraphs 1 and 2

3

(1) The Secretary of State may by regulations make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act.

(2) The provision referred to in sub-paragraph (1) is—

(a) provision that paragraph 1(2) does not apply in relation to relevant works;

(b) provision that paragraph 1(3) does not apply in relation to land used for or in connection with the carrying out of relevant works;

(d) provision that paragraph 1(10) and (11) do not apply in relation to operations carried out in exercise of the powers under this Act which are, or are carried out in connection with, relevant works;

(e) provision that paragraph 1(12) does not apply in relation to use of a metal detector for the purposes of or in connection with relevant works;

(f) provision that paragraph 1(13) does not apply in relation to removal of objects discovered by any such use;

(g) provision that paragraph 2(1) does not apply in relation to land used, or intended for use, for or in connection with the carrying out of relevant works;

(h) provision that paragraph 2(3) does not apply in relation to land on which relevant works are being carried out.

(3) In this paragraph, “relevant works” means works which are—

(a) carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and

(b) begun on or after such day as may be specified in regulations under that sub-paragraph.

(4) Regulations under sub-paragraph (1) may make different provision for different purposes.

(5) Regulations under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such regulations must be laid before Parliament after being made.

Inspection and observation of works etc

4

(1) Any person duly authorised in writing by the Commission may at any reasonable time enter 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 under paragraph 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 under this Act.

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

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

(4) In this paragraph, “scheduled monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979.

Interpretation

5

In this Schedule, references to “the Commission” are to the Historic Buildings and Monuments Commission for England.

SCHEDULE 20

Notice of removal of remains or monument

1

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

(a) publish a notice complying with sub-paragraph (2) 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 such a notice displayed in a conspicuous place on or near the land.

(2) A notice under sub-paragraph (1) must—

(a) identify the land to which it relates,

(b) set out in general terms the effect of paragraphs 2 to 7 (so far as relevant to remains to which sub-paragraph (1) applies),

(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 is required under sub-paragraph (1) before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that the Secretary of State is satisfied—

(a) that the remains were buried 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 is required under sub-paragraph (1) before the removal of any remains or any monument to the deceased if—

(a) a court has granted a faculty, in relation to the remains, to the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker, or

(b) on the passing of this Act, a licence under section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) is in force in relation to the remains and 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)—

“court” has the meaning given by section 25(4) of the Burial Act 1857;

“group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning given by section 1159 of the Companies Act 2006.

Removal of remains under licence

2

(1) In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker must 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 the period of 56 days after the day on which notice relating to the remains is first published under paragraph 1(1)(a).

(2) In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker must 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 4(1).

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

(4) The nominated undertaker must pay the reasonable costs of removal and reburial or cremation under this paragraph.

Removal of remains by nominated undertaker

3

(1) In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker may remove the remains after the expiry of the period of 56 days referred to in paragraph 2(1)—

(a) if no application under paragraph 2(1) has been received, or

(b) in a case where one or more applications under paragraph 2(1) have been received, if in the case of each application—

(i) a licence has been issued, and

(ii) at least 28 days have passed since the issue of the licence without the remains having been removed.

(2) The nominated undertaker must within two months of the removal of remains under sub-paragraph (1)—

(a) bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(b) cremate them in a crematorium.

(3) If—

(a) an application is made to the nominated undertaker under paragraph 2(1),

(b) the application is refused on the ground that the nominated undertaker is not satisfied that the applicant is a relative or personal representative of the deceased,

(c) within the period of 28 days beginning with the date of the notice of refusal the applicant has applied to the county court for a declaration that he or she is a relative or personal representative of the deceased (see paragraph 11(2)(b)), and

(d) that period of 28 days has elapsed without the court having determined the application made to it,

the nominated undertaker may remove the remains and any monument to the deceased.

(4) The nominated undertaker must, pending the court's determination, deal with any remains or monument removed under sub-paragraph (3) in such manner as the Secretary of State may direct.

4

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

(a) if no application under paragraph 2(2) has been received, or

(b) in a case where one or more applications under paragraph 2(2) have been received, if in the case of each application—

(i) a licence has been issued, and

(ii) at least 28 days have passed since the issue of the licence without the remains having been removed.

(2) The nominated undertaker must after the removal of remains under sub-paragraph (1)—

(a) within 12 months or such longer period as the Secretary of State may direct in relation to the case—

(i) bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(ii) cremate them in a crematorium, or

(b) deal with them in such other manner, and subject to such conditions, as the Secretary of State may direct.

(3) If—

(a) an application is made to the nominated undertaker under paragraph 2(2),

(b) the application is refused on the ground that the nominated undertaker is not satisfied that the applicant is a relative or personal representative of the deceased,

(c) within the period of 28 days beginning with the date of the notice of refusal the applicant has applied to the county court for a declaration that he or she is a relative or personal representative of the deceased (see paragraph 11(2)(b)), and

(d) that period of 28 days has elapsed without the court having determined the application made to it,

the nominated undertaker may remove the remains and any monument to the deceased.

(4) The nominated undertaker must, pending the court's determination, deal with any remains or monument removed under sub-paragraph (3) in such manner as the Secretary of State may direct.

5

(1) In the case of remains in relation to which paragraph 1(4) applies—

(a) the nominated undertaker may remove the remains, and

(b) if it does so, it is to be treated for the purposes of this Act as acting under this paragraph and not under the faculty or licence mentioned in paragraph 1(4).

(2) The nominated undertaker must within two months of the removal of remains under sub-paragraph (1)—

(a) bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(b) cremate them in a crematorium.

(3) Sub-paragraph (2) does not apply if the Secretary of State is satisfied that the remains were buried more than 100 years ago; and in such a case the nominated undertaker must, after the removal of remains under sub-paragraph (1)—

(a) within 12 months or such longer period as the Secretary of State may direct in relation to the case—

(i) bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(ii) cremate them in a crematorium, or

(b) deal with them in such other manner, and subject to such conditions, as the Secretary of State may direct.

Removal of monuments

6

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

(2) The nominated undertaker must pay the reasonable costs of removal and re-erection under sub-paragraph (1).

7

(1) Where any remains are removed under a licence under paragraph 2(1) or (2), 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.

(2) Where the nominated undertaker removes any remains under paragraph 3, 4 or 5, it may also remove from the land any monument to the deceased.

(3) Where any remains are removed (by a person other than the nominated undertaker) under a faculty or 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 person to whom the faculty is granted or the licensee (as the case may be).

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

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

Records

8

(1) Where any remains in relation to which paragraph 1(1) applies are removed under this Schedule, or remains in relation to which paragraph 1(4) applies are removed under paragraph 5(2), the nominated undertaker must, 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 remains in relation to which paragraph 1(3) applies are removed under this Schedule, or remains in relation to which paragraph 1(4) applies are removed under paragraph 5(3), the nominated undertaker must, within 12 months of the removal or such longer period as the Secretary of State may direct in relation to the case, 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,

(c) if at the time the certificate is provided the remains have been reburied or cremated, states the date and place of reburial or cremation, and

(d) if at that time the remains have not been reburied or cremated, states where and by whom they are kept.

(3) Where any monument is removed under this Schedule, the nominated undertaker must, 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).

(4) 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 in order to comply with sub-paragraph (1), (2) or (3).

(5) In sub-paragraph (3)(a), “local authority” means the unitary authority or, in a non-unitary area, the district council.

Discharge of functions by nominated undertaker

9

(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), it must carry out in accordance with the reasonable requests of the licensee—

(a) its functions under paragraph 3 or 4 with respect to disposal of the remains, and

(b) if it removes any monument to the deceased, the functions under paragraph 7 with respect to disposal of the monument.

(2) In a case where more than one licence is granted under paragraph 2(1) or (2) and the licensees make different reasonable requests for the purposes of sub-paragraph (1), the nominated undertaker must carry out the functions referred to in that sub-paragraph in accordance with directions given by the Secretary of State.

(3) Directions under sub-paragraph (2) may include directions that—

(a) a licensee may apply to the county court to determine how remains or a monument are to be disposed of, and

(b) how the remains or monument are to be dealt with pending the court's determination.

10

The Secretary of State may give such directions as the Secretary of State thinks fit with respect to the carrying out of any function of the nominated undertaker under this Schedule.

Relatives and personal representatives

11

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

(a) is a husband, wife, civil partner, 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.

(2) For the purposes of this Schedule, a person is to be taken to be a relative or personal representative of the deceased if—

(a) the nominated undertaker is satisfied that the person is a relative or personal representative of the deceased, or

(b) the county court, on the application of the person, has declared that the person is a relative or personal representative of the deceased.

SCHEDULE 21

Water abstraction and impounding

1

The restriction imposed by section 24(1) of WRA 1991 (restriction on the abstraction of water) does not apply in relation to the abstraction of water for the purposes of or in connection with the construction of the works authorised by this Act.

2

Section 25 of WRA 1991 (restrictions on impounding) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

3

(1) Section 48A(1) of WRA 1991 (duty not to cause loss or damage to another by the abstraction of water) does not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this Act.

(2) Where—

(a) the nominated undertaker causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this Act, and

(b) the circumstances are such that causing the loss or damage would have constituted breach of the duty under section 48A(1) of WRA 1991, but for sub-paragraph (1),

the nominated undertaker must compensate the other person for the loss or damage.

(3) Compensation under sub-paragraph (2) is to be assessed on the same basis as damages for breach of the duty under section 48A(1) of WRA 1991.

(4) Section 48A(5) of WRA 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under—

(a) this paragraph, or

(b) Part 4 of Schedule 32.

No environmental permit required for operating regulated facility etc

4

(1) Regulation 12(1) of the Environmental Permitting Regulations (which requires an environmental permit for certain activities) does not apply to the carrying on of a relevant flood risk activity, a water discharge activity or a groundwater activity in exercise of the powers conferred by this Act with respect to works.

(2) In this paragraph—

(a) “groundwater activity” and “water discharge activity” have the meaning given, respectively, by paragraph 3 of Schedule 22 and paragraph 3 of Schedule 21 to the Environmental Permitting Regulations;

(b) “relevant flood risk activity” means an activity within paragraph 3(1)(a), (b) or (c) of Schedule 25 to those Regulations;

(c) “Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).

Floods

5

Paragraph 5 of Schedule 1 to FWMA 2010 (consent required for alteration, removal or replacement of designated feature) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Drainage

6

Paragraph 7 of Schedule 3 to FWMA 2010 (approval required for drainage system for construction work) does not apply in relation to anything done in exercise of the powers conferred by this Act with respect to works.

Eels

7

Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/3344) (passage of eels) does not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Interpretation

8

In this Schedule—

“abstraction” has the same meaning as in WRA 1991;

“FWMA 2010” means the Flood and Water Management Act 2010;

“WRA 1991” means the Water Resources Act 1991.

SCHEDULE 22

Building regulations

1

(1) Nothing in—

(a) Part 1 of the 1984 Act with respect to building regulations, or

(b) any building regulations,

applies 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 Act.

(2) Sub-paragraph (1) does not apply in relation to a building which is a house or hotel.

(3) Sub-paragraph (1) does not apply in relation to a building which is used as offices or showrooms unless it forms part of a railway station or other railway facility.

(4) In sub-paragraph (3), “railway facility” includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway.

(5) The reference in sub-paragraph (1)(b) to building regulations does not include the provisions listed in regulation 34(1) of the Building Regulations 2010 (S.I. 2010/2214) (requirements relating to energy efficiency).

Drain repairs

2

In section 61 of the 1984 Act—

(a) subsection (2) (local authority officers to have access to drain repair works), and

(b) subsection (3) (offence for failure to comply with section 61),

do not apply to the repair, reconstruction or alteration of an underground drain which is carried out for Phase 2a purposes.

Drain disconnections

3

Where works described in section 62(1)(a), (b) or (c) of the 1984 Act (reconstruction and other drain works) are carried out for Phase 2a purposes, section 62 of the 1984 Act (which requires drains to be disconnected when they become disused or unnecessary in consequence of reconstruction and other works) has effect as if—

(a) in subsection (1), for “as the local authority may reasonably require” there were substituted “ as the person considers necessary ”,

(b) subsections (2) and (3) were omitted,

(4) Before carrying out works described in subsection (1)(a), (b) or (c), the person carrying out the works must give at least 48 hours' notice to the local authority.

, and

(d) subsection (5) were omitted.

Raising of chimneys

4

(1) This paragraph applies where—

(a) the nominated undertaker is given a notice under section 73(1) of the 1984 Act (notice requiring chimney of adjoining building to be raised and requiring owner or occupier of that building to allow access to it for that purpose),

(b) the taller building is a building held, or to be 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 Act, and

(c) the owner or occupier of the adjoining building referred to in section 73(1)(b) of the 1984 Act serves a counter-notice on the nominated undertaker.

(2) The owner or occupier of the adjoining building may not enter upon relevant Phase 2a land, for the purposes of carrying out the work to which the counter-notice relates, without the consent of the Secretary of State or the nominated undertaker.

(3) “Relevant Phase 2a land” means 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 the Act.

(4) Where, by reason of the withholding of consent for the purposes of sub-paragraph (2), the owner or occupier of the adjoining building is unable to carry out the work to which the counter-notice relates, the counter-notice ceases to have effect.

(5) In this paragraph, references to “the taller building” and a “counter-notice” are to be construed in accordance with section 73 of the 1984 Act.

Construction of cellars and rooms below subsoil water level

5

(1) Section 74(1) of the 1984 Act (which requires local authority consent for the construction of a cellar or room below subsoil water level in, or as part of, a house, shop, inn, hotel or office) does not apply to the construction of a cellar or room in connection with a shop, inn, hotel or office which forms part of a railway station or other railway facility which is being used, or which is intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(2) In sub-paragraph (1), “railway facility” includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway.

Demolition of whole or part of building

6

Sections 80(2)(b), 81 and 82 of the 1984 Act (which concern a local authority's power to serve notice about a demolition) do not apply to the demolition of the whole or part of a building carried out in exercise of the powers under this Act and to which section 80 of the 1984 Act otherwise applies.

Interpretation

7

In this Schedule—

“the 1984 Act” means the Building Act 1984;

“building regulations” has the same meaning as in the 1984 Act (see section 122 of that Act).

SCHEDULE 23

1

In this Schedule, “the 1996 Act” means the Party Wall etc. Act 1996.

2

No notice under section 1(2) or (5) of the 1996 Act (notice before building on line of junction with adjoining land) is required before the building of any wall for Phase 2a purposes.

3

Sections 1(6) and 2 of the 1996 Act (rights of adjoining owners) do 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 Act, or

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

4

No party structure notice under section 3 of the 1996 Act is required before the exercise of any right conferred by section 2 of that Act (right to repair etc party wall) for the purposes of or in connection with—

(a) the construction of the works authorised by this Act, or

(b) the maintenance of any such work during 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.

5

Section 6 of the 1996 Act (underpinning of adjoining buildings) does not apply in relation to a proposal to excavate, or excavate for and erect anything, for Phase 2a purposes.

6

(1) Where—

(a) a building owner (within the meaning of the 1996 Act) serves a notice under section 6(5) of that Act, and

(b) the building or structure of the adjoining owner (within the meaning of that Act) referred to in that provision is a building or structure—

(i) erected for Phase 2a purposes, or

(ii) situated on land held by the Secretary of State or the nominated undertaker for the purposes of the nominated undertaker's undertaking under this Act,

section 6 of that Act has effect with the following modifications.

(2) Those modifications are—

(a) subsection (3) is omitted;

(b) for subsections (6) and (7) substitute—

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