Office of Public Sector Information

Planning

10 Planning: general

(1) Subject to subsection (2), planning permission shall be deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act.

(2) In the case of any development authorised by this Act which consists of the carrying out of a work other than a scheduled work, subsection (1) only applies if—

(a) the development is not of a kind in relation to which it is necessary to take environmental information into account before granting planning permission, or

(b) it is development in relation to which information contained in a statement specified for the purposes of this paragraph constituted at the time of the statement’s deposit or publication an environmental statement within the meaning of the EIA regulations.

(3) For the purposes of subsection (2)(a), development is of a kind in relation to which it is necessary to take environmental information into account if—

(a) it is of a description mentioned in Schedule 1 to the EIA regulations, or

(b) it is of a description mentioned in column (1) of the table in Schedule 2 to those regulations and likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

and it is not exempt development within the meaning of those regulations.

(4) The following are the statements specified for the purposes of subsection (2)(b)—

(a) the statement deposited in connection with the Crossrail Bill in the Private Bill Office of the House of Commons in February 2005 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

(b) the statements containing additional environmental information published in connection with the Crossrail Bill by the Secretary of State, notice of the publication of which was published in the London Gazette on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th May 2007.

(5) In relation to development excepted by subsection (2) from the planning permission deemed by subsection (1) to be granted, the EIA regulations shall have effect with the omission, in the definition of “Schedule 2 development” in regulation 2(1), of the words from “where” to the end.

(6) Schedule 7 (which makes provision about planning conditions) has effect in relation to development for which planning permission is deemed by subsection (1) to be granted.

(7) Development for which permission is deemed by subsection (1) to be granted shall be treated as not being development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (or any order replacing that order).

(8) Planning permission which is deemed by subsection (1) to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (c. 8) (specific planning permission for the development of statutory undertakers' land relevant to whether the land is operational land).

(9) In this Act, “the EIA regulations” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) (or any regulations replacing those regulations).

11 Permitted development: time limit

(1) It shall be a condition of the planning permission deemed by section 10(1) to be granted, so far as relating to development consisting of the carrying out of a scheduled work, that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

(2) The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) applies, by order extend the period by reference to which the condition operates.

(3) The power conferred by subsection (2) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Nothing in section 91 of the Town and Country Planning Act 1990 (c. 8) (limit on duration of planning permission) shall apply to the planning permission deemed by section 10(1) to be granted.

12 Fees for planning applications

(1) The appropriate Ministers may by regulations make provision about fees for relevant planning applications.

(2) Regulations under subsection (1) may in particular—

(a) make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount;

(b) make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances;

(c) make provision for a prescribed fee to be treated as paid in prescribed circumstances;

(d) make provision about the time for payment of a prescribed fee;

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

(f) make provision for the resolution of disputes.

(3) Regulations under subsection (1) may—

(a) make such supplementary, incidental or consequential provision as the appropriate Ministers think fit, and

(b) make different provision for different cases.

(4) The power to make regulations under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Nothing in regulations under section 303 of the Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.

(6) In this section—

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

• “prescribed” means prescribed in regulations under subsection (1);

• “relevant planning application” means a request for approval under the planning permission deemed by section 10(1) to be granted.

13 Power to disapply section 10(1)

(1) The Secretary of State may, in relation to any work constructed in exercise of the powers conferred by this Act, by order provide that section 10(1), so far as relating to development consisting of operations for the maintenance or alteration of the work, shall be treated as not applying in relation to operations begun on or after such day as may be specified in the order.

(2) The Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (or any order replacing that order) shall have effect in relation to any development excepted from section 10(1) by subsection (1) as if this Act were a local Act.

(3) Orders under subsection (1) may make different provision for different cases.

(4) The power conferred by subsection (1) shall be exercisable by statutory instrument.

(5) A statutory instrument containing an order under subsection (1) shall be laid before Parliament after being made.

14 EIA regulations: replacement development

(1) The EIA regulations shall have effect as if the definition of “EIA development” in regulation 2(1) of the regulations included any development not included in paragraph (a) or (b) of the definition which—

(a) consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act,

(b) is not development for which planning permission is deemed by section 10(1) to be granted,

(c) is development in relation to which the first or second condition is met, and

(d) is not exempt development within the meaning of those regulations.

(2) The first condition is that the building which the development replaces is specified in the following table.

(3) The second condition is that the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(4) In this section, “building” includes any structure.

15 Extension of permitted development rights

(1) Article 3(10) of the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (exception from permission in case of development for which environmental assessment required) shall not apply to development—

(a) which falls within a class of development described in Part 15, 16, 17, 24 or 25 of Schedule 2 to that Order as permitted development, and

(b) in relation to which information contained in a statement specified for the purposes of this paragraph constituted at the time of the statement’s deposit or publication an environmental statement within the meaning of the EIA regulations.

(2) The following are the statements specified for the purposes of subsection (1)(b)—

(a) the statement deposited in connection with the Crossrail Bill in the Private Bill Office of the House of Commons in February 2005 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

(b) the statements containing additional environmental information published in connection with the Crossrail Bill by the Secretary of State, notice of the publication of which was published in the London Gazette on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th May 2007.

(3) Schedule 8 (which contains supplementary provisions) has effect.

Heritage

16 Disapplication and modification of controls

(1) Schedule 9 (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments etc.) has effect.

(2) The Secretary of State may by order make any provision specified in subsection (3) in relation to any work constructed in exercise of the powers conferred by this Act.

(3) The provision referred to in subsection (2) is—

(a) provision that paragraphs 1(1)(a) and 2(1)(a) of Schedule 9 shall not apply in relation to any relevant works;

(b) provision that paragraphs 1(1)(b) to (d) and 2(1)(b) to (d) of that Schedule shall not apply in relation to any proposed relevant works;

(c) provision that paragraph 1(4) of that Schedule shall not apply in relation to any demolition of a building undertaken in connection with any relevant works;

(d) provision that paragraph 3 of that Schedule shall not apply in relation to any relevant works;

(e) provision that paragraph 4(2) of that Schedule shall not apply in relation to any relevant works;

(f) provision that paragraph 4(3) of that Schedule shall not apply in relation to any land used for or in connection with the carrying out of any relevant works;

(g) provision that paragraph 4(8)(a) and (b) of that Schedule shall not apply in relation to any relevant works;

(h) provision that paragraph 4(10) and (11) of that Schedule shall not apply in relation to any operations carried out in exercise of the powers conferred by this Act which are, or are carried out in connection with, relevant works;

(i) provision that paragraph 4(12) of that Schedule shall not apply in relation to any use of a metal detector for the purposes of or in connection with any relevant works;

(j) provision that paragraph 4(13) of that Schedule shall not apply in relation to any removal of objects discovered by any such use;

(k) provision that paragraph 5(1) of that Schedule shall not apply in relation to any land used, or intended for use, for or in connection with the carrying out of any relevant works;

(l) provision that paragraph 5(3) of that Schedule shall not apply in relation to any land on which relevant works are being carried out.

(4) In this section—

• “relevant works” means works which are—

  (a)

  carried out in exercise of the powers conferred by this Act for the maintenance or alteration of the work referred to in subsection (2), and

  (b)

  begun on or after the relevant day;

• “relevant day” means such day as may be specified in an order under subsection (2).

(5) Orders under subsection (2) may make different provision for different cases.

(6) The power conferred by subsection (2) shall be exercisable by statutory instrument.

(7) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

17 Rights of entry

Schedule 10 (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England) has effect.

Trees

18 Power to deal with trees on neighbouring land

(1) Where any tree overhangs land used for the purposes of Crossrail or otherwise for the purposes of works authorised by this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—

(a) to enable works authorised by this Act to be maintained, or

(b) for reasons of safety in connection with the operation of Crossrail.

(2) The person to whom a notice under subsection (1) is given may object to the notice by giving the nominated undertaker a counter-notice to that effect before the end of the period of 28 days beginning with the day on which the notice under subsection (1) is given.

(3) If a counter-notice is given under subsection (2), the notice under subsection (1) shall have no effect unless confirmed by an order of the county court.

(4) The nominated undertaker may carry out the works required by a notice under subsection (1) if the notice has been in effect for a continuous period of at least 28 days and has not been complied with.

(5) Where the power conferred by subsection (4) is exercisable, the nominated undertaker may—

(a) enter the land on which the tree concerned is growing, for the purpose of exercising the power in relation to it, and

(b) take with it such vehicles and equipment as are necessary for that purpose.

(6) If the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (4), it shall do so in a husbandlike manner and in such a way as to cause the minimum of damage to the tree.

(7) On application by a person who—

(a) has incurred expenses in complying with a notice under subsection (1), or

(b) has suffered any loss or damage in consequence of the carrying out of works required by such a notice,

the county court shall order the nominated undertaker to pay him such compensation in respect of the loss, damage or expenses as it thinks fit.

19 Disapplication of controls

(1) Neither of the following shall apply to tree works which are authorised for the purposes of this section—

(a) an order under section 198(1) of the Town and Country Planning Act 1990 (c. 8) (tree preservation orders), and

(b) section 211(1) and (5) of that Act (preservation of trees in conservation areas).

(2) Tree works are authorised for the purposes of this section if—

(a) they are required by a notice under section 18(1),

(b) they are carried out, for the purposes of or in connection with the construction of the works authorised by this Act, in relation to a tree growing on land within the relevant limits, or

(c) they are carried out in relation to a tree growing on land used for the purposes of or in connection with Crossrail and are necessary to enable the works authorised by this Act to be maintained or for reasons of safety in connection with the operation of any railway used for the purposes of or in connection with Crossrail.

(3) In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.

Noise

20 Control of construction sites: appeals

(1) In the Control of Pollution Act 1974 (c. 40), sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Act, with the following modifications.

(2) In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates' court” there shall be substituted “the Secretary of State”.

(3) After that subsection there shall be inserted—

“(7A) If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.”

(4) The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly may, in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 (c. 40), by regulations made by statutory instrument make any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part 3 of that Act to the Secretary of State.

(5) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

21 Proceedings in respect of statutory nuisance: defence

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (c. 43) (summary proceedings by person aggrieved by statutory nuisance) in relation to—

(a) a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises), or

(b) a nuisance falling within paragraph (ga) of that provision (noise emitted by vehicle, machinery or equipment in a street),

no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that subsection (2) applies.

(2) This subsection applies if—

(a) the nuisance relates to premises or, as the case may be, to a vehicle, machinery or equipment, used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works, and

(b) the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.

(3) The following provisions of the Control of Pollution Act 1974—

(a) section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and

(b) section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

shall not apply where the consent relates to the use of premises or, as the case may be, of a vehicle, machinery or equipment by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

Railway matters

22 Objective of ORR in relation to Crossrail

(1) The list of objectives in section 4(1) of the Railways Act 1993 (c. 43) (objectives of Office of Rail Regulation and Secretary of State) shall be treated, in relation to the Office of Rail Regulation only, as including the objective of facilitating the construction of Crossrail.

(2) The Office of Rail Regulation shall consult the Secretary of State about the duty under section 4(1) of the Railways Act 1993 (c. 43) (as modified by subsection (1)).

(3) This section shall cease to have effect on such day as the Secretary of State may by order made by statutory instrument specify.

(4) A statutory instrument containing an order under subsection (3) shall be laid before Parliament after being made.

23 Duty of ORR to publish reports

(1) The Office of Rail Regulation shall from time to time publish a report on—

(a) what it has done, or proposes to do, to further the objective given to it under section 22;

(b) how it has exercised or proposes to exercise its functions in connection with the operation of Crossrail passenger services.

(2) The Office of Rail Regulation shall publish a report under subsection (1) if at any time the Secretary of State requires it to do so.

(3) The Office of Rail Regulation shall have regard to a report under this section in the exercise of any of its functions to which that report is relevant.

(4) In this section, “Crossrail passenger service” means a service for the carriage of passengers by railway on a line the whole of which, or part of which, forms part of the railway mentioned in section 1(1)(a).

(5) This section shall cease to have effect on such day as the Secretary of State may by order made by statutory instrument specify.

(6) A statutory instrument containing an order under subsection (5) shall be laid before Parliament after being made.

24 Licensing

(1) Section 6(1) of the Railways Act 1993 (which prohibits any person from acting as the operator of a railway asset unless authorised by a licence under section 8 of that Act) shall not apply in relation to—

(a) any network constructed in exercise of the powers conferred by this Act which is not yet ready for commercial use, or

(b) any train being used on any such network.

(2) For the purposes of subsection (1)(a), a network shall be taken to be ready for commercial use only if the Secretary of State has laid before Parliament notice of his determination that it is ready for such use.

(3) Any expression used in this section and Part 1 of the Railways Act 1993 has the same meaning in this section as it has in that Part.

25 Award of Crossrail franchises to public-sector operators

(1) Section 25 of the Railways Act 1993 (c. 43) (public-sector operators not to be franchisees) does not apply in relation to the franchisee in respect of a franchise agreement—

(a) which relates wholly or mainly to the provision of one or more Crossrail passenger services, or

(b) which relates wholly or mainly to the provision of one or more other services for the carriage of passengers by railway where—

(i) the services run wholly or partly on the route of Crossrail, and

(ii) the services are likely to be subject to substantial disruption because of the construction of Crossrail.

(2) The following may in particular be taken into account in determining whether, for the purposes of subsection (1)(b), services are likely to be subject to substantial disruption—

(a) the frequency with which the services are likely to be disrupted;

(b) the duration of the period in which the services are likely to be disrupted (and, in particular, its duration relative to the length of the franchise term);

(c) the severity of any likely disruption.

(3) In this section—

• “Crossrail passenger service” has the meaning given by section 23(4);

• “franchisee”, “franchise agreement” and “franchise term” have the meanings given by section 23 of the Railways Act 1993 (designated passenger services to be provided under franchise agreements).

26 Disapplication of franchising and access exemptions

(1) The Secretary of State may by order amend, or revoke provisions of, the Heathrow Express Order—

(a) for the purpose of restricting or ending an exemption granted by a relevant provision,

(b) for the purpose of adding to the conditions subject to which such an exemption is granted, or

(c) for the purpose of making such a condition more onerous.

(2) For the purposes of subsection (1), each of the following is a “relevant provision”—

• article 3(1) of the Heathrow Express Order, and

• article 4(1) of the Heathrow Express Order.

(3) Where exercise of the power under subsection (1) has effect to end an exemption granted by article 3(1) of the Heathrow Express Order in relation to any track, station or depot, the Secretary of State may by order—

(a) make provision for, or in connection with, treating as void—

(i) every access contract, including one entered into before the making of the order, where the permission concerned is permission to use that facility, or

(ii) a contract such as is mentioned in sub-paragraph (i) if it is specified in the order or is of a description so specified;

(b) provide for exceptions to any provision made under paragraph (a).

(4) The powers—

(a) under subsection (1), so far as relating to an exemption granted by article 3(1) of the Heathrow Express Order, and

(b) under subsection (3)(a),

are exercisable only for the purpose of, or for purposes that include, facilitating Crossrail passenger services.

(5) The powers under subsection (1), so far as relating to an exemption granted by article 4(1) of the Heathrow Express Order, are exercisable only for, or for purposes that include, either or both of the following—

(a) facilitating Crossrail passenger services, and

(b) enabling Crossrail passenger services to be designated under section 23(1) of the Railways Act 1993 (c. 43) (services which ought to be provided under franchise agreements).

(6) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• “the Heathrow Express Order” means the Railways (Heathrow Express) (Exemptions) Order 1994 (S.I. 1994/574), as from time to time amended;

• “access contract” has the meaning given by section 17(6) of the Railways Act 1993;

• “Crossrail passenger service” has the meaning given by section 23(4).

27 Closures

(1) If the Secretary of State considers that discontinuance falling within any of the closure provisions of the Railways Act 2005 is necessary or expedient because of the operation of Crossrail or the carrying out of any of the works authorised by this Act, he may direct that those provisions shall be treated as not applying to it.

(2) The reference in subsection (1) to the closure provisions of the Railways Act 2005 is to—

• sections 22 to 25 (discontinuance of railway passenger services),

• sections 26 to 28 (discontinuance of operation of passenger networks),

• sections 29 to 31 (discontinuance of use or operation of stations), and

• section 37 (discontinuance of experimental passenger services).

28 Key system assets

(1) Section 216(1)(b) of the Greater London Authority Act 1999 (c. 29) (consent of Transport for London required for creation etc. of interests in, or rights over, assets designated as key system assets in connection with certain railway-related public-private partnership agreements) shall not apply in relation to—

(a) the creation of an interest in, or right over, a key system asset, or

(b) an agreement to create an interest in, or right over, a key system asset,

if the interest or right is, or is to be, created in order to facilitate any of the matters mentioned in subsection (2).

(2) Those matters are—

(a) the construction of the railway mentioned in section 1(1)(a);

(b) the maintenance of that railway;

(c) the operation of services for the carriage of passengers or goods by railway on a line the whole of which, or part of which, forms part of that railway.

(3) In this section “key system asset” has the meaning given by section 213(1) of the Greater London Authority Act 1999 (c. 29).