3U.K.To the extent that any authorised development consists of any operation or work mentioned in the left-hand column of the following table it shall be carried out in accordance with detailed plans and specifications approved, at the request of the Concessionaires, by the appropriate planning authority.
The only ground on which the authority may refuse, or impose conditions on the grant of, any approval of plans or specifications of any operation or work so mentioned is that specified in relation to that operation or work in the right-hand column of the table.
The Table
| Operation or work | Grounds |
|---|---|
| The erection, construction, alteration or extension of any building, road vehicle park or noise screening. | That— |
| Terracing or other earthworks. | (a) the design or external appearance of the building, road vehicle park, noise screening, terracing or other earthworks ought to be modified to preserve the amenity of the neighbourhood and is reasonably capable of being so modified; or |
| (b) the development ought to and could reasonably be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act. | |
| The erection, construction or installation of lighting equipment. | That— |
| (a) the design of the equipment, with respect to the emission of light, ought to be modified to preserve the amenity of the neighbourhood and is reasonably capable of being so modified; or | |
| (b) the development ought to and could reasonably be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act. | |
| The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, by vehicular traffic. | That the development would be prejudicial to road safety or the free flow of traffic and is reasonably capable of modification so as to avoid such prejudice. |
| The construction of Work No. 7, referred to below in this Schedule as the sea wall. | That its elevation, situation or external appearance ought to be modified to preserve the amenity of the neighbourhood or the marine environment or in the interests of nature conservation and is reasonably capable of being so modified having regard to all the circumstances (including any relevant requirements for the protection of navigation). |
Note:
1. The operations and works specified in the entries in the left-hand column of the table preceding the last such entry do not include anything to which that last entry applies or the deposit of spoil on the landward side of the sea wall.
2. The grounds in paragraph (b) of the first and second entries in the right-hand column of the table do not apply in the case of any development which forms part of a scheduled work or of railway sidings constructed in connection with such a work.
In this paragraph—
(a)“the appropriate planning authority” means, in relation to the construction of the sea wall, the county planning authority, and otherwise the district planning authority; and
(b)the reference to relevant requirements for the protection of navigation is a reference to—
(i)the requirements of paragraph 2 of Part III and paragraphs 4 and 5 of Part IV of Schedule 7 to this Act with respect to the approval of such part of the sea wall as is on the surface of lands below the level of mean high water springs; and
(ii)any conditions or restrictions imposed in relation to any such part of the sea wall under any of those provisions.