Disapplication of legislative provisions
3.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation or maintenance of the authorised development—
(a)section 28E (duties in relation to sites of scientific interest) of the Wildlife and Countryside Act 1981(1);
(b)section 28H(2) (statutory undertakers, etc.: duty in relation to carrying out operations) of the Wildlife and Countryside Act 1981;
(c)section 80 (notice to local authority of intended demolition) of the Building Act 1984(3);
(d)section 23 (prohibition of obstructions etc. in watercourses) of the Land Drainage Act 1991(4);
(e)section 32 (variation of awards) of the Land Drainage Act 1991;
(f)the provisions of any byelaws made under section 66 (powers to make byelaws)(5) of the Land Drainage Act 1991;
(g)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6, or 6A of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991(6);
(h)regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England & Wales) Regulations 2016(7) in respect of a flood risk activity only; and
(i)the provisions of the Neighbourhood Planning Act 2017(8) in so far as they relate to temporary possession of land under articles 29 (temporary use of land for constructing the authorised development) and 30 (temporary use of land for maintaining the authorised development) of this Order.
(2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010(9) any building comprised in the authorised development is deemed to be—
(a)a building into which people do not normally go; or
(b)a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
(3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967(10), any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.
(4) The provisions of the following enactments do not apply in so far as those provisions still in force are incompatible with the exercise by the undertaker of the functions conferred by this Order—
(a)The Eden Valley Railway Act 1858(11);
(b)The Eden Valley Railway Act 1862(12); and
(c)The Midland Railway (Settle to Carlisle) Act 1866(13).
1981 c. 69. Section 28E was inserted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37). It was amended by section 105(1) of, and paragraph 79 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments which are not relevant to this Order.
Section 28H was inserted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000. It was amended by section 105(1) of, and paragraph 79 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006.
1984 c. 55. Section 80 was amended by sections 4 and 5(2) of and paragraph 58(3) of Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), section 24(1) of, and paragraph 11(1) and (2) of Schedule 5 to the Housing and Planning Act 1986 (c. 63), paragraph 33 of Schedule 8 to the Gas Act 1986 (c. 44), paragraph 33 of Schedule 17 to the Electricity Act 1989 (c. 29) and S.I. 1990/1285.
1991 c. 59. Section 23 was amended by section 120 of, and paragraphs 192(1) and (2) of Schedule 22 to, the Environment Act 1995 (c. 25) and by section 49(3) of, and paragraph 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29). There are other amendments to section 23 which are not relevant to this Order.
Section 66 was amended by section 49(3) of, and paragraph 38 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29) and section 86(3) of the Water Act 2014 (c. 21).
1991 c. 57. Paragraph 5 was amended by section 100((2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84(2) of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 and section 224 of, and paragraph 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
S.I. 2016/1154, amended by S.I. 2018/110.
S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments that are not relevant to this Order.
1967 c. 10. Section 9 was amended by section 4 of, and paragraph 14 of, Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). There are other amendments to section 9 that are not relevant to this Order.