Channel Tunnel Rail Link Act 1996

51 Replacement concrete batching facilities at St. Pancras. U.K.

(1) Planning permission shall be deemed to be granted under Part III of the M1 Town and Country Planning Act 1990 for the construction of concrete batching facilities on land at St. Pancras in London within the relevant limits.

(2) The planning permission deemed by subsection (1) above to be granted shall be deemed to be granted subject to a condition specifying the siting, design, external appearance and landscaping of the development as reserved matters for the subsequent approval of the local planning authority.

(3) Section 10 above shall apply in relation to the planning permission deemed by subsection (1) above to be granted as it applies in relation to the planning permission deemed by subsection (1) of section 9 above to be granted, so far as relating to development to which subsection (2) or (4) of that section applies.

(4) The carrying out or maintenance of any work on land within the relevant limits is authorised by virtue of this section if it is done in accordance with the planning permission deemed by subsection (1) above to be granted, notwithstanding that it involves—

(a) interference with an interest or right to which subsection (5) below applies, or

(b) a breach of a restriction as to the user of land by virtue of a contract.

(5) The interests and rights to which this subsection applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right of support.

(6) In respect of any interference or breach in pursuance of subsection (4) above, compensation shall be—

(a) payable under section 7 or 10 of the M2 Compulsory Purchase Act 1965, and

(b) assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—

(i) the compensation is to be estimated in connection with a purchase under that Act, or

(ii) the injury arises from the execution of works on land acquired under that Act.

(7) Nothing in subsection (4) above shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in that subsection.

(8) In this section, references to the relevant limits are to the limits of land for concrete batching facilities which are shown on the deposited plans.

Marginal Citations

M1 1990 c. 8.

M2 1965 c. 56.