Planning Act 2008

Section 120

SCHEDULE 5E+W+SProvision relating to, or to matters ancillary to, development

This Atodlen has no associated Nodiadau Esboniadol

Part 1E+W+SThe matters

1E+W+SThe acquisition of land, compulsorily or by agreement.

Commencement Information

I1Sch. 5 para. 1 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

2E+W+SThe creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement.

Commencement Information

I2Sch. 5 para. 2 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

3E+W+SThe abrogation or modification of agreements relating to land.

Commencement Information

I3Sch. 5 para. 3 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

4E+W+SCarrying out specified excavation, mining, quarrying or boring operations in a specified area.

Commencement Information

I4Sch. 5 para. 4 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

5E+W+SThe operation of a generating station.

Commencement Information

I5Sch. 5 para. 5 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

6E+W+SKeeping electric lines installed above ground.

Commencement Information

I6Sch. 5 para. 6 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

7E+W+SThe use of underground gas storage facilities.

Commencement Information

I7Sch. 5 para. 7 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

8E+W+SThe sale, exchange or appropriation of Green Belt land.

Commencement Information

I8Sch. 5 para. 8 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

9E+W+SFreeing land from any restriction imposed on it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.

Commencement Information

I9Sch. 5 para. 9 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

10E+W+SThe protection of the property or interests of any person.

Commencement Information

I10Sch. 5 para. 10 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

11E+W+SThe imposition or exclusion of obligations or liability in respect of acts or omissions.

Commencement Information

I11Sch. 5 para. 11 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

12E+W+SCarrying out surveys or taking soil samples.

Commencement Information

I12Sch. 5 para. 12 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

13E+W+SCutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.

Commencement Information

I13Sch. 5 para. 13 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

14E+W+SThe removal, disposal or re-siting of apparatus.

Commencement Information

I14Sch. 5 para. 14 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

15E+W+SCarrying out civil engineering or other works.

Commencement Information

I15Sch. 5 para. 15 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

16E+W+SThe diversion of navigable or non-navigable watercourses.

Commencement Information

I16Sch. 5 para. 16 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

17E+W+SThe stopping up or diversion of highways.

Commencement Information

I17Sch. 5 para. 17 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

18E+W+SCharging tolls, fares [F1(including penalty fares)] and other charges.

Textual Amendments

Commencement Information

I18Sch. 5 para. 18 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

19E+W+SThe designation of a highway as a trunk road or special road.

Commencement Information

I19Sch. 5 para. 19 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

20E+W+SThe specification of the classes of traffic authorised to use a highway.

Commencement Information

I20Sch. 5 para. 20 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

21E+W+SThe appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.

Commencement Information

I21Sch. 5 para. 21 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

22E+W+SThe transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.

Commencement Information

I22Sch. 5 para. 22 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

23E+W+SThe specification of the highway authority for a highway.

Commencement Information

I23Sch. 5 para. 23 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

24E+W+SThe operation and maintenance of a transport system.

Commencement Information

I24Sch. 5 para. 24 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

25E+W+SEntering into an agreement for the provision of police services.

Commencement Information

I25Sch. 5 para. 25 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

26E+W+SThe discharge of water into inland waters or underground strata.

Commencement Information

I26Sch. 5 para. 26 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

F227E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F229E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F230E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F330AE+W+SDeeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State [F4or the Welsh Ministers] for activities specified in the order and subject to such conditions as may be specified in the order.

Textual Amendments

F3Sch. 5 paras. 30A, 30B inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 8 para. 4(5) (with s. 111); S.I. 2011/556, art. 3(2)(a)

F4Words in Sch. 5 paras. 30A, 30B inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 76 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

30BE+W+SDeeming any such conditions to have been attached to the marine licence by the Secretary of State [F4or the Welsh Ministers] under that Part.]

Textual Amendments

F3Sch. 5 paras. 30A, 30B inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 8 para. 4(5) (with s. 111); S.I. 2011/556, art. 3(2)(a)

F4Words in Sch. 5 paras. 30A, 30B inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 76 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

31E+W+SThe creation of a harbour authority.

Commencement Information

I27Sch. 5 para. 31 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

32E+W+SChanging the powers and duties of a harbour authority.

Commencement Information

I28Sch. 5 para. 32 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

[F532AE+W+SThe making of byelaws by any person and their enforcement.

Textual Amendments

32B(1)The creation of offences within sub-paragraph (2) in connection with—E+W+S

(a)non-payment of tolls, fares or other charges,

(b)a person's failure to give the person's name or address in accordance with provision relating to penalty fares,

(c)enforcement of byelaws, or

(d)construction, improvement, maintenance or management of a harbour.

(2)An offence is within this sub-paragraph if—

(a)it is triable only summarily,

(b)a person guilty of the offence is not liable to imprisonment, and

(c)any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.]

Textual Amendments

33E+W+SThe transfer of property, rights, liabilities, or functions.

Commencement Information

I29Sch. 5 para. 33 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

34E+W+SThe transfer, leasing, suspension, discontinuance and revival of undertakings.

Commencement Information

I30Sch. 5 para. 34 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

35E+W+SThe payment of contributions.

Commencement Information

I31Sch. 5 para. 35 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

36E+W+SThe payment of compensation.

Commencement Information

I32Sch. 5 para. 36 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

37E+W+SThe submission of disputes to arbitration.

Commencement Information

I33Sch. 5 para. 37 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

38E+W+SThe alteration of borrowing limits.

Commencement Information

I34Sch. 5 para. 38 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)

Part 2E+W+SInterpretation

39(1)This paragraph applies for the purposes of this Schedule.E+W+S

(2)“Transport system” means any of the following—

(a)a railway,

(b)a tramway,

(c)a trolley vehicle system,

(d)a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).

(3)“Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.

(4)The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)—

  • “guided transport”,

  • “tramway”,

  • “trolley vehicle system”.

Commencement Information

I35Sch. 5 para. 39 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)