Article 45
SCHEDULE 14E+W+SMISCELLANEOUS CONTROLS
Public general legislationE+W+S
IntroductionE+W+S
1. This Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.
Highways Act 1980E+W+S
2.—(1) Section 141 (restriction on planting trees etc. in or near carriageway) of the 1980 Act()does not apply to any tree or shrub planted in the course of the authorised development before completion of construction.
(2) Section 167 (powers relating to retaining walls near streets) of the 1980 Act() does not apply in relation to—
(a)the erection of a wall in the course of the authorised development before completion of construction; or
(b)a wall on land on which works are being carried out, or are to be carried out, in pursuance of the authorised development before completion of construction.
New Roads and Street Works Act 1991E+W+S
3.—(1) The powers conferred by section 56(1) and (1A) (powers to give directions as to the timing of proposed and subsisting street works) of the 1991 Act() do not apply in relation to the authorised development.
(2) Section 56A() (power to give directions as to placing of apparatus) of the 1991 Act do not apply in relation to the placing of apparatus in the course of the authorised development.
(3) No restriction under section 58(1)() (power to impose restriction on execution of street works in the twelve months following completion of substantial road works) of the 1991 Act has effect in relation to the authorised development.
(4) Section 61(1) (under which the consent of the street authority is required for the placing of apparatus in a protected street) of the 1991 Act does not apply to the placing of apparatus in the course of the authorised development.
(5) Section 62(2) (power following designation of a protected street to require removal or repositioning of apparatus already placed in the street) of the 1991 Act does not apply in relation to apparatus placed in the course of the authorised development.
(6) Section 62(4) (power when designation as protected street commences or ceases to give directions with respect to works in progress) of the 1991 Act does not apply in relation to the authorised development.
(7) Section 63(1) (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) of the 1991 Act does not apply in relation to the authorised development.
(8) The powers conferred by section 73A(1)() and 78A(1)() (requirements for undertaker to re-surface street) of the 1991 Act are not to be exercised in relation to the authorised development.
(9) Sections 74() and 74A() (charge for occupation of the highway and charge determined by reference to duration of works) of the 1991 Act do not apply in relation to the authorised development.
(10) Schedule 3A() (restriction on works following substantial street works) to the 1991 Act does not apply where a notice under section 54() (advance notice of certain works) or 55() (notice of starting date of works) of that Act is given in respect of the authorised development.
(11) No notice under paragraph 2(1)(d) (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) of Schedule 3A to the 1991 Act has effect to require the notification of works proposed to be carried out in the course of the authorised development.
(12) No directions under paragraph 3 (directions as to the date on which undertakers may begin to execute proposed works) of Schedule 3A to the 1991 Act are to be issued to the undertaker in relation to the authorised development.
(13) Paragraph 3(4) (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) of Schedule 3A to the 1991 Act does not apply in relation to the execution of works in the course of the authorised development.
(14) Paragraph 5(1) (effect of direction under paragraph 4 restricting further works) of Schedule 3A to the 1991 Act does not apply in relation to the execution of works in the course of the authorised development.
Local Government (Miscellaneous Provisions) Act 1976E+W+S
4. Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976() does not apply to the extent that it would make provisions of this Order authorising the authorised development subject to other provisions.