Channel Tunnel Rail Link Act 1996

Section 12.

SCHEDULE 7 U.K. Heritage

Listed buildings and conservation areas U.K.

1 (1) Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table— U.K.

(a) section 7 of the M1 Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,

(b) to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c) no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and

(d) no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.

(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.

(4) If a building included in a conservation area and not a listed building—

(a) was not included in a conservation area immediately before 30th September 1994, or

(b) was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,

section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.

(5) Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(6) In this paragraph, “building”and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

Marginal Citations

M1 1990 c. 9

The Table U.K. Buildings Authorised to be Demolished

(1)	(2)	(3)
Area	Buildings authorised to be demolished	Limit of authorised demolition or alteration
GREATER LONDON
London Borough of Camden	St. Pancras Station and Chambers comprising trainshed, Chambers and ancillary buildings, including those in the forecourt. Grade I.	Demolition of structures at ground and upper levels to the north and on the west side of the trainshed and alterations and partial demolition elsewhere.
	Great Northern Hotel, Pancras Road. Grade II.	Partial demolitions and alterations in service yard and remedial alterations elsewhere.
	26 Pancras Road (German Gymnasium). Grade II.	Demolition of entrance, including stairs and passageway, and western hall and alterations and partial demolition elsewhere.
	Kings Cross Station. Grade I.	Demolition of porte cochere and part of west side offices and remedial alterations elsewhere.
	Front boundary wall to Euston Road Fire Brigade Station. Grade II.
	Flats 1 to 20 Stanley Buildings, Stanley Passage (south side). Grade II.	Demolition of flats 1 to 10 and remedial alterations elsewhere.
	3 linked gas holders, Goods Way (west side). Grade II.
	Water point north of St. Pancras Station. Grade II.
	Nos. 1 to 11 (odd) Euston Road.
	Red Star Parcels office, Cheney Road.
	Former Police buildings, Cheney Road.
	Former Motorail Terminal, Cheney Road.
	South Side Buildings, Wellers Court.
	British Rail Staff Association Clubhouse, 2b Pancras Road.
	Kings Cross taxi park cafe (temporary building), Pancras Road.
	22, 24, 28, 30 and 32 Pancras Road.
	Buildings at 40 Pancras Road.
	1 to 4 Gas Works Cottages, Battle Bridge Road.
	Single unlisted gas holder, associated gas governor and gas supply building and apparatus, Battle Bridge Road.
	Units 1 to 6, 1 Battle Bridge Road.
	The Battle Bridge Centre, 2 to 6 Battle Bridge Road.
	Warehouse, 1 and 2 Goods Way.
	1 Camley Street.
	Fuel depot and electricity substation complex, Wharf Road.
	Railway bridge (No. 8) over Regent’s Canal.
	Railway bridge (No. 6) over Camley Street.
	Light industrial unit, Camley Street (south of railway bridge No. 6).
	2 solid waste transfer stations, Camley Street.
	2 unlisted gas holders, Camley Street (west side).
	No. 1 Midland Road and railway bridge No.1, at the junction of Pancras Road and Goods Way.
	Arches 42 to 47 inclusive, 48 to 54 (even), 58 to 90(a) (even) (east side of Pancras Road) and disused coal drops above.
	Boundary wall to Neville Close and arches 113-115 (west side of Pancras Road).
	Walls along the west side of Midland Road, and along the south side of Brill Place, including incorporated structures at ground and upper levels.
	Boundary walls and fences to east side of Pancras Road, south of Battle Bridge Road; north side of Clarence Passage; north and south sides of Stanley Passage; east and west side of Cheney Road; north and south sides of Battle Bridge Road; south side of Goods Way; north side of Goods Way, west of the concrete canal bridge; west side of Camley Street, south of the railway bridge; southern section of east side of Camley Street.
	Any other walls, fences, parapets, bridge inverts, underground structures, plant, machinery and towpath works as required to be demolished to construct the works authorised by this Part of this Act within King’s Cross/St. Pancras, Regent’s Canal, Camden Square and Bartholomew Estate Conservation Areas.
London Borough of Islington	Caledonian Road and Barnsbury Station Ticket Office.
COUNTY OF KENT
Borough of Gravesham, Parish of Cobham	Parish boundary stone, Brewers Road. Grade II.
Borough of Ashford, Parish of Charing	Brockton, Egerton Road, Charing Heath. Grade II.
	Weatherboarded barn to the east of Brockton. Grade II.
Borough of Ashford, Parish of Hothfield	Yonsea, Maidstone Road. Grade II.
	Oasthouse to the south of Yonsea, Maidstone Road. Grade II.
	Granary and cartshed to the north west of Yonsea, Maidstone Road. Grade II.
	Yonsea Bungalow, Maidstone Road. Grade II.
	Range of barns 50 metres to the north of Yonsea, Maidstone Road. Grade II.
	Range of barns 50 metres to the west of Yonsea, Maidstone Road. Grade II.
Borough of Ashford, Town of Ashford	2 Boys Hall Road. Grade II.
	4 Boys Hall Road. Grade II.
District of Shepway, Parish of Sellindge	Railway Cottages (Talbot House). Grade II.

2 (1) In the case of a listed building to which sub-paragraph (2) below applies— U.K.

(a) section 7 of the M2 Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,

(b) to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c) no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and

(d) no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) This sub-paragraph applies to a listed building if—

(a) it was not such a building immediately before 30th September 1994, or

(b) it was such a building immediately before that date and is specified in the following table.

(3) Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(4) In this paragraph, “building” and “listed building” have the same meanings as in the M3 Planning (Listed Buildings and Conservation Areas) Act 1990.

Marginal Citations

M2 1990 c. 9.

M3 1990 c. 9.

The Table U.K. Buildings Authorised to be Extended and Altered

Area	Building
GREATER LONDON
London Borough of Camden	Flats 21 — 30 Stanley Buildings, Clarence Passage (north side). Grade II.
	Lock Keepers Cottage, Camley Street. Grade II.
	The Granary, York Way. Grade II.
	Gas holder, Goods Way (east side). Grade II.
London Borough of Islington	302 — 304 Liverpool Road. Grade II.
	1 — 4 Highbury Place. Grade II.
	Church of St Jude, Mildmay Grove. Grade II.
	111 Mildmay Grove. Grade II.
London Borough of Hackney	Lodge to west entrance of the German Hospital, Ritson Road. Grade II.
	Main block and attached extension to the east of the German Hospital, Ritson Road. Grade II.
	Church of St. Luke, Woodbine Terrace. Grade C.
	Mission Hall to the north of St. Mary of Eton, Eastway. Grade II.
COUNTY OF ESSEX
Borough of Thurrock	Barn to north of High House, London Road, Purfleet. Grade II.
COUNTY OF KENT
Borough of Gravesham, Town of Gravesend	24/25 The Hill (Coach and Horses public house) Northfleet. Grade II.
Borough of Maidstone, Parish of Lenham	Oxley House, Boughton Road. Grade II.
	Old Cottage and Water Street Cottage, Lenham Heath Road. Grade II.
	Yew Tree Cottage, Hook Street, Lenham Heath. Grade II.
Borough of Ashford, Parish of Charing	Rose Cottage, Westwell Leacon. Grade II.
	The Old Parsonage Farmhouse, Maidstone Road. Grade II.
Borough of Ashford, Town of Ashford	Industrial building belonging to Knowles Removals and Storage, Station Road. Grade II.
	Willesborough and District Labour Club, Bentley Road. Grade II.
Borough of Ashford, Parish of Sevington	Orchard Cottage, Church Road. Grade II.
	Nos. 1 and 2 Maytree Cottages, Church Road. Grade II.
	Bridge Cottage, Highfield Lane, Sevington. Grade II.
Borough of Ashford, Parish of Mersham	Bridge House, Church Road. Grade II.
District of Shepway, Parish of Sellindge	Stream Cottage and Grove Bridge Cottage, Barrow Hill. Grade II.

3 U.K. Section 59 of the M4 Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

Marginal Citations

M4 1990 c. 9.

Ancient monuments etc. U.K.

4 (1) This paragraph has effect in relation to the M5 Ancient Monuments and Archaeological Areas Act 1979. U.K.

(2) Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.

(3) The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.

(4) The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.

(5) Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.

(6) Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(7) The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.

(8) In section 25 (treatment of ancient monuments)—

(a) subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and

(b) subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.

(9) Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(10) Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.

(11) Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.

(12) Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

(13) Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

Marginal Citations

M5 1979 c. 46.

5 (1) The power of entry conferred by section 36(1) of the M6 National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld. U.K.

(2) Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.

(3) Section 36(6) of the M7 National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.

(4) Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by [F1 the appropriate Minister].

(5) In sub-paragraph (4) above, “appropriate [F2 Minister]” means—

(a) in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, [F3 [F4 the Secretary of State for Culture, Media and Sport] and [F5 the Secretary of State for Transports] acting jointly], and

(b) in relation to a dispute about entry for the purpose of obtaining information about an historic building, [F6 the Secretary of State].

(6) In sub-paragraph (5) above, “ancient monument” and “historic building” have the meanings given by section 33(8) of the National Heritage Act 1983.

Textual Amendments

F1 Words in Sch. 7 para. 5(4) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(a)

F2 Word in Sch. 7 para. 5(5) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(b)(i)

F3 Words in Sch. 7 para. 5(5)(a) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(b)(ii)

F4 Words in Sch. 7 para. 5(5)(a) substituted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. paras. 6

F5 Words in Sch. 7 para. 5(5)(a) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 21(5)

F6 Words in Sch. 7 para. 5(5)(b) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(b)(iii)

Marginal Citations

M6 1983 c. 47.

M7 1983 c. 47.