Crossrail Act 2008

County conditions: qualifying authority U.K.

20 (1) The requirements set out in paragraphs 21 to 23 shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule. U.K.

(2) For the purposes of sub-paragraph (1), relevant development is development consisting of—

(a) the disposal of waste or spoil, or

(b) the excavation of bulk materials from borrow pits.

(3) The requirement set out in paragraph 24 shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

21 (1) To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker. U.K.

(2) The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(3) Where the county planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specific respect, include a plan or specification showing the additional details.

(4) The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table.

(1)	(2)
Operation or work	Grounds
1. Waste and spoil disposal The disposal of waste or spoil.	That— (a) the design or external appearance of disposal sites on land within the relevant limits, (b) the methods by which such sites are worked, or (c) the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified, and are reasonably capable of being modified. That— (a) to preserve the local environment or local amenity, (b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or (c) to preserve a site of archaeological or historic interest or nature conservation value, the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.
2. Borrow pits The excavation of bulk materials from borrow pits.	That— (a) the design or external appearance of borrow pits on land within the relevant limits, (b) the methods by which such pits are worked, or (c) the noise, dust, vibration or screening arrangements during the operation of such pits, ought to be modified, and are reasonably capable of being modified. That— (a) to preserve the local environment or local amenity, (b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or (c) to preserve a site of archaeological or historic interest or nature conservation value, the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

(5) In the case of each of the items in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which—

(a) is within the limits of deviation for the scheduled works, or

(b) consists of the use of land specified in columns (1) and (2) of Part 1 of Schedule 6 for a purpose specified in relation to the land in column (3) of that Part.

(6) Sub-paragraph (4) (as it has effect with sub-paragraph (5)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

22 (1) Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2). U.K.

(2) The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is—

(a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority's area, or

(b) the ground specified in relation to the matter in column (2) of the table.

(1)	(2)
Matters	Grounds
1. Storage sites Sites on land within the relevant limits at which— (a) minerals, aggregates or other construction materials required for the development, or (b) spoil or top soil, are to be stored until used or re-used in carrying out the development or disposed of as waste.	That the arrangements ought to be modified— (a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or (b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.
2. Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.	As item 1.
3. Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.	As item 1.
4. Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.	That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
5. Suppression of dust The suppression of dust caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.	As item 4.
6. Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying out the development.	That the arrangements ought to be modified— (a) to preserve the local environment or local amenity, or (b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(3) The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

(4) In sub-paragraph (1), the reference to arrangements, in relation to item 4 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

23 (1) To the extent that development consists of— U.K.

(a) the disposal of waste or spoil, or

(b) the excavation of bulk materials from borrow pits,

it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

(2) The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

(3) The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) applies.

(4) In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

24 (1) Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the routes by which anything is to be transported on a highway by a large goods vehicle to— U.K.

(a) a working or storage site,

(b) a site where it will be re-used, or

(c) a waste disposal site.

(2) No arrangements for the purposes of sub-paragraph (1) shall be required—

(a) in relation to transportation on a special road or trunk road, or

(b) in relation to transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

(3) The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—

(a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority's area, or

(b) that the arrangements ought to be modified to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(4) The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.