SCHEDULES

SCHEDULE 2Amendments consequential on development consent regime

Highways Act 1980 (c. 66)

21

The Highways Act 1980 is amended as follows.

22

In section 10 (general provision as to trunk roads) after subsection (2) insert—

“(2A)

Subsection (2) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

23

In section 14 (powers as respects roads that cross or join trunk roads etc.) after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

24

In section 16 (general provision as to special roads) after subsection (3) insert—

“(3A)

Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required).”

25

In section 18 (supplementary orders relating to special roads) after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

26

In section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) after subsection (4) insert—

“(4A)

Subsections (1) and (3) are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders or schemes in relation to highways for which development consent required).”

27

In section 108 (power to divert navigable watercourses) after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

28

In section 110 (power to divert non-navigable watercourses and to carry out other works) after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

29

(1)

Section 329(1) (further provision as to interpretation of Act) is amended as follows.

(2)

In the definition of “special road” after “section 16 above” insert “ or by virtue of an order granting development consent under the Planning Act 2008 ”.

(3)

In the definition of “trunk road” after “section 10 above” insert “ or an order granting development consent under the Planning Act 2008, ”.

30

For section 337 (saving for obligation to obtain planning permission) substitute—

“337Saving for obligation to obtain planning permission or development consent

Nothing in this Act authorises—

(a)

the carrying out of any development of land for which permission is required by virtue of section 57 of the Town and Country Planning Act 1990 and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part 3 of that Act; or

(b)

the carrying out of any development for which development consent is required under the Planning Act 2008 and for which development consent has not been granted under that Act.”