Planning Act 2008

Valid from 12/11/2009

Section 120

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

Part 1 E+W+S The matters

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

5 E+W+S The operation of a generating station.

Valid from 01/03/2010

6 E+W+S Keeping electric lines installed above ground.

Valid from 01/03/2010

7 E+W+S The use of underground gas storage facilities.

Valid from 01/03/2010

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

Valid from 01/03/2010

9 E+W+S Freeing 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.

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

12 E+W+S Carrying out surveys or taking soil samples.

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

15 E+W+S Carrying out civil engineering or other works.

Valid from 01/03/2010

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

Valid from 01/03/2010

17 E+W+S The stopping up or diversion of highways.

Valid from 01/03/2010

18 E+W+S Charging tolls, fares and other charges.

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

27 E+W+S Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to have been given by the Secretary of State for operations specified in the order and subject to such conditions as may be specified in the order.

Valid from 01/03/2010

28 E+W+S Deeming any such conditions to have been imposed by the Secretary of State under that section.

Valid from 01/03/2010

29 E+W+S Deeming a licence under Part 2 of the Food and Environment Protection Act 1985 (c. 48) to have been issued by a specified licensing authority for operations specified in the order and subject to such provisions as may be specified in the order.

Valid from 01/03/2010

30 E+W+S Deeming any such provisions to have been included in the licence by the specified licensing authority by virtue of that Act.

Valid from 01/03/2010

31 E+W+S The creation of a harbour authority.

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

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

Valid from 01/03/2010

35 E+W+S The payment of contributions.

Valid from 01/03/2010

36 E+W+S The payment of compensation.

Valid from 01/03/2010

37 E+W+S The submission of disputes to arbitration.

Valid from 01/03/2010

38 E+W+S The alteration of borrowing limits.

Valid from 01/03/2010

Part 2 E+W+S Interpretation

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”.