SCHEDULES

SCHEDULE 5Provision relating to, or to matters ancillary to, development

Section 120

Part 1The matters

I11

The acquisition of land, compulsorily or by agreement.

I22

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.

I33

The abrogation or modification of agreements relating to land.

I44

Carrying out specified excavation, mining, quarrying or boring operations in a specified area.

I55

The operation of a generating station.

I66

Keeping electric lines installed above ground.

I77

The use of underground gas storage facilities.

I88

The sale, exchange or appropriation of Green Belt land.

I99

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.

I1010

The protection of the property or interests of any person.

I1111

The imposition or exclusion of obligations or liability in respect of acts or omissions.

I1212

Carrying out surveys or taking soil samples.

I1313

Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.

I1414

The removal, disposal or re-siting of apparatus.

I1515

Carrying out civil engineering or other works.

I1616

The diversion of navigable or non-navigable watercourses.

I1717

The stopping up or diversion of highways.

I1818

Charging tolls, fares and other charges.

I1919

The designation of a highway as a trunk road or special road.

I2020

The specification of the classes of traffic authorised to use a highway.

I2121

The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.

I2222

The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.

I2323

The specification of the highway authority for a highway.

I2424

The operation and maintenance of a transport system.

I2525

Entering into an agreement for the provision of police services.

I2626

The discharge of water into inland waters or underground strata.

I2727

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.

I2828

Deeming any such conditions to have been imposed by the Secretary of State under that section.

I2929

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.

I3030

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

F130A

Deeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State for activities specified in the order and subject to such conditions as may be specified in the order.

30B

Deeming any such conditions to have been attached to the marine licence by the Secretary of State under that Part.

I3131

The creation of a harbour authority.

I3232

Changing the powers and duties of a harbour authority.

I3333

The transfer of property, rights, liabilities, or functions.

I3434

The transfer, leasing, suspension, discontinuance and revival of undertakings.

I3535

The payment of contributions.

I3636

The payment of compensation.

I3737

The submission of disputes to arbitration.

I3838

The alteration of borrowing limits.

Part 2Interpretation

I3939

1

This paragraph applies for the purposes of this Schedule.

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”.