The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013

Transitional and Savings

This section has no associated Explanatory Memorandum

5.—(1) Where an application has been made, before the day on which this Order comes into force for an order granting development consent for a highway-related development or the construction or alteration of a railway, but such application has not been decided before that day—

(a)the application must continue to be considered and such an order must be made or development consent refused in accordance with the provisions of the Act;

(b)the provisions of the Act are to continue to apply to any such order that is made or to any refusal of development consent; and

(c)any such order is to have effect and the provisions of the Act are to apply in relation to the highway-related development or the construction or alteration of a railway in respect of which the order is made,

as if, in each case, the amendments made by this Order had not been made.

(2) Where, before the coming into force of this Order, an order has been made to grant development consent for a highway-related development or the construction or alteration of a railway or an application for an order has been refused—

(a)the provisions of the Act are to continue to apply to any such order or to any refusal of development consent; and

(b)any such order is to have effect and the provisions of the Act are to apply in relation to the highway-relevant development or the construction or alteration of a railway in respect of which the order has been made,

as if, in each case, the amendments made by this Order had not been made.