3.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation or maintenance of any part of the authorised development—
(a)section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991 M1;
(b)section 32 M2 (variation of awards) of the Land Drainage Act 1991;
(c)the provisions of any byelaws made under section 66 M3 (powers to make byelaws) of the Land Drainage Act 1991;
(d)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the authority) to the Water Resources Act 1991 M4;
(e)regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 M5 in respect of a flood risk activity only; and
(f)the provisions of the Neighbourhood Planning Act 2017 M6 in so far as they relate to temporary possession of land under articles 35 (temporary use of land for constructing the authorised development) and 36 (temporary use of land for maintaining the authorised development) of this Order.
(2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010 M7 any building comprised in the authorised development is deemed to be a building into which people do not normally go.
(3) The provisions of the Allotments Act 1922 M8 do not apply to the exercise by the undertaker of any functions under this Order.
Commencement Information
I1Art. 3 in force at 15.10.2020, see art. 1
Marginal Citations
M11991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.
M2Section 32 was amended by S.I. 2013/755.
M3Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).
M41991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to the 2009 Act and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to the 2009 Act and S.I 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
M5S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.
M7S.I. 2010/948 as amended by S.I. 2011/987.
M81922 c. 51. Act saved by section 100(10) of the Agricultural Holdings Act 1948 (c. 63), restricted by section 9 of the Allotments Act 1950 (c. 31).