PART 6MISCELLANEOUS AND GENERAL

Disapplication, application and modification of legislative provisions44

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 of the authorised development—

a

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 199158;

b

section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 199159 in relation to watercourses for which Staffordshire County Council is the drainage board concerned;

c

section 3260 (variation of awards) of the Land Drainage Act 1991;

d

the provisions of any byelaws made under section 6661 (powers to make byelaws) of the Land Drainage Act 1991; and

e

section 28E (duties in relation to sites of special scientific interest) of the Wildlife and Countryside Act 198162.

2

The provisions of the Neighbourhood Planning Act 201763 do not apply in so far as they relate to the temporary possession of land under articles 34 (temporary use of land for carrying out the authorised development) and 35 (temporary use of land for maintaining the authorised development) of this Order.

3

Any development, or any part of a development within the Order limits which is constructed or used under the authority of a planning permission pursuant to Part 3 of the 1990 Act (whether express or otherwise) following the coming into force of this Order is to be disregarded at all times for the purposes of ascertaining whether or not an offence has been committed under the provisions of sections 160 (development without development consent) and 161 (breach of terms of order granting development consent) of the 2008 Act64.

4

Regulation 4 (requirement for consent) of the 2007 Regulations does not apply to any advertisement approved by the local planning authority under requirement 4 (detailed design approval).

5

This Order does not constitute a planning permission for the purposes of Part 11 of the 2008 Act notwithstanding the definition of planning permission contained within article 5 (meaning of planning permission) of the 2010 Regulations.

6

Sections 158(1) and (2) (nuisance: statutory authority) of the 2008 Act do not apply to the authorised development.

7

Schedule 14 (miscellaneous controls) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

8

Paragraphs (1) to (7) only apply in so far as those provisions are not inconsistent with the 2017 EIA Regulations and any orders, rules or regulations made under the 2008 Act.