The M42 Junction 6 Development Consent Order 2020

Application, disapplication and modification of legislative provisions

49.—(1) The provisions of the Neighbourhood Planning Act 2017(1), insofar as they relate to temporary possession of land under articles 33 (temporary use of land for carrying out the authorised development) and 34 (temporary use of land for maintaining the authorised development) of this Order, 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 and, within the maintenance period defined in article 34(13), any maintenance of any part of the authorised development.

(2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010(2) any building comprised in the authorised development is to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

(1)

2017 c. 20.

(2)

S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments which are not relevant to this Order.