PART 1PRELIMINARY

Disapplication of legislative provisionsI13

1

The provisions of the Neighbourhood Planning Act 201726 insofar as they relate to temporary possession of land under articles 37 (temporary use of land for carrying out the authorised development) and 38 (temporary use of land for maintaining the authorised development) do not apply in relation to the construction of 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 38(13), any maintenance of any part of the authorised development.

2

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

regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 201627 in relation to the carrying on of a flood risk activity;

b

the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 199128;

c

section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 199129;

d

section 3230 (variation of awards) of the Land Drainage Act 1991;

e

section 15 (temporary closure of recreational waterways) of the Anglian Water Authority Act 197731;

f

Part 11 (Community Infrastructure Levy) of the 2008 Act; and

g

the provisions of any byelaws made under section 6632 (powers to make byelaws) of the Land Drainage Act 1991.

3

In paragraph (2)(a) “flood risk activity” has the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.