PART 2PRINCIPAL POWERS

Application and modification of statutory provisions6.

(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 purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development—

(a)

section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 199128;

(b)

section 32 (variation of awards)29 of the Land Drainage Act 1991;

(c)

the provisions of any byelaws made under section 6630 (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 (bylaw making powers of the authority) to the Water Resources Act 199131;

(e)

section 118 (consent request for discharge of trade effluent into public sewer) of the Water Industry Act 1991;

(f)

regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 201632;

(g)

the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and

(h)

the provisions of the Neighbourhood Planning Act 201733 insofar as they relate to the temporary possession of land under articles 27 (temporary use of land for constructing the authorised development) and 28 (temporary use of land for maintaining the authorised development) of this Order.

(2)

For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 196734 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

(3)

Notwithstanding 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 201035 any building comprised in the authorised development is deemed 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.

(4)

As from the date on which the permitted preliminary works are carried out or the authorised development is commenced, whichever is the earlier, any conditions of the Park Farm planning permission that relate to the land at plot 1/2C cease to have effect to the extent that they are inconsistent with the authorised development or with anything done or approved under Schedule 2 (requirements).