PART 2Principal powers

Disapplication and modification of legislative provisions6.

(1)

The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project—

(a)

the 2016 Regulations, to the extent that they require a permit for anything that would have required consent made under section 109 of the Water Resources Act 199128 immediately before the repeal of that section or for any activities defined under the 2016 Regulations as flood risk activities;

(b)

Section 23 (prohibition of obstructions etc. in watercourses)29 of the Land Drainage Act 1991;

(c)

the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991 (byelaw-making powers of the Appropriate Agency) that require consent or approval for the carrying out of the works;

(d)

the provisions of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of the Land Drainage Act 1991 that require consent or approval for the carrying out of the works; and

(e)

the provisions of the Neighbourhood Planning Act 201730 in so far as they relate to the temporary possession of land under articles 25 (temporary use of land for carrying out the authorised project) and 26 (temporary use of land for maintaining the authorised project) under this Order.

(2)

For the purpose of carrying out development authorised by this Order only, regulation 6(1) (permitted work)31 of the Hedgerows Regulations 1997 (permitted work) is deemed to be amended by inserting the following sub-paragraph after sub-paragraph (1)(j)—

“or

(k)

for carrying out development which has been authorised by an order granting development consent pursuant to section 114 of the Planning Act 2008.”.

(3)

In the event that any compliance with the provision of—

(a)

this Order means that the A47 Tuddenham Scheme will be carried out in breach of the terms of the A47 Tuddenham Order or that National Highways cannot comply with the terms of the A47 Tuddenham Order; or

(b)

the A47 Tuddenham Order means that the authorised development will be carried out in breach of the terms of this Order or that the undertaker cannot comply with the terms of this Order;

section 161(1) of the 2008 Act shall not apply to that breach.