The M3 Junction 9 Development Consent Order 2024

Prospective

Disapplication of legislative provisions E+W

3.—(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 and, within any maintenance period defined in article 35(11), any maintenance of any part of the authorised development—

(a) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(1) 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, paragraphs 5, 6 or 6A of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991(2);

(c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991(3) including, but not limited to, the Southern Water Authority Land Drainage and Sea Defence Byelaws 1981;

(d) sections 28E (duties in relation to sites of special scientific interest) and 28H (Statutory undertakers, etc.: duty in relation to carrying out operations) of the Wildlife and Countryside Act 1981(4); and

(e) in so far as they relate to the temporary possession of land, the provisions of the Neighbourhood Planning Act 2017(5).

(2) In paragraph 3(1)(a) “flood risk activity”(6) has the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.

Commencement Information

I1 Art. 3 in force at 9.10.2024 (as amended by S.I. 2024/1020, Sch.), see art. 1

(1)

S.I. 2016/1154.

(2)

1991 c. 57. Paragraph 5 was amended by section 100(2) of the Natural Environment and Rural Communities Act 2006 (c. 16), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29), section 84(2) of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraph 32(2) and (3) of Schedule 10 to the Fisheries Act 2020 (c. 22) and by S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c. 25), section 224(2), (4), (5), (6) and (9) of, and paragraph 24(2) and (3) of Schedule 16 and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 and by S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

(3)

1991 c. 59.

(4)

1981 c. 69.

(5)

2017 c. 20.

(6)

This term is defined in paragraph 3 of Part 1 of Schedule 25 to the Regulations.