Article 52 Disapplication and modification of legislative provisionsI1

England, Wales and Scotland As made

(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 or maintenance of the authorised development—

(a)

section 32 (variation of awards) of the Land Drainage Act 1991^f1; and

(b)

the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991^f2;

(2)

The provisions of the Neighbourhood Planning Act 2017^f3, insofar as they relate to temporary possession of land under articles 38 (temporary use of land for carrying out the authorised development) and 39 (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 39(13) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

(3)

The provisions of the Traffic Management (Coventry City Council) Permit Scheme Order 2014^f4 will not have effect in relation to any “works” or “urgent activities or works” (as those terms are defined in that Order) which are required for the carrying out of the authorised development.

(4)

Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010^f5 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.

Annotations

Commencement

I1: Art. 52 in force at 25.2.2026, see art. 1

Footnotes

f1: 1991 c. 59. Section 32 was amended by S.I. 2013/755.
f2: 1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraphs 40 and 49 of Schedule 25 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c. 25), section 224 of, and paragraphs 20 and 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
f3: 2017 c. 20.
f4: The Traffic Management (Coventry City Council) Permit Scheme Order 2014 (S.I. 2014/3311) was made under Part 3 of the Traffic Management Act 2004 (c. 18) and the Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372) as amended by Traffic Management Permit Scheme (England) (Amendment) Regulations 2015 (S.I. 2015/958).
f5: S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments but none are relevant to this Order.