Article 3 Disapplication and modification of legislative provisionsI1
England and Wales
The provisions of the Neighbourhood Planning Act 2017f1 insofar as they relate to temporary possession of land under articles 39 (temporary use of land for carrying out the authorised development) and 40 (temporary use of land for maintaining the authorised development) of this Order do not apply in relation to the construction of works 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 40(13), any maintenance of any part of the authorised development.
Regulation 6 of the Hedgerows Regulations 1997f2 is modified so that it has effect as if after paragraph (1)(j) there were inserted—
“(k)or for carrying out or the maintenance of development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”.
Section 32f3 (variation of awards) of the Land Drainage Act 1991 does 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.
Annotations
Commencement
- I1
Art. 3 in force at 22.10.2025, see art. 1
Footnotes
- f1
- f2
-
S.I. 1997/1160, there are amendments to regulation 6 but none are relevant to this Order.
- f3
-
1991 c. 59. Section 32 was amended by S.I. 2013/755.