# The A66 Northern Trans-Pennine Development Consent Order 2024, Article 3: Disapplication of legislative provisions

Extent: E+W

(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, operation or maintenance of the authorised development—
(a) section 28E (duties in relation to sites of scientific interest) of the Wildlife and Countryside Act 1981;
(b) section 28H (statutory undertakers, etc.: duty in relation to carrying out operations) of the Wildlife and Countryside Act 1981;
(c) section 80 (notice to local authority of intended demolition) of the Building Act 1984;
(d) section 23 (prohibition of obstructions etc. in watercourses) of the Land Drainage Act 1991;
(e) section 32 (variation of awards) of the Land Drainage Act 1991;
(f) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991;
(g) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6, or 6A of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991;
(h) regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England & Wales) Regulations 2016 in respect of a flood risk activity only; and
(i) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to temporary possession of land under articles 29 (temporary use of land for constructing the authorised development) and 30 (temporary use of land for maintaining the authorised development) of this Order.
(2) Despite 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 2010 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.
(3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967, 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.
(4) The provisions of the following enactments do not apply in so far as those provisions still in force are incompatible with the exercise by the undertaker of the functions conferred by this Order—
(a) The Eden Valley Railway Act 1858;
(b) The Eden Valley Railway Act 1862; and
(c) The Midland Railway (Settle to Carlisle) Act 1866.

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Source: https://www.legislation.gov.uk/uksi/2024/360/article/3 (the official version)
Page: https://openlegislation.uk/a66-northern-trans-pennine-development-consent-order-2024/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.