Article 8 Application and modification of legislative provisionsI1

England and Wales

The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a)

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 authority) to the Water Resources Act 1991^f1;

(b)

the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991^f2;

(c)

sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991^f3;

(d)

regulation 12 (requirement for environmental permit) of the 2016 Regulations in respect of a flood risk activity only;

(e)

the provisions of the Neighbourhood Planning Act 2017^f4 in so far as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order;

(f)

Sections 6 (grass verges etc.) and 30 (unauthorised structures on seashore) of the Essex Act 1987^f5;

(g)

Holland Haven Country Park Local Nature reserve byelaws made by Tendring District Council on 5th July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949^f6 in accordance with section 236 of the Local Government Act 1972^f7; and

(h)

Regulation 6 of the Hedgerows Regulations 1997^f8 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

“(k)

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

Annotations

Commencement

I1: Art. 8 in force at 8.1.2026, see art. 1

Footnotes

f1: 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), paragraph 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 paragraph 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.
f2: 1991 c. 59. Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and section 86(3) of the Water Act 2014 (c. 21).
f3: 1991 c. 59. Section 23 was amended by section 120(1) of, and paragraph 192 of Schedule 22 to, the Environment Act 1995 and section 31 of, and paragraphs 25 and 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29).
f4: 2017 c. 20.
f5: 1987 c. xx.
f6: 1949 c. 97. Section 20 was amended by schedule 11 of the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments which are not relevant to this Order. Sections 21 and 106 were amended by the schedule 11 of the Natural Environment and Rural Communities Act 2006 (c. 16) and schedule 20 of the Local Government Act 1972 (c. 70). There are other amendments which are not relevant to this Order.
f7: 1972 c. 20. Section 236 was amended by section 84 of the Local Government Act 1985 (c. 51), schedule 6 of the Local Democracy, Economic Development and Construction Act 2009 and section 55 of the Levelling-up and Regeneration Act 2023. There are other amendments which are not relevant to this Order.
f8: S.I. 1997/1160.