Article 45 Disapplication of legislative provisionsI1

England and Wales

(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)

sections 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991^f1; and

(b)

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

(2)

The provisions of the Neighbourhood Planning Act 2017^f2, insofar as they relate to the temporary possession of, or entry into, land under 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 38(13) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

(3)

Notwithstanding 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^f3 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.

Annotations

Commencement

I1: Art. 45 in force at 12.10.2025, see art. 1

Footnotes

f1: 1991 c. 59.
f2: 2017 c. 20.
f3: S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments that are not relevant to this Order.