OpenLegislation

Paragraph 12 Detailed designI1

England and Wales

(1)

The authorised development must be designed in detail and carried out so that it is in accordance with—

(a)

the preliminary scheme design shown on the works plans and the engineering and structural drawings and sections;

(b)

the design principles set out in the design principles report,

unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions and the local highway authority on matters related to its functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the engineering drawings and sections showing departures from the preliminary design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2)

The undertaker in relation to the detailed design of the authorised development must have regard to the amended duty to seek to further the purposes specified in section 5(1) of the National Parks and Access to Countryside Act 1949 as set out in section 11A of that Act.

(3)

Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding works plans or engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Annotations

Commencement

I1

Sch. 2 para. 12 in force at 9.10.2024, see art. 1 (as amended by S.I. 2024/1020, Sch.)