Article 6 Application and modification of legislative provisions
The following provisions are modified to the extent specified, or do not apply, in relation to the construction or works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised development—
regulation 6 of the Hedgerows Regulations 1997f1 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—
“or
(k)for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”;
the provisions of the Neighbourhood Planning Act 2017f2 insofar as they relate to the temporary possession of land under article 30 (temporary use of land for carrying out the authorised development) and article 31 (temporary use of land for maintaining the authorised development) of this Order;
regulation 12 (requirement for an environmental permit) of the 2016 Regulations in respect of a flood risk activity only;
the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 of the Water Resources Act 1991 that require consent or approval for carrying out the works;
section 23 (prohibition on obstructions etc. in watercourses)of the Land Drainage Act 1991 (prohibition of obstructions etc. in watercourses);
sections 6 (grass verges etc) and 30 (unauthorised structures on seashore) of the Essex Act 1987f3;
the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (power to make byelaws) that require consent or approval for the carrying out of works.
Annotations
Footnotes
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- f2
- f3
- f4
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1949 c. 97. Section 20 was amended by Schedule 11 to 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 Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16) and Schedule 20 to the Local Government Act 1972 (c. 70). There are other amendments which are not relevant to this Order.
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1972 c. 20. Section 236 was amended by section 84 of the Local Government Act 1985 (c. 51), Schedule 6 to 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.