Article 6 Application and modification of legislative provisions

(1)

Regulation 6 (permitted work) of the Hedgerows Regulations 1997^f1 is modified so as to read for the purposes of this Order only as if there were inserted after sub-paragraph (1)(j) the following—

“(k)

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

(2)

The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project—

(a)

the provisions of the Neighbourhood Planning Act 2017^f2 insofar as they relate to temporary possession of land under articles 26 (temporary use of land for carrying out the authorised project) and 27 (temporary use of land for maintaining the authorised project) of this Order;

(b)

regulation 12(1)(a) (requirement for environmental permit) of the 2016 Regulations in relation to the carrying out of a flood risk activity;

(c)

the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991^f3 that require consent or approval for the carrying out of works;

(d)

section 23 of the Land Drainage Act 1991^f4 (prohibition of obstructions etc. in watercourses); and

(e)

the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (powers to make byelaws) that require consent or approval for the carrying out of works.

(3)

The provisions of the Lindsey County Council (Sandhills) Act 1932^f5 do not apply in relation to the exercise of any power conferred by this Order.

(4)

Regulation 5 of The Management of Hedgerows (England) Regulations 2024^f6 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph 5(e)—

“(5)

(f) activities authorised by an order granting development consent pursuant to the Planning Act 2008.”.

(5)

In this article, “flood risk activity” means an activity described in paragraph 3(1) of Schedule 25 (flood risk activities and excluded flood risk activities) to the 2016 Regulations.

(6)

Nothing in this article 6 (application and modification of legislative provisions) overrides the requirement for an environmental permit under Regulation 12(1)(b) (requirement for environmental permit) of the 2016 Regulations.

Annotations

Footnotes

f1: S.I. 1997/1160. Regulation 6 was amended by paragraph 35 of Schedule 1 to S.I. 2015/377.
f2: 2017 c. 20.
f3: 1991 c. 57.
f4: 1991 c. 59.
f5: 1932 c. 86.
f6: S.I. 2024/680