Article 8 Disapplication and modification of legislative provisions
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, operation, maintenance or decommissioning of any part of the authorised development—
sections 23 (prohibition of obstructions, etc. in watercourses), 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991f1;
the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991f2;
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 agency) to the Water Resources Act 1991f3;
the provisions of the Neighbourhood Planning Act 2017f4, insofar as they relate to temporary possession of land under article 31 (temporary use of land for carrying out the authorised development) and article 32 (temporary use of land for maintaining the authorised development) of this Order;
regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016f5 in respect of a flood risk activity only; and
the local enactments and local byelaws listed in Schedule 3 (legislation to be disapplied), and any byelaws or other provisions made under any of those enactments or byelaws, insofar as the provisions are inconsistent with a provision, of or a power conferred by, this Order.
For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967f6 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.
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 2010f7 any building comprised in the authorised development is deemed to be—
a building into which people do not normally go; or
a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
Annotations
Footnotes
- f1
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Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Section 30 was amended by S.I. 2013/1036. Section 32 was amended by S.I. 2013/755. There are other amendments but they are not relevant.
- f2
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Paragraphs 1, 2 and 3 were amended by section 49 of, and paragraph 38 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29). Paragraph 5 was amended by section 86 and section 94 of the Water Act 2014 (c. 21).
- f3
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Paragraph 5 was amended by section 100 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). Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995, section 224 of, and paragraph 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995. There are other amendments but they are not relevant.
- f4
- f5
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S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.
- f6
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1967 c. 10. Section 9 was amended by paragraph 14 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11). There are other amendments to section 9 that are not relevant to this Order.
- f7
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S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments but none are relevant to this Order.