Article 6 Disapplication and modification of legislative provisions

(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, operation, maintenance or decommissioning of any part of the authorised development—

(a)

section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991^f1;

(b)

section 32 (variation of awards) of the Land Drainage Act 1991^f2;

(c)

the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991^f3; and

(d)

in so far as they relate to the temporary possession of land under articles 27 (temporary use of land for carrying out the authorised development) and 28 (temporary use of land for maintaining the authorised development), the provisions of the Neighbourhood Planning Act 2017^f4.

(2)

Regulation 6 of the Hedgerows Regulations 1997^f5 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.”.

Annotations

Footnotes

f1: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 of 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.
f2: Section 32 was amended by S.I. 2013/755.
f3: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).
f4: 2017 c. 20.
f5: S.I. 1997/1160.