Crossrail Act 2008

A planning authority shall not be required to entertain a request for approval under Part 2 or 3 unless—

The Secretary of State may by order amend this Schedule as he thinks fit in consequence of provision made by an order under section 149 of the Local Government, Planning and Land Act 1980 (c. 65) (power to substitute an urban development corporation as the local planning authority) as applied by section 5 of the London Olympic and Paralympic Games Act 2006 (c. 12) (application in relation to the Olympic Delivery Authority). The power to make an order under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this Schedule— So far as it relates to income tax this Schedule is to be construed as one with the Income Tax Acts. So far as it relates to capital gains tax this Schedule is to be construed as one with TCGA 1992. So far as it relates to corporation tax this Schedule is to be construed as one with the Corporation Tax Acts. So far as it relates to capital allowances this Schedule is to be construed as one with CAA 2001.

In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from or to a person other than a public body.

This paragraph applies to a relevant transfer if— For the purposes of the application of section 196 of that Act in relation to the transferor, the disposal value of the fixture is to be treated— For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor. This paragraph is subject to section 63(5) of CAA 2001.

Section 17 of TCGA 1992 (disposals and acquisitions treated as made at market value) is not to have effect in relation to— but this sub-paragraph does not apply if the person making the disposal is connected with the person making the acquisition. This sub-paragraph applies to a disposal if— If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—

The power of the Secretary of State to make a transfer scheme is not to be regarded as constituting—

The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time (including by virtue of this Schedule) in relation to— The provision that may be made under sub-paragraph (1)(a) includes, in particular, provision for— The provision that may be made under sub-paragraph (1)(b) includes, in particular, provision for— Regulations under sub-paragraph (1) may amend this Schedule (apart from this paragraph). Regulations under sub-paragraph (1) may— The power to make regulations under sub-paragraph (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons. In this paragraph references to any property, rights or liabilities transferred in accordance with a transfer scheme include references to any property, rights or liabilities transferred, or any interests, rights or liabilities created, by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act. In this paragraph references to the transfer of any property, rights or liabilities in accordance with a transfer scheme include references to the transfer of any property, rights or liabilities, or the creation of any interests, rights or liabilities, by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act. In this paragraph— In sub-paragraph (9) “enactment” includes an enactment contained in an instrument made under an Act. Paragraph 20(3) of Schedule 12 to this Act applies for the purposes of this paragraph as it applies for the purposes of that Schedule.

Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which— Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal— The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2). In sub-paragraph (2)(a), “local authority” means—

This paragraph has effect in relation to development authorised by paragraph 1. The Secretary of State may by directions provide that a requirement specified in the directions shall in the case of development so specified be a condition of the deemed planning permission. If it appears to the Secretary of State that it is appropriate to do so in consequence of directions under sub-paragraph (2), he may by directions— Directions under sub-paragraph (2) or (3) may— The Secretary of State shall— The reference in sub-paragraph (5)(b) to the relevant planning authority is— Section 78 of the Town and Country Planning Act 1990 (c. 8) (right to appeal against planning decisions and failure to take such decisions) shall apply in relation to an application for any consent, agreement or approval required by a condition imposed by directions under sub-paragraph (2) as it applies in relation to an application for any consent, agreement or approval required by a condition imposed on a grant of permission under Part 3 of that Act. In this paragraph—

Without prejudice to paragraph 1(1)(f), the nominated undertaker may, for the purposes of or in connection with the works authorised by this Act, undertake the electric line diversions specified in the following table. (1) (2) (3) Area Overhead line to be taken down New overhead line to be provided London Borough of Newham Overhead electric line (PDK) between points E1, E2 and E3 New overhead electric line to be provided on land within relevant limits between points E1, E4 and E3. County of Buckinghamshire, District of South Bucks, Parish of Iver Iver–Longford 132kV overhead electric line (PGB) between points EC1 and EC2. New overhead electric lines to be provided on land within relevant limits between points EC1, EC3 and EC2 and between points EC1, EC4 and EC2.

Sub-paragraph (2) applies where under this Act the nominated undertaker— Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of— and after the end of that period shall be maintained by and at the expense of the highway authority. Where in relation to a highway to which sub-paragraph (2) applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use. If the highway authority refuses a request to issue a certificate under sub-paragraph (3), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State. For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be— Sub-paragraph (2) shall not have effect to impose any obligation in relation to— Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991 (c. 22).

The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it. The power conferred by sub-paragraph (1) shall not be exercisable in relation to the subsoil of a highway within the limits of land to be acquired or used, but outside the limits of deviation for the scheduled works, if the highway is comprised in land specified in the following table. (1) (2) Area No. on deposited plans City of Westminster 30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691 London Borough of Camden 1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283 London Borough of Islington 1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99 City of London 1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161 London Borough of Tower Hamlets 224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446 London Borough of Newham 8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670 London Borough of Greenwich 3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227 London Borough of Bexley 28, 64 and 68 London Borough of Redbridge 26 and 41 London Borough of Barking & Dagenham 17 and 18 London Borough of Havering 2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194 Borough of Brentwood 24 and 52 District of Basildon 13 and 14 Borough of Slough 14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a London Borough of Hillingdon 97, 98, 115, 116 and 211b London Borough of Ealing 9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186 In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table. In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway. For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).

The nominated undertaker may, in connection with the construction of the works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with those works)— Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so. The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the works specified in relation to the land in column (1) of the table in sub-paragraph (1) unless the owners of the land agree. The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers conferred by this paragraph. Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33). Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4). In this paragraph, “structure” includes any erection.

Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if—

Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.

For the purposes of the Railway Companies (Accounts and Returns) Act 1911, a person shall not be a railway company by virtue of working a railway authorised by this Act.

In this Schedule “taxable public body” means a public body which is within the charge to corporation tax. In this Schedule “exempt public body” means a public body which is exempt from corporation tax.

This paragraph applies where a taxable public body (“the predecessor”) is carrying on a trade or a part of a trade and, as a result of a transfer scheme— For the purpose of computing, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the predecessor and the successor— Where a trade or a part of a trade falls to be treated under this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purpose of computing relevant trading profits or losses as may be just and reasonable. This paragraph is subject to the other provisions of this Part of this Schedule. In this paragraph “relevant trading profits or losses” means profits or losses under Case I of Schedule D in respect of the trade or part of a trade in question.

Where a taxable public body (“the predecessor”) is carrying on a trade and, as a result of a transfer scheme— then that part of the trade carried on by the successor shall be treated for the purposes of paragraph 7 as a separate trade. Where a taxable public body (“the predecessor”) is carrying on a trade and, as a result of a transfer scheme— then the predecessor shall be treated for the purposes of paragraph 7 and sub-paragraph (1) as having carried on that part of its trade as a separate trade. Where activities fall to be treated for the purposes of this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purposes of CAA 2001 as may be just and reasonable.

For the purposes of TCGA 1992 a disposal— is to be taken (in relation to the person to whom the disposal is made as well as the person making the disposal) to be for a consideration such that no gain or loss accrues to the person making the disposal. This sub-paragraph applies to a disposal if— Sub-paragraph (1) is subject to paragraph 12.

For the purposes of the application of Chapter 2 of Part 4 of FA 1996 (loan relationships) in relation to a relevant transfer, the transferee and the transferor are to be treated as if, at the time of the transfer, they were members of the same group. In sub-paragraph (1) the reference to being members of the same group must be construed in accordance with paragraph 12(8) of Schedule 9 to that Act.

This paragraph applies to a relevant transfer of plant or machinery which is a disposal event for the purposes of Part 2 of CAA 2001 (capital allowances for plant and machinery). For the purposes of the application of section 61 of that Act in relation to the transferor, the disposal value of the plant or machinery is to be treated— For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor. Section 88 of CAA 2001 (sales at an undervalue) is to be disregarded. This paragraph is subject to sections 63(5) and 68 of CAA 2001.

For the purposes of TCGA 1992 a disposal— is to be taken to be for a consideration such that no gain or loss accrues to the person making the disposal. This sub-paragraph applies to a disposal if—

This paragraph applies for the purposes of section 781 of ICTA (assets leased to traders and others) where— Section 783(4) of ICTA is to be disregarded and the transfer or grant is to be treated as made without any capital sum having been obtained in respect of the interest or lease by the transferor or grantor. Expressions used in this paragraph and in sections 781 to 785 of ICTA have the same meanings in this paragraph as in those sections.

The following provisions of the Greater London Council (General Powers) Act 1986 (c. iv)— shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Section 106(8) of the Water Industry Act 1991 (c. 56) (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving Crossrail.

In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker shall issue a licence for the removal of the remains if— In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker shall issue a licence for the removal of the remains if— For the purposes of sub-paragraphs (1) and (2), a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is. A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them. The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker. An application for a declaration for the purposes of sub-paragraph (3) shall be made to the county court for the district in which the remains are interred. In this paragraph, references to a relative of the deceased are to a person who—

Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2), it shall carry out in accordance with the reasonable requests of the licensee— The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule. No licence shall be required under section 25 of the Burial Act 1857 (c. 81) for the removal under this Schedule of any remains. Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.

Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.

Before giving up possession of land of which possession has been taken under paragraph 1, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide. If, in relation to any land of which possession has been taken under paragraph 1, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the works specified in relation to the land in column (1) of the table in paragraph 1(1), the scheme shall be such as may be determined by the appropriate Ministers after consultation with the nominated undertaker, the owners of the land and the relevant planning authority. Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) shall provide for land to be restored to its former condition. Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) shall not provide for the nominated undertaker to replace any structure removed under paragraph 1, other than a fence. Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request. The duty under sub-paragraph (1) in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority. Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may— In this paragraph—

In the case of remains in relation to which paragraph 1(1) or (3) applies, the nominated undertaker may remove the remains unless— In the case of remains in relation to which paragraph 1(4) applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the Burial Act 1857 (c. 81). The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.

The nominated undertaker may use any road situated on land specified in the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the works authorised by this Act. The nominated undertaker shall compensate the person having the management of a road to which sub-paragraph (1) applies for any loss which he may suffer by reason of the exercise of the power conferred by that sub-paragraph. Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

In the case of land specified in columns (1) and (2) of the following table, the power conferred by section 6(1) shall be exercisable only in relation to so much of the land as falls within the description specified in relation to it in column (3) of the table— (1) (2) (3) Area No. on deposited plans Description of land subject to power of acquisition City of Westminster 79 and 80 Land comprised within car park, road off Orsett Terrace and adjoining railway facilities. 96, 102, 103, 124 and 125 Operational works and land comprised within Paddington Station (main line and underground) and road off Praed Street. 105 Basement level of building and subsoil beneath. 106 Basement level of building. 324, 324a and 324b Operational works and land comprised within Bond Street Station. 323, 325a, 326a, 328, 339a and 693 to 709 Operational works and land comprised within Bond Street Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land. London Borough of Camden 8a Ground floor, reception area, entrance, fire escape and paved area (Centre Point). London Borough of Islington 16 Operational works and land comprised within Farringdon Station. 17 Operational works and land comprised within Farringdon Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land. 21 Underground car park (Caxton House) and subsoil beneath. 22, 23 and 26 Underground car parks (Caxton House and Snow Hill). 98 Operational works and land comprised within Moorgate Station. City of London 5 and 6 Underground car park (Snow Hill) and access road. 11 Operational works and land comprised within Moorgate branch railway together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that railway or as lies more than 9 metres below the level of the surface of the land. 12 Operational works and land comprised within Moorgate Branch railway. 13 Underground car park (Smithfield) and subsoil beneath. 14 Underground car park (Smithfield). 49 Operational works and land comprised within Barbican Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land. 50 Operational works and land comprised within Barbican Station. 75 and 90 to 92 Operational works and land comprised within Moorgate Station. 76, 77 and 79 Operational works and land comprised within Moorgate Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land. 133, 139, 139a, 141, 141a, 146, 150 and 151 Operational works and land comprised within Liverpool Street Station. 119, 120, 122, 142, 144, 148 and 149 Operational works and land comprised within Liverpool Street Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land. London Borough of Tower Hamlets 714a, 714b, 714c, 765b and 767b Subsoil or undersurface of the land between 5 metres and 20 metres beneath the level of the surface of the land. 717b, 727, 727a, 735b and 765a Dock, bed thereof, dock wall (Banana Wall), operational works and land comprised within West India Dock (North). London Borough of Hillingdon 260 to 325 Operational railway facilities (Heathrow Express Railway), including shafts and compounds together with access roads thereto.

The Secretary of State may by order provide that section 6(1), so far as relating to acquisition by virtue of paragraph 6(1), shall be treated as also authorising acquisition by such person as may be specified in the order. The power to make an order under sub-paragraph (1) includes power to make an order varying or revoking any order previously made under that provision.

If the Secretary of State makes an order under section 6(7), the following provisions shall have effect as from the coming into operation of the order. If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice— Where a person gives the Secretary of State notice under sub-paragraph (2) and the Secretary of State— the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2). Where— the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land. References in this paragraph to the relevant powers of compulsory acquisition are to— In this paragraph—

An order under paragraph 1 may contain such transitional provision and savings as the Secretary of State thinks fit. Without prejudice to the generality of sub-paragraph (1), provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule. The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1).

Where— he may give notice in writing of his opinion to the proposed developer. The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to withdraw a notice under that sub-paragraph. Where a notice given under sub-paragraph (1) has not been withdrawn, section 15(1) shall be treated as not applying to the carrying out by the person to whom the notice is given of the development to which it relates.

This paragraph has effect in relation to the Ancient Monuments and Archaeological Areas Act 1979 (c. 46). Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Act. The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Act. The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Act with respect to works. Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Act. Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Act with respect to works. The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Act with respect to works. In section 25 (treatment of ancient monuments)— Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Act with respect to works. Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Act with respect to works. Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Act with respect to works were exempt works for the purposes of that provision. Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works. Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from a public body to another public body.

Stamp duty is not to be chargeable— But where, by virtue of sub-paragraph (1), stamp duty is not chargeable on a scheme or instrument, the scheme or instrument is to be treated as duly stamped only if— In this paragraph “instrument” has the same meaning as in the Stamp Act 1891.

Paragraph 18 shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land.

This paragraph applies where it appears to the Secretary of State— If it appears to the Secretary of State that it is necessary or desirable to do so for the purpose of avoiding a breach of a relevant undertaking, he may, by notice in writing to the proposed developer, disapply section 15(1) in relation to the carrying out of the development by that person. The power conferred by sub-paragraph (2) includes power, exercisable in the same manner, to revoke a notice under that sub-paragraph.

The power of entry conferred by section 36(1) of the National Heritage Act 1983 (c. 47) (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld. Consent for the purposes of sub-paragraph (1) may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works. Section 36(6) of the National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Act are being carried out. Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the appropriate Ministers acting jointly. In sub-paragraph (4), “appropriate Ministers” means the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport.

Where under this Act the nominated undertaker— the construction or alteration shall be completed to the reasonable satisfaction of the highway authority. Where work to which sub-paragraph (1) applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker. If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made— it shall be deemed to have issued such a certificate at the end of that period. Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expenses of construction) of— The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area). A notice under sub-paragraph (1) shall— Sub-paragraph (1) shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3 of Schedule 2. If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3 of Schedule 2, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2). If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1), the appropriate Ministers shall not make any decision about the application until they are satisfied—

Section 4 of the Acquisition of Land Act 1981 (c. 67) (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act.

This Part has effect in relation to development not in the area of a unitary authority.

To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker. The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1). Where the district planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details. The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table. (1) (2) Operation or work Grounds 1. Construction works The erection, construction, alteration or extension of any building (except for anything within (b) or (c) or item 2 or 4) or road vehicle park. The construction, alteration or extension of any terracing, cuttings, embankments or other earth works. The erection, construction, alteration of extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression. That the design or external appearance of the works ought to be modified— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Act. 2. Minor construction works The erection, construction, alteration or extension of any transformers, telecommunications masts or pedestrian accesses to railway lines. That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. 3. Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)). That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. 4. Artificial lighting The erection, construction or installation of lighting equipment. That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act. In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work. Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use. Sub-paragraph (4) (as it has effect with sub-paragraphs (5) and (6)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

The appropriate Ministers may by directions require a planning authority to refer any request for approval under Part 2 or 3 to them. In determining a request referred to them under this paragraph, the appropriate Ministers shall have the same powers as the authority making the reference. The determination by the appropriate Ministers of a request referred to them under this paragraph shall be final. Directions under this paragraph may—

In this Schedule— In this Schedule, references to the appropriate Ministers are to the Secretary of State for Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, are to those Ministers acting jointly. For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Act.

A notice under this Schedule shall—

No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works. Sub-paragraph (1) shall not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

The following provisions of the London Building Acts (Amendment) Act 1939 (c. xcvii) shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act— Sub-paragraph (1) shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

The following enactments (which control obstructions of the highway in connection with works relating to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works— Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works. Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Nothing in section 8(2) to (5) of the Greater London Council (General Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Act.

This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 11 or is otherwise expressed to be made in connection with the carrying out of authorised works. The application shall be granted if the issue of a permit is reasonably required— If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works— If the applicant is aggrieved by a decision under sub-paragraph (2) or (3), he may appeal to the Secretary of State by giving notice in writing of the appeal to him, and to the authority whose decision is appealed against, within 28 days of notification of the decision. On an appeal under sub-paragraph (4), the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against. If on an appeal under sub-paragraph (4) against a decision under sub-paragraph (3) the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify. The applicant may not challenge a decision under sub-paragraph (3) otherwise than by an appeal under sub-paragraph (4). In this paragraph—

The powers conferred by section 56(1) and (1A) of the New Roads and Street Works Act 1991 (c. 22) (powers to give directions as to the timing of proposed and subsisting street works) shall not apply in relation to works proposed to be, or being, carried out under the powers conferred by this Act. Section 56A of that Act (power to give directions as to placing of apparatus) shall not apply in relation to the placing of apparatus in exercise of any of the powers conferred by this Act. No restriction under section 58(1) of that Act (power to impose restriction on execution of street works in the twelve months following completion of substantial road works) shall have effect in relation to works carried out under the powers conferred by this Act. Section 61(1) of that Act (under which the consent of the street authority is required for the placing of apparatus in a protected street) shall not apply to the placing of apparatus in exercise of any of the powers conferred by this Act. Section 62(2) of that Act (power following designation of protected street to require removal or repositioning of apparatus already placed in the street) shall not apply in relation to apparatus placed in exercise of the powers conferred by this Act. Section 62(4) of that Act (power when designation as protected street commences or ceases to give directions with respect to works in progress) shall not apply in relation to works being carried out under the powers conferred by this Act. Section 63(1) of that Act (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) shall not apply in relation to works to be executed under the powers conferred by this Act. The power conferred by section 73A(1) of that Act (power to require undertaker to re-surface street) may not be exercised in relation to an undertaker who is within subsection (2) of that section because of— No contribution shall be payable under section 78A(1)(b) of that Act (contributions by other undertakers to costs incurred in executing works specified in a re-surfacing notice) because of the execution of works under the powers conferred by this Act. Schedule 3A to that Act (restriction on works following substantial street works) shall not apply where a notice under section 54 (advance notice of certain works) or 55 (notice of starting date of works) of that Act is in respect of works to be executed under the powers conferred by this Act. No notice under paragraph 2(1)(d) of that Schedule (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) shall have effect to require the notification of works proposed to be carried out under the powers conferred by this Act. No directions under paragraph 3 of that Schedule (directions as to the date on which undertakers may begin to execute proposed works) may be issued to the nominated undertaker. Paragraph 3(4) of that Schedule (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) shall not apply in relation to the execution of works under the powers conferred by this Act. Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 restricting further works) shall not apply in relation to the execution of works under the powers conferred by this Act.

No notice under section 1(2) or (5) of the Party Wall etc. Act 1996 (c. 40) (notice before building on line of junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Act. Sections 1(6) and 2 of the Party Wall etc. Act 1996 (rights of adjoining owners) shall not have effect to confer rights in relation to— Section 6 of the Party Wall etc. Act 1996 (underpinning of adjoining buildings) shall not apply in relation to a proposal to excavate, or excavate for and erect anything, in exercise of the powers conferred by this Act.

Sub-paragraph (2) applies where under this Act the nominated undertaker— The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld. Any dispute with a highway authority under sub-paragraph (2) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State. If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.

Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2). The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is— The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker. In sub-paragraph (1), the reference to arrangements, in relation to item 4 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

The appropriate Ministers may by directions restrict a planning authority’s powers in relation to the grant of approval under Part 2 or 3. Directions under this paragraph may—

Notices under this Schedule shall be served by post.

No work to which this paragraph applies shall be brought into use without the approval of the district planning authority. The works to which this paragraph applies are— The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) if— The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified— and that the scheme is reasonably capable of being so modified.

Where the Secretary of State gives a notice under this Schedule he shall—

Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b), the nominated undertaker shall be required—

The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up each of the highways or parts of highways specified in the following table. No highway or part of a highway specified in columns (1) and (2) of Part 1 of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely— No highway or part of a highway specified in columns (1) and (2) of Part 2 of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until— Where a new highway specified in column (3) of Part 2 of the following table is provided in exercise of the powers conferred by this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) to be what it is taken to be for the purposes of paragraph 11(2). (1) (2) Area Highway or part to be stopped up City of Westminster Footpath within Westbourne Green Sports Complex between points P5, P6 and P7 North-eastern side of Eastbourne Terrace within extent of narrowing shown on the deposited plans Falconberg Court London Borough of Camden Andrew Borde Street London Borough of Islington Cowcross Street between points P1 and P2 City of London Hayne Street between points P3 and P4 Fore Street Avenue between points P1 and P2 Moorfields between points P2 and P3 London Borough of Tower Hamlets Fulbourne Street between points P1 and P2 Court Street between points P3 and P4 Wood's Buildings between points P5 and P6 South-eastern side of Durward Street within the extent of narrowing shown on the deposited plans between points P2 and P7 Garden Street between points P5 and P6 Eleanor Street between points P1 and P2 London Borough of Greenwich Bostall Manorway between points P3 and P4 Abbey Terrace between points P5 and P6 London Borough of Havering Footpath (FP 123) between Beechfield Gardens and Nursery Walk (1) (2) (3) Area Highway or part to be stopped up New highway to be substituted for it City of Westminster Westbourne Park Passage within the limits of deviation of Work No. 1/9C Work No. 1/9C Westbourne Park Passage within the limits of deviation of Work No. 1/9D Work No. 1/9D London Borough of Tower Hamlets Footpath between Stepney Way and Stepney Green between points P1, P2 and P3 and between points P2 and P4 New footpath between points P1, P4, P5 and P6 London Borough of Newham Footpaths between the Excel Centre and Victoria Dock Road between points P1, P2, P3, P4, P5, P6, P7, P8 and P9 and between points P6 and P11 New footpath through intended station, part of Work No. 1/5 between points P10 and P11 Footpath between Albert Road and Factory Road between points P1 and P2 Work No. 1/32D Barbers Road between points P1 and P2 Works Nos. 2/6A, 2/6B and 2/7 Pudding Mill Lane between points P3 and P4 Works Nos. 2/6A, 2/6B and 2/7 Marshgate Lane within the relevant limits Works Nos. 2/6A and 2/6B Footpath (Greenway) between points P6, P7, P8, P9, P10, P11, P12 and P13 and between points P9 and P11 New footpath between points P5, P14 and P13 London Borough of Greenwich Footpath on eastern side of Church Manor Way between points P1 and P2 Work No. 1/34 Footpath between Mottisfont Road and Bostall Manor Way between points P1 and P2 Work No. 1/36 London Boroughs of Greenwich and Bexley Footpaths over Abbey Wood Station between points P7, P8, P9, P10 and P11 and between points P11 and P12 New footpath through intended station, part of Work No. 1/7 Felixstowe Road within the relevant limits Work No. 1/37B London Borough of Bexley Gayton Road Work No. 1/37C London Borough of Barking & Dagenham Footpath on eastern side of Whalebone Lane South between points P1 and P3 New footpath between points P1, P2 and P3 London Borough of Havering Footpath adjacent to bus stand, Atlanta Boulevard Work No. 2/15D County of Berkshire, Borough of Slough Hollow Hill Lane between points P1 and P2 Work No. 3/9D County of Buckinghamshire, District of South Bucks, Parish of Iver Thorney Lane South between points P1 and P2 Works Nos. 3/9B and 3/9C London Borough of Hillingdon Footpath and cycleway (Kingston Lane) between points P1 and P2 Work No. 3/10F Old Stockley Road between points P1 and P2 Footpath and cycleway between points P1 and P2 (Work No. 3/14)

The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is— The power conferred by sub-paragraph (1) shall not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers upon application by the nominated undertaker. The appropriate Ministers shall grant an application under sub-paragraph (2) if, but only if, they are satisfied— Where the appropriate Ministers grant an application under sub-paragraph (2), they shall notify the nominated undertaker of the basis on which the application is granted. Where the basis on which an application under sub-paragraph (2) is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided. Before making an application under sub-paragraph (2), the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice— Not later than the publication date, the nominated undertaker shall— Before granting an application under sub-paragraph (2), the appropriate Ministers shall consider any representations made to them in accordance with the nominated undertaker's notice which have not been withdrawn. Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose. In sub-paragraph (6), references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated. In sub-paragraph (7)(a), “local authority” means— In this paragraph, references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

On a highway or part of a highway being stopped up under paragraph 1 or 2— The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way. Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33). The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act. Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) with the following modifications—

Any highway or part of a highway which is stopped up under paragraph 5(1)(a) may be used as a working site if it is within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent with this Act, shall apply to an acquisition of land under section 6(1) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase order under that Act.

Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 6(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule. In their application by virtue of sub-paragraph (1), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—

Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker. The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval. Where the local planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details. The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker. The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval. Where the district planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details. The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

The requirements set out in paragraphs 21 to 23 shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule. For the purposes of sub-paragraph (1), relevant development is development consisting of— The requirement set out in paragraph 24 shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

Subject to sub-paragraph (2), if a listed building was such a building immediately before 15th December 2004 and is specified in columns (1) and (2) of the following table— In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) shall have effect as if the references to works carried out in exercise of the powers conferred by this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column. Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a listed building which was not such a building immediately before 15th December 2004. If a building included in a conservation area and not a listed building— section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Act. (1) (2) (3) Area Building Works Royal Borough of Windsor & Maidenhead and District of South Bucks Maidenhead Viaduct. Grade II* Alterations in connection with installation of overhead electrification equipment. Borough of Slough Slough railway station. Grade II Demolition of canopies over platform 5. Alterations in connection with platform lengthening, new footbridge, overhead line electrification and ticket hall rearrangement. London Borough of Ealing Hanwell railway station. Grade II Alterations in connection with platform lengthening. City of Westminster Southern span of footbridge carrying Westbourne Park Passage over the railway. Boundary wall between Westbourne Park Villas and the railway from Westbourne Park Passage to a point opposite No. 60 Westbourne Park Villas. Paddington Station. Grade 1 Demolition of retaining walls, railings, and canopy on Eastbourne Terrace and Departures Road. Demolition of Lynx Building on north-east side of the station. Alterations of deck on north-east side of station (being the deck on part of which the Lynx Building is situated) and area below that deck in connection with (a) construction of new stairs, lifts and escalators, (b) Work No. 1/11B and (c) taxi circulation facility. Alterations to the Lawn in connection with emergency escape provision. Paddington Station, Macmillan House, Eastbourne Terrace. Grade 1 Alterations and partial demolition of basement and ground floor. Alterations to form an emergency escape in the horse arch. Great Western Hotel, Praed Street. Grade II Alterations relating to emergency escape provision. Paddington Underground Station, Praed Street. Grade II Alterations in connection with construction of interchange footbridge, lifts and stairs. Alterations and partial demolition of retaining walls. 191-195 (odd) Praed Street 197-199 (odd) Praed Street (rear part) 19-23 (odd and even) Spring Street (rear part) Porter’s Lodge in front of number 1 Stratford Place. Grade II 354-358 (even) Oxford Street 18 & 19 Hanover Square 1a Tenterden Street 9 Great Chapel Street / 4 Fareham Street 10-12 (odd and even) Great Chapel Street 2 & 3 Fareham Street 96 Dean Street 93 Dean Street 94 Dean Street. Grade II 95 Dean Street 3 Diadem Court 9 Diadem Court Bollards on the corner of Fareham Street and Great Chapel Street. Grade II 9-15 (odd) Oxford Street 7 Oxford Street 3-5 (odd) Oxford Street 1 Oxford Street 167 Charing Cross Road 157-163 (odd) & 165 Charing Cross Road 1-6 (odd and even) Falconberg Court London Borough of Camden 148 Charing Cross Road 138-146 (even) Charing Cross Road Centre Point, 101 & 103 New Oxford Street and 5-24 (odd and even) St. Giles High Street and pool and frontage to Charing Cross Road. Grade II Demolition of pool, fountains and plaza including underground snooker hall and gym. Demolition of exterior stairs to first floor level on the western side of the building. Installation of a temporary entrance. 8-10 (even) Southampton Row. Grade II Demolition of interior and roof (facade to Southampton Row, Fisher Street and Catton Street to be retained). Kingsway Tram Tunnel. Grade II Alterations in connection with carrying out of compensation grouting for the protection of buildings in the vicinity. City of London Smithfield Market. Grade II* Partial demolition of basement, including car park deck within the basement and remedial alterations. 33-35 (odd and even) Charterhouse Square 36-37 Charterhouse Square London Borough of Islington 40-42 (even) Charterhouse Street City of London Pavilion, Finsbury Circus Gardens. Gazebo, Finsbury Circus Gardens. Grade II 11-12 Blomfield Street Bridge structures carrying Charterhouse Street and Lindsey Street over Metropolitan Line and Thameslink Barbican. Grade II Alterations in connection with carrying out of compensation grouting for the protection of buildings in the vicinity. London Borough of Tower Hamlets 63-67 (odd) Princelet Street (rear extensions) 68-80 (even) Hanbury Street (Britannia House) 82-102 (even) Hanbury Street Blind Beggar Public House (337 Whitechapel Road) (conservatory) Whitechapel signal cabin (District Line), west of Fulbourne Street on the north side of the track Fulbourne Street bridge over District Line District line retaining wall and parapet, south side of Durward Street and Winthrop Street from a point 23 metres west of the centre line of Fulbourne Street to a point 30 metres east of East London Line Court Street footbridge over District Line London Underground infrastructure at or near Whitechapel Station (District Line) including the platform to ticket hall access footbridge east of Wood’s Buildings, and the operational garage, staff accommodation block, and associated portacabins at Durward Street level Wood’s Buildings disused footbridge over the District Line North span of District Line railway bridge over East London line South span of District Line railway bridge over East London Line Parapet walls to Durward Street Bridge over East London Line Drinking fountain, Stepney Green. Grade II 744 Wick Lane London Borough of Barking and Dagenham Coal tax marker, Chadwell Heath. Grade II London Borough of Havering Gidea Park Station footbridge London Borough of Greenwich 12, 14, 15 & 16 Gunnery Terrace Council depot (former electricity generating station), White Hart Road, Plumstead. Grade II Alterations in connection with use of the building as site offices and a workshop. Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph. In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

The property, rights and liabilities for whose transfer a scheme may provide include (in particular)—

A scheme may contain provision for a transfer to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be by reason of a provision falling within sub-paragraph (2). A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, for whose transfer the scheme provides. A scheme may contain provision for— to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be by reason of a provision falling within sub-paragraph (4) or (5). A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property. A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which a subsidiary of the transferor is entitled or subject to anything immediately before the creation of the interest or right takes effect.

In its application by virtue of paragraph 2, the Compulsory Purchase Act 1965 shall have effect with the following modifications. Section 4 (time for exercise of powers of compulsory purchase) shall be omitted. Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) shall have effect— In section 22(2) (expiry of time limit for exercise of power of compulsory acquisition not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” there shall be substituted “ section 6(6) of the Crossrail Act 2008 ”. In Schedule 3 (alternative procedures for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker. The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1). Where the county planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specific respect, include a plan or specification showing the additional details. The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table. (1) (2) Operation or work Grounds 1. Waste and spoil disposal The disposal of waste or spoil. That— the design or external appearance of disposal sites on land within the relevant limits, the methods by which such sites are worked, or the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified, and are reasonably capable of being modified. That— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out. 2. Borrow pits The excavation of bulk materials from borrow pits. That— the design or external appearance of borrow pits on land within the relevant limits, the methods by which such pits are worked, or the noise, dust, vibration or screening arrangements during the operation of such pits, ought to be modified, and are reasonably capable of being modified. That— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out. In the case of each of the items in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which— Sub-paragraph (4) (as it has effect with sub-paragraph (5)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

In the case of a listed building to which sub-paragraph (2) applies— This sub-paragraph applies to a listed building if it was such a building immediately before 15th December 2004 and is specified in the following table. (1) (2) Area Building City of Westminster Westbourne Bridge, Paddington (Westminster). Grade II. 1 Cleveland Terrace. Grade II. Paddington Station. Grade I. Great Western Hotel, Praed Street. Grade II. 5-9 (odd) Craven Road. Grade II. 1-18 (odd and even) Spring Street. Grade II. 163-213 (odd) Sussex Gardens. Grade II. 194-204 (even) Sussex Gardens. Grade II. 184-192 (even) Sussex Gardens. Grade II. Paddington Underground Station, Praed Street. Grade II. 25-31 (odd and even) Hyde Park Gardens and 22–35 (odd and even) Stanhope Terrace. Grade II. 1-24 (odd and even) Hyde Park Gardens. Grade II. 129 Park Lane. Grade II. 32 Green Street. Grade II. 10 Green Street. Grade II. 23 Lees Place. Grade II. 61 Green Street. Grade II*. 29 North Audley Street. Grade II. 11-12 North Audley Street. Grade II*. 14 North Audley Street. Grade II. St. Mark's, North Audley Street. Grade I. Electricity Sub-station, Brown Hart Gardens. Grade II. 73 Duke Street. Grade II. Ukrainian Catholic Cathedral– Duke Street/ 21 Binney Street. Grade II*. 75, 77, 79, 81–83 Duke Street (odd). Grade II. 1, 1a and 2 Duke’s Yard – including 85 & 85a Duke Street. Grade II. 27 Gilbert Street. Grade II. 356-366 Oxford Street (even). Grade II. 2-7 (odd and even) Stratford Place W1. Grade II. 8-10 (odd and even) Stratford Place W1. Grade II. Stratford House, the Oriental Club, 11 Stratford Place W1. Grade I. 12 and 13 Stratford Place W1. Grade II. 16 Stratford Place W1. Grade II. 66 Brook Street and 51- 53 (odd) Davies Street. Grade I. 58 Davies Street. Grade II. 50 Davies Street. Grade II. 52 & 54 Davies Street. Grade II. 1–7 (odd and even) Davies Mews & 28–30 (odd and even) South Molton Lane. Grade II. 40-46 (even) Brook Street (north side). Grade II. 41 South Molton Street. Grade II. 26 South Molton Street. Grade II. 24 & 25 South Molton Street. Grade II. 21 South Molton Street. Grade II. 19 & 20 South Molton Street. Grade II. 50 South Molton Street. Grade II. 18 South Molton Street. Grade II. 17 South Molton Street. Grade II*. 14–16 (odd and even) South Molton Street. Grade II. 10–12 (odd and even) South Molton Street. Grade II. 63 South Molton Street. Grade II. 20 Brook Street. Grade II. 103 New Bond Street. Grade II. 74 New Bond Street. Grade II. 20 Hanover Square. Grade II*. 21 Hanover Square. Grade II. 16 Hanover Square. Grade II. 24 Hanover Square. Grade II. 15 Hanover Street. Grade II. 7 Hanover Street. Grade II. 229–247 (odd) Regent Street including 1 Hanover Street and 27 Princes Street. Grade II. 223 Regent Street/ 4 Maddox Street. Grade II. 225 & 227 Regent Street. Grade II. 224-244 (even) Regent Street. Grade II. 1-4 (odd and even) Argyll Street. Grade II. 208a and 208-222 (even) Regent Street. Grade II. Liberty's, Great Marlborough Street. Grade II*. 7-8 Argyll Street. Grade II*. 19-21 (odd and even) Great Marlborough Street. Grade II. 48 Great Marlborough Street. Grade II. 68 Brook Street. Grade II. 15 Poland Street. Grade II. 13 D'Arblay Street. Grade II. 46 Berwick Street. Grade II. 67 Berwick Street and 21A Noel Street. Grade II. 48 Berwick Street. Grade II. 47 Berwick Street. Grade II. 5 Noel Street. Grade II. 187 Wardour Street. Grade II. 2,3 & 4 D'Arblay Street. Grade II. 105-109 (odd) Oxford Street & 16-18 (odd and even) Hollen Street. Grade II. 152-160 (even) Wardour Street. Grade II. 17 Carlisle Street. Grade II. 6 Carlisle Street. Grade II. 5 Carlisle Street. Grade II. 4 Carlisle Street. Grade II. 90 Dean Street. Grade II. 89 Dean Street. Grade II. 88 Dean Street. Grade II. 4-6 (odd and even) Soho Square/ 6 Dean Street. Grade II. 3 Soho Square/7 Dean Street. Grade II. 2 Soho Square. Grade II. 8 Dean Street. Grade II. 38 & 38a Soho Square. Grade II. 37 Soho Square. Grade II. 10 & 10A Soho Square. Grade II. 8 & 9 Soho Square. Grade II. 19 Carlisle Street. Grade II. 36 Soho Square. Grade II. 13 Soho Square. Grade II*. 15 Soho Square. Grade II. 21 Soho Square. Grade II. St. Patrick’s Presbytery. Grade II. St. Patrick’s RC church, Soho Square. Grade II*. 29 & 30 Soho Square The Hospital for Women. Grade II. 26 Soho Square. Grade II*. 3 Greek Street. Grade II. 1 Greek Street. Grade I. 14 Manette Street. Grade II. 16 & 17 Manette Street. Grade II. London Borough of Camden Centre Point, 101 & 103 New Oxford Street and 5-24 (odd and even) St. Giles High Street and pool and frontage to Charing Cross Road. Grade II. 20 Denmark Street and 16 Denmark Place. Grade II. 5 & 6-7 (odd and even) Denmark Street. Grade II. 9 & 10 Denmark Street. Grade II. 26 Denmark Street. Grade II. 27 Denmark Street. Grade II. Phoenix Theatre, Charing Cross Road. Grade II. 12 Flitcroft Street. Grade II. 59 St Giles High Street. Grade II. 1-5 (odd and even) Flitcroft Street. Grade II. 21 Monmouth Street. Grade II. 55 Neal Street. Grade II. 64 Neal Street. Grade II. 51-59 (odd), 61, 63-69 (odd) Endell Street. Grade II. Shaftesbury Theatre, Shaftesbury Avenue. Grade II. St Giles' Almshouses, 17A Macklin Street (also 9-10 Smarts Place). Grade II 8a Smarts Place. Grade II. 23 Macklin Street. Grade II. 24 Stukely St/25 Macklin Street. Grade II. Holborn Town Hall and Library, High Holborn. Grade II. 199-201(odd and even) High Holborn. Grade II. 207 High Holborn. Grade II. Princess Louise Pub, 208-209 High Holborn. Grade II* 212 High Holborn. Grade II. 127 & 129 High Holborn. Grade II. 14-16 (odd and even) Southampton Place. Grade II*. 7-8 Southampton Place. Grade II*. 15-23 (odd and even) Southampton Row. Grade II. Kingsway Tram Subway, Southampton Row. Grade II. Central School of Arts and Crafts, Southampton Row. Grade II*. Carlisle House, 8 & 10 Southampton Row. Retained Fa[lcced]ade. Grade II. Baptist Church House, 2-6 (even) Southampton Row. Grade II*. 11&12 Red Lion Square (Summit House). Grade II. 14-17 (odd and even) Red Lion Square. Grade II. 31&32 part of 29 -32 (odd and even) Bedford Row. Grade II. 33-36 (odd and even) Bedford Row. Grade II. 6-7 (odd and even) Bedford Row, and railings. Grade II. 8-13 (odd and even) Bedford Row, and railings. Grade II*. 14 Bedford Row, and railings. Grade II. 4 Raymond Buildings. Grade II. 5 Raymond Buildings. Grade II. 6 Raymond Buildings. Grade II. 6 Gray’s Inn Square. Grade II*. 8 Gray’s Inn square. Grade II*. 7 Gray’s Inn Square. Grade II*. 14 Gray’s Inn Square. Grade II*. 13 Gray’s Inn Square. Grade II*. 12 Gray’s Inn Square. Grade II*. St. Alban’s Church, Dorrington/Brooke Street. Grade II*. St. Alban’s Clergy House, 18 Dorrington Street. Grade II. 10 & 11 Greville Street. Grade II. 19, 20 & 21 Hatton Gardens. Grade II. 25 & 27 Farringdon Road. Grade II. London Borough of Islington 51-53 (odd and even) Charterhouse Street. Grade II. 54-60 (odd and even) Cowcross Street. Grade II. Farringdon Station, including 36-38 (odd and even) and 40-42 (odd and even) Cowcross Street. Grade II. 101and 102 Turnmill Street and 32-35 (odd and even) Cowcross Street. Grade II. 67-77 (odd) Charterhouse Street. Grade II. 26 & 27 Cowcross Street. Grade II. 9-13 (odd and even) Cowcross Street. Grade II. 14-16 (odd and even) Cowcross Street. Grade II. 94 Cowcross Street. Grade II. 3 & 5 St John Street. Grade II. 2-6 (even) St John Street (including 89 Charterhouse street). Grade II. 16 St John Street. Grade II. 18 & 20 St John Street. Grade II. 24 St John Street. Grade II. 22 St John Street. Grade II. 26 St John Street. Grade II. 115 Charterhouse Street. Grade II. 119 Charterhouse Street. Grade II. 109-113 (odd) Charterhouse Street. Grade II. 22 Charterhouse Square (North Side) including railings. Grade II. City of London 133-134 Aldersgate Street. Grade II. West/East building Smithfield Market. Grade II* 74 & 75 Long Lane. Grade II. Barbican. Grade II. 137-141 (odd) Moorgate. Grade II. 1-6 (odd and even) Finsbury Circus. Grade II*. 28-30 (odd and even) Salisbury House, Finsbury Circus. Grade II. 76-92 (even) Moorgate. Grade II. 87 Moorgate. Grade II. 83 Moorgate. Grade II. 8 Moorfields. Grade II. 4 Moorfields. Grade II. 118 London Wall. Grade II. 59-73 (odd) Moorgate. Grade II. 118a London Wall/2 Moorfields. Grade II. 81 Coleman Street (Armourers' and Braziers' Hall). Grade II*. 16-18 (even) Finsbury Circus and 16-31 (odd and even) Eldon Street. Grade II. 22 & 23 Blomfield Street. Grade II. 25 Finsbury Circus (London Wall Buildings). Grade II. Church of All Hallows on the Wall. Grade II. 56-60 (odd and even) and 62 New Broad Street. Grade II. 76-80 (odd and even) Old Broad Street. Grade II. Great Eastern Hotel, Liverpool Street Station. Grade II. Church of St Botolph, Bishopsgate. Grade II*. Church Hall. Church of St Botolph, Bishopsgate. Grade II. 8 Bishopsgate Churchyard. Grade II. 162 & 164 Bishopsgate. Grade II. Rear 4-18 (even) Devonshire Row. Grade II. 5-7 (odd and even) New Street. Grade II. 24 & 25 Widegate Street. Grade II. 16 New Street. Grade II. London Borough of Tower Hamlets 4A, Sandy’s Row. Grade II. 15 & 16 Artillery Passage. Grade II. 2 Artillery Passage. Grade II. 13 & 14 Artillery Passage. Grade II. 3 Artillery Passage. Grade II. 4 Artillery Passage. Grade II. 5 Artillery Passage. Grade II. 41 Artillery Lane. Grade II. 6 & 7 Artillery Passage. Grade II. 9 & 10 Artillery Passage. Grade II. 11 Gun Street. Grade II. 40 Brushfield Street. Grade II. 42 Brushfield Street. Grade II. 52 Brushfield Street. Grade II. Spitalfields Market. Grade II. 84 Commercial Street. Grade II. 1 & 3 Fournier Street. Grade II. 4-7 (odd and even) Puma Court. Grade II. 17-25 (odd) Wilkes Street. Grade II. 11a & 15 Wilkes Street. Grade II. 6 Wilkes Street. Grade II. 10 Wilkes Street. Grade II. 16 Wilkes Street. Grade II. 2 & 4 Princelet Street. Grade II. 3 & 5 Princelet Street. Grade II. 7 & 9 Princelet Street. Grade II. 13 Princelet Street. Grade II. 11 Princelet Street. Grade II. 24 & 26 Hanbury Street. Grade II. 12 Princelet Street. Grade II. 14 Princelet Street. Grade II. 16 Princelet Street. Grade II. 18 Princelet Street. Grade II. 20 Princelet Street. Grade II. 22 Princelet Street. Grade II. 15 Princelet Street. Grade II. 17 Princelet Street. Grade II. 19 Princelet Street. Grade II*. 21 Princelet Street. Grade II. 23 Princelet Street. Grade II. 25 Princelet Street. Grade II. 34-38 (even) Hanbury Street. Grade II. 114-122 (even) Brick Lane. Grade II. 35 Buxton Street. Grade II. 333-335 (odd) Whitechapel Road. Grade II. 261 & 263 Whitechapel Road. Grade II. 265 & 267 Whitechapel Road. Grade II. Trinity Green, Almshouses, Mile End Road, north side: 1- 10 Trinity Green and 22- 30 Trinity Green. Grade I. 29 Mile End Road. Grade II. 82- 84 (even) Mile End Road. Grade II. 90-110 (even) Mile End Road. Grade II. Church of St Dunstan, Stepney High Street. Grade I. 1-10 Whitehorse Road (odd and even). Grade II. 34-40 (even) Belgrave Street. Grade II. 50-52 (even) Belgrave Street. Grade II. 19-31 (odd) Barnes Street, West side. Grade II. 12-22 (even) Barnes Street. Grade II. 1-8 (odd and even) York Square. Grade II. 9-16 (odd and even) York Square. Grade II. 1A Flamborough Street. Grade II. 3-7 (odd and even) Flamborough Street. Grade II. Hawthorn Cottage, 1 Flamborough Walk and Rose Cottage, Flamborough Walk. Grade II. Devonshire Cottage, Flamborough Walk. Grade II. Durham Villa, Flamborough Walk. Grade II. 8 Flamborough Street. Grade II. 16-21 (odd and even) Flamborough Street. Grade II. 22-24 (odd and even) Flamborough Street. Grade II. 683-691 (odd) Commercial Road. Grade II. 699-711 (odd) Commercial Road. Grade II. 604-608 (even) Commercial Road. Grade II. Commercial Road Bridge. Grade II. Viaduct, Commercial Road. Grade II. Accumulator Tower and Chimney, Mill Place (West side). Grade II. Library on Commercial Road. Grade II. Cannon Workshop, 3-5 (odd) Cannon Drive. Grade II. Cannon Workshop, 92-116 (even) Cannon Drive. Grade II. Cannon Workshop, 135-167 (odd) Cannon Drive. Grade II. West India Docks, Isle of Dogs. Grade I. Poplar Dock, Preston’s Road. Grade II. Accumulator Tower, Poplar Dock, Preston’s Road. Grade II. 110 Bow Road. Grade II. Drapers Almshouses, Railway Way (formerly Priscilla Road). Grade II. 35-49 Arnold Road (odd and even) including area railings). Grade II. 2-22 (even) Fairfield Road. Grade II. 163 Bow Road. Grade II. 223 Bow Road. Grade II. Bryant and May Factory, Main Building, Fairfield Road. Grade II. London Transport Trolley Bus Depot (Bow Bus Garage). Grade II. London Borough of Newham North Woolwich Station, Pier Road. Grade II. London Borough of Greenwich Royal Brass Foundry, Plumstead Road. Grade I. Verbruggen’s House, Plumstead Road. Grade II. Officers Quarters, Plumstead Road. Grade II. Royal Arsenal Middle Gate and attached boundary wall to the west. Royal Carriage Factory, Plumstead Road. Grade II. Royal Arsenal Middlegate House, Plumstead. Grade II. Council Depot (former electricity generating station), White Hart Road, Plumstead. Grade II. Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph. In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2). The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is— The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker. In sub-paragraph (1), the reference to arrangements, in relation to item 4 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

Section 59 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

To the extent that development consists of— it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out. The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified. The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) applies. In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the routes by which anything is to be transported on a highway by a large goods vehicle to— No arrangements for the purposes of sub-paragraph (1) shall be required— The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is— The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

This Part has effect in relation to development in the area of a unitary authority.

To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker. The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1). Where the local planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details. The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table. (1) (2) Operation or work Grounds 1. Construction works The erection, construction, alteration or extension of any building (except for anything within (b) or (c) or item 2 or 4) or road vehicle park. The construction, alteration or extension of any terracing, cuttings, embankments or other earth works. The erection, construction, alteration of extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression. That the design or external appearance of the works ought to be modified— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Act. 2. Minor construction works The erection, construction, alteration or extension of any transformers, telecommunications masts or pedestrian accesses to railway lines. That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. 3. Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)). That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. 4. Artificial lighting The erection, construction or installation of lighting equipment. That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act. 5. Waste and spoil disposal The disposal of waste or spoil. That— the design or external appearance of disposal sites on land within the relevant limits, the methods by which such sites are worked, or the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified, and are reasonably capable of being modified. That— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out. 6. Borrow pits The excavation of bulk materials from borrow pits. That— the design or external appearance of borrow pits on land within the relevant limits, the methods by which such pits are worked, or the noise, dust, vibration or screening arrangements during the operation of such pits, ought to be modified, and are reasonably capable of being modified. That— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out. In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work. In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to it in column (2) of the table does not apply in relation to development which— Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use. Sub-paragraph (4) (as it has effect with sub-paragraphs (5) to (7)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

The requirement set out in paragraph 14 shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule. For the purposes of sub-paragraph (1), development is relevant development to the extent that it consists of or includes the erection, construction, alteration or extension of any building. The requirements set out in paragraphs 15 and 16 shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule. For the purposes of sub-paragraph (3), excepted development is development consisting of— The requirements set out in paragraphs 17 and 18 shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule. The requirements set out in paragraph 19 shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.

A scheme may contain provision for imposing, on the transferor or a transferee, obligations— persons specified in the scheme. The persons who may be so specified are— Sub-paragraphs (4) to (7) apply where a scheme contains provision for imposing an obligation of the kind mentioned in sub-paragraph (1). The scheme must specify or describe the agreement or instrument to which the obligation relates. The obligation may be enforced in any authorised way by the person— In sub-paragraph (5) “enforced in any authorised way” means— The scheme may provide for sub-paragraph (6)(a) or (b)—

Where the transferor, and the transferee or transferees, under a scheme so agree, the scheme shall be treated for all purposes as having been made with such modifications as may be agreed. Sub-paragraph (1) does not apply in the case of an agreement relating to rights and liabilities under a contract of employment unless the employee is a party to the agreement. Sub-paragraph (1) does not apply in the case of an agreement that adversely affects the property or rights of a person other than the transferor or a transferee unless that person is a party to the agreement. An agreement under sub-paragraph (1) may make— Provision under sub-paragraph (4) may be made so as to have effect from when the scheme was made (or any later time).

Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2). The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is— No arrangements for the purposes of sub-paragraph (1) shall be required— In sub-paragraph (1), the reference to arrangements, in relation to item 6 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements. The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

To the extent that development consists of— it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out. The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified, and is reasonably capable of being modified. The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) applies. In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

No work to which this paragraph applies shall be brought into use without the approval of the local planning authority. The works to which this paragraph applies are— The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) if— The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified— and that the scheme is reasonably capable of being so modified.

Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b), the nominated undertaker shall be required—

Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works. The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority. If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the appropriate Ministers may determine after consultation with the nominated undertaker and the district planning authority. Where, independently of any consultation under sub-paragraph (3), the appropriate Ministers ask the district planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (3), they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request. Sub-paragraph (2) shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 23 applies. Sub-paragraph (2) shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5. In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

Where a planning authority considers that a request for approval under Part 2 or 3 relates to matters which may affect— it shall within 5 days of receiving the request, invite the appropriate body or bodies to make representations. Where under sub-paragraph (1) a planning authority has invited a body to make representations about a request for approval under Part 2 or 3, it shall not make any decision about the request until— An invitation under sub-paragraph (1) shall specify the time limit for making representations. For the purposes of this paragraph, the following are the appropriate bodies in relation to the following matters— Matter Body Nature conservation. Natural England. Conservation of the natural beauty or amenity of the countryside. Natural England. Sites of archaeological or historic interest. The Historic Buildings and Monuments Commission for England.

Any power under paragraph 1, 2 or 3 to make a scheme for the transfer of any property from one person (A) to another person (B) may be exercised instead so as to make a scheme under that paragraph for the creation by A in favour of B of an interest in, or right in relation to, the property.

A scheme may define property, rights or liabilities for whose transfer it provides— A scheme may define retained property for the purposes of provision made under paragraph 6(1)(b)— A description of property, rights or liabilities may be framed (in particular)—

A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme. In sub-paragraph (1) “third party”, in relation to a scheme, means a person who is neither the transferor nor a transferee.

At the time appointed for the purpose by a scheme— shall, by virtue of this sub-paragraph, be transferred or (as the case may be) created in accordance with the scheme. A scheme may appoint different times for the transfer or creation of different things.

Where the Secretary of State proposes to make a scheme under paragraph 1(1), 2(1) or 3(1) he may direct— to provide him with such information as he considers necessary to enable him to make the scheme.

Nothing in section 3 of the London Squares Preservation Act 1931 (c. xciii) (protection of squares) shall have effect in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works. Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.

The following provisions of the Port of London Act 1968 (c. xxxii) shall not apply in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works—

Section 5 of the Food and Environment Protection Act 1985 (c. 48) (requirement for licences for deposit of substances and articles in the sea etc.) shall not apply to the deposit of substances and articles within the limits of deviation for Work No. 1/4A, 1/4B, 1/6A, 1/6B, 1/29, 1/38A or 1/38B in exercise of the powers conferred by this Act in relation to that work, or any work in connection with it. In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) shall only apply to deposit in the course of use as a construction material.

Where a planning authority considers that a request for approval under Part 2 or 3 relates to matters which may affect— it shall within 5 days of receiving the request, invite the Environment Agency to make representations. Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part 2 or 3, it shall not make any decision about the request until— An invitation under sub-paragraph (1) shall specify the time limit for making representations.

Sub-paragraph (2) applies where (apart from that sub-paragraph) a person would have a triggered entitlement in consequence of— That triggered entitlement shall, as respects the interest or right to which it relates, be enforceable in consequence of the circumstances mentioned in sub-paragraph (1)(a), (b) or (c) to the extent only that the scheme provides for it to be so enforceable. In this paragraph “triggered entitlement”, in relation to a scheme, means an entitlement—

This paragraph applies to a direction under paragraph 17. The direction must specify the period within which the information is to be provided. The period specified must be not less than 28 days beginning with the day when the direction is given. If a person fails to comply with the direction, the Secretary of State may serve a notice on the person— No person may be required under this paragraph— A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable— If a person fails to comply with a notice under sub-paragraph (4), the High Court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good. Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of— In this paragraph—