Planning Act 2008

Section 120

SCHEDULE 5 Provision relating to, or to matters ancillary to, development

Part 1 The matters

1 The acquisition of land, compulsorily or by agreement.

2 The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement.

3 The abrogation or modification of agreements relating to land.

4 Carrying out specified excavation, mining, quarrying or boring operations in a specified area.

5 The operation of a generating station.

6 Keeping electric lines installed above ground.

7 The use of underground gas storage facilities.

8 The sale, exchange or appropriation of Green Belt land.

9 Freeing land from any restriction imposed on it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.

10 The protection of the property or interests of any person.

11 The imposition or exclusion of obligations or liability in respect of acts or omissions.

12 Carrying out surveys or taking soil samples.

13 Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.

14 The removal, disposal or re-siting of apparatus.

15 Carrying out civil engineering or other works.

16 The diversion of navigable or non-navigable watercourses.

17 The stopping up or diversion of highways.

18 Charging tolls, fares and other charges.

19 The designation of a highway as a trunk road or special road.

20 The specification of the classes of traffic authorised to use a highway.

21 The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.

22 The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.

23 The specification of the highway authority for a highway.

24 The operation and maintenance of a transport system.

25 Entering into an agreement for the provision of police services.

26 The discharge of water into inland waters or underground strata.

27 Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to have been given by the Secretary of State for operations specified in the order and subject to such conditions as may be specified in the order.

28 Deeming any such conditions to have been imposed by the Secretary of State under that section.

29 Deeming a licence under Part 2 of the Food and Environment Protection Act 1985 (c. 48) to have been issued by a specified licensing authority for operations specified in the order and subject to such provisions as may be specified in the order.

30 Deeming any such provisions to have been included in the licence by the specified licensing authority by virtue of that Act.

31 The creation of a harbour authority.

32 Changing the powers and duties of a harbour authority.

33 The transfer of property, rights, liabilities, or functions.

34 The transfer, leasing, suspension, discontinuance and revival of undertakings.

35 The payment of contributions.

36 The payment of compensation.

37 The submission of disputes to arbitration.

38 The alteration of borrowing limits.

Part 2 Interpretation

39 (1) This paragraph applies for the purposes of this Schedule.

(2) “Transport system” means any of the following—

(a) a railway,

(b) a tramway,

(c) a trolley vehicle system,

(d) a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).

(3) “Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.

(4) The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)—

• “guided transport”,

• “tramway”,

• “trolley vehicle system”.