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Channel Tunnel Rail Link Act 1996

Status:

This is the original version (as it was originally enacted).

22(1)To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, 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.

(2)The county 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.

(3)Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)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 the following table is a ground specified in relation to it in the right-hand column of that table.

The Table
Operation or workGrounds

Note: In the case of items 2 and 3, the second of the grounds specified does not apply in relation to development which—

(a)

is within the limits of deviation for the scheduled works, or

(b)

consists of the use of land specified in columns (1) and (2) of Part I of Schedule 4 for a purpose specified in relation to the land in column (3) of that Part.

Highway access

1The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.

That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
Waste and spoil disposal

2The disposal of waste or spoil.

That—

(a)

the design or external appearance of disposal sites on land within the relevant limits,

(b)

the methods by which such sites are worked, or

(c)

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—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

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.

Borrow pits

3The excavation of bulk materials from borrow pits.

That—

(a)

the design or external appearance of borrow pits on land within the relevant limits,

(b)

the methods by which such pits are worked, or

(c)

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—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

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.

(5)Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

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