County conditions: qualifying authority
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 work | Grounds |
|---|---|
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. | |
1. Highway access The 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. |
2. Waste and spoil disposal The 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. | |
3. Borrow pits The 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.
23(1)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 the left-hand column of the table in sub-paragraph (2) below.
(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 the following table is—
(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or
(b)the ground specified in relation to the matter in the right-hand column of the table.
The Table
| Matters | Grounds |
|---|---|
1. Handling of re-usable spoil and top soil Handling during removal, storage, and re-use of any spoil or top soil removed during the course of carrying out the development. | That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified. |
2. Storage sites Sites on land within the relevant limits at which— (a) minerals, aggregates or other construction materials required for the development, or (b) spoil or top soil, are to be stored until used or re-used in carrying out the development or disposed of as waste. | That the arrangements ought to be modified— (a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or (b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified. |
3. Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development. | As item 2. |
4. Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development. | As item 2. |
5. Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out. | That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified. |
6. Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development. | As item 5. |
7. Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development. | As item 5. |
8. Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development. | That the arrangements ought to be modified— (a) to preserve the local environment or local amenity, or (b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified. |
9. Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a working site or camp. | That the arrangements 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 are reasonably capable of being so modified. |
(3)The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.
24(1)To the extent that development consists of—
(a)the disposal of waste or spoil, or
(b)the excavation of bulk materials from borrow pits,
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.
(2)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.
(3)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) above applies.
(4)In sub-paragraph (1) above, 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.
25(1)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 means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.
(2)The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—
(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or
(b)that the arrangements ought to be modified—
(i)to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or
(ii)to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,
and are reasonably capable of being so modified.
(3)The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.
(4)In this paragraph, “large goods vehicle” has the same meaning as in Part IV of the [1988 c. 52.] Road Traffic Act 1988.