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Crossrail Act 2008

Status:

This is the original version (as it was originally enacted).

Section 16

SCHEDULE 9Heritage: disapplication and modification of controls

This schedule has no associated Explanatory Notes

Listed buildings and conservation areas

1(1)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—

(a)section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Act,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, and

(d)no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act.

(2)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.

(3)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.

(4)If a building included in a conservation area and not a listed building—

(a)was not included in a conservation area immediately before 15th December 2004, or

(b)was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,

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)
AreaBuildingWorks
Royal Borough of Windsor & Maidenhead and District of South BucksMaidenhead Viaduct. Grade II*Alterations in connection with installation of overhead electrification equipment.
Borough of SloughSlough railway station. Grade IIDemolition of canopies over platform 5. Alterations in connection with platform lengthening, new footbridge, overhead line electrification and ticket hall rearrangement.
London Borough of EalingHanwell railway station. Grade IIAlterations in connection with platform lengthening.
City of WestminsterSouthern 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 1Demolition 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 1Alterations and partial demolition of basement and ground floor. Alterations to form an emergency escape in the horse arch.
Great Western Hotel, Praed Street. Grade IIAlterations relating to emergency escape provision.
Paddington Underground Station, Praed Street. Grade IIAlterations 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 Camden148 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 IIDemolition 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 IIDemolition of interior and roof (facade to Southampton Row, Fisher Street and Catton Street to be retained).
Kingsway Tram Tunnel. Grade IIAlterations in connection with carrying out of compensation grouting for the protection of buildings in the vicinity.
City of LondonSmithfield 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 Islington40-42 (even) Charterhouse Street
City of LondonPavilion, 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 IIAlterations in connection with carrying out of compensation grouting for the protection of buildings in the vicinity.
London Borough of Tower Hamlets63-67 (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 DagenhamCoal tax marker, Chadwell Heath. Grade II
London Borough of HaveringGidea Park Station footbridge
London Borough of Greenwich12, 14, 15 & 16 Gunnery Terrace
Council depot (former electricity generating station), White Hart Road, Plumstead. Grade IIAlterations in connection with use of the building as site offices and a workshop.

(5)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.

(6)In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

2(1)In the case of a listed building to which sub-paragraph (2) applies—

(a)section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b), and

(d)no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b).

(2)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)
AreaBuilding
City of WestminsterWestbourne 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 CamdenCentre 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 Islington51-53 (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 London133-134 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 Hamlets4A, 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 NewhamNorth Woolwich Station, Pier Road. Grade II.
London Borough of GreenwichRoyal 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.

(3)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.

(4)In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

3Section 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.

Ancient monuments etc.

4(1)This paragraph has effect in relation to the Ancient Monuments and Archaeological Areas Act 1979 (c. 46).

(2)Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Act.

(3)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.

(4)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.

(5)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.

(6)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.

(7)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.

(8)In section 25 (treatment of ancient monuments)—

(a)subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Act, and

(b)subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.

(9)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.

(10)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.

(11)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.

(12)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.

(13)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.

5(1)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.

(2)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.

(3)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.

(4)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.

(5)In sub-paragraph (4), “appropriate Ministers” means the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport.

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