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High Speed Rail (London - West Midlands) Act 2017

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This is the original version (as it was originally enacted).

Condition relating to building works

This section has no associated Explanatory Notes

2(1)To the extent that development consists of building works, it must be carried out in accordance with plans and specifications for the time being approved by the relevant planning authority.

(2)In this paragraph “relevant planning authority” means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

(3)The relevant 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 building works to be submitted for approval.

(4)Where the relevant planning authority exercises the power conferred under sub-paragraph (3), the plans and specifications referred to in sub-paragraph (1) must, as regards the specified respect, include a plan or specification showing the additional details.

(5)If the relevant planning authority is a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that—

(a)the design or external appearance of the building works ought to be modified—

(i)to preserve the local environment or local amenity,

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

(iii)to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified, or

(b)the development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits.

(6)If the relevant planning authority is not a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that—

(a)the design or external appearance of the building works ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified, or

(b)the development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits.

(7)The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground referred to in sub-paragraph (5) or (6) (as the case may be).

(8)In this paragraph, “building works” means the erection, construction, alteration or extension of any building, other than a temporary building.

(9)For these purposes, a building ancillary to a scheduled work is only a temporary building 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.

(10)The requirements in this paragraph do not apply to building works to the extent that they are ancillary to development consisting of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

(and see paragraph 7 as to such development).

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