Search Legislation

High Speed Rail (London - West Midlands) Act 2017

Status:

This is the original version (as it was originally enacted).

Condition relating to other construction works

This section has no associated Explanatory Notes

3(1)If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority.

(2)This paragraph applies to development to the extent that it consists of the construction of any of the following—

(a)a road vehicle park;

(b)earthworks;

(c)sight, noise or dust screens;

(d)transformers, telecommunications masts or pedestrian accesses to railway lines;

(e)fences or walls;

(f)lighting equipment.

(3)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.

(4)The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(5)Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details.

(6)The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in relation to the work in question in the following table.

DevelopmentPossible grounds for refusal of approval
1. A road vehicle park.

That the design or external appearance of the works ought to, and could reasonably, be modified—

(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.

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

2. Earthworks.

3. Sight, noise or dust screens.

That the design or external appearance of the works ought to, and could reasonably, be modified—

(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.

If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits.

4. Transformers, telecommunications masts or pedestrian accesses to railway lines.

That the design or external appearance of the works ought to, and could reasonably, be modified to preserve the local environment or local amenity.

That the development ought to, and could reasonably, be carried out on land elsewhere within the development’s permitted limits.

5. Fences and walls (except for sight, noise and dust screens).That the development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits.
6. Artificial lighting equipment.

That the design of the equipment, with respect to the emission of light, ought to, and could reasonably, be modified to preserve the local environment or local amenity.

If the development does not form part of a scheduled work, that 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 specified in the table in sub-paragraph (6) in relation to the work in question.

(8)Any reference in sub-paragraph (2) or (6) to a description of works does not include works of that description of a temporary nature.

(9)In this paragraph—

  • “construction” includes erection, alteration, extension and (in the case of lighting equipment) installation;

  • “earthworks” means terracing, cuttings, embankments or other earth works;

  • “road vehicle park” does not include anything which is a building;

  • “sight, noise or dust screens” means any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

(10)The requirements in this paragraph do not apply where development to which this paragraph applies is 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).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources