High Speed Rail (London - West Midlands) Act 2017

Condition relating to road transport

6 (1) If the relevant planning authority is a qualifying authority, development must, with respect to the matters to which this paragraph applies, be carried out in accordance with arrangements approved by that authority.

(2) The matters to which this paragraph applies are the routes by which anything is to be transported on a highway by a large goods vehicle to—

(a) a working or storage site,

(b) a site where it will be re-used, or

(c) a waste disposal site.

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

(4) Sub-paragraph (1) does not require arrangements to be approved in relation to—

(a) transportation on a special road or trunk road, or

(b) transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

(5) The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph on the ground that—

(a) 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 development which has deemed planning permission under section 20(1) and which is to be carried out in the authority’s area, or

(b) the arrangements 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 are reasonably capable of being so modified.

(6) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph—

(a) with the agreement of the nominated undertaker, and

(b) on the ground referred to in sub-paragraph (5)(b).

(7) In this paragraph—

• “large goods vehicle” has the same meaning as in Part 4 of the Road Traffic Act 1988;

• “special road” and “trunk road” have the same meanings as in the Highways Act 1980.