The Act of 1989 shall have effect subject to the following amendments consequential on the coming into operation of provisions of the [1991 c. 22.] New Roads and Street Works Act 1991:—
(1)For subsections (1) to (3) of section 5 (application of street works code) there shall be substituted the following:—
“(1)In relation to so much of the authorised works as would, if executed by the highway authority, be works for road purposes or major highway works within the meanings given by section 86 of the New Roads and Street Works Act 1991, Part III of that Act shall have effect as if the Executive were the highway authority.”.
(2)In subsection (5) of section 5, for the words “a highway authority” there shall be substituted the words “the traffic authority”.
(3)Section 41 (17) (b) (betterment arising on provision of alternative apparatus) shall have effect notwithstanding the repeal of the [1950 c. 39.] Public Utilities Street Works Act 1950.
Where under this Act any difference (other than a difference to which the provisions of the Act of 1965 apply) is to be determined by arbitration, then, unless otherwise provided, the difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President of the Institution of Civil Engineers.
(1)Subject to subsection (2) below, in its application to development authorised by this Act, the planning permission specified in subsection (3) below shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years after the passing of this Act.
(2)Subsection (1) above shall not apply to the carrying out of any development consisting of the alteration, renewal, maintenance or repair of the authorised works or the substitution of new works therefor.
(3)The planning permission referred to in subsection (1) above is that granted for development permitted by article 3 of, and Class A in Part 11 of Schedule 2 to, the [S.I. 1988/1813.] Town and Country Planning General Development Order 1988 (which permits development authorised by private Act designating specifically both the nature of the development thereby authorised and the land on which it may be carried out).