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SCHEDULE 3U.K. Planning Permission

SpoilU.K.

4(1)No surplus spoil shall be deposited except on the landward side of the sea wall.U.K.

(2)No more than the maximum permitted amount of spoil shall be deposited there (whether or not as surplus spoil).

(3)The maximum permitted amount of spoil is the amount deriving from the excavation of 3.75 million cubic metres of unexcavated material.

(4)The functions of a local planning authority of issuing enforcement notices under section 87 of the Act of 1971 or serving stop notices under section 90 of that Act shall be exercisable by the county planning authority so far as they relate to a breach of planning control consisting of failure to comply with the requirement imposed by sub-paragraph (2) above.

(5)The county planning authority may by notice in writing require the Concessionaires to give in writing within twenty-one days after the date on which the notice is served, or such longer time as may be specified in the notice or as the authority may allow, such information as may be so specified as to—

(a)the amount of spoil which has been deposited on the landward side of the sea wall; and

(b)the rate at which spoil is to be deposited there in the future;

and any information as to an amount of spoil shall be given by reference to the volume of the material from which it derives in its unexcavated state.

(6)Subsections (2) and (3) (offences) of section 284 of the Act of 1971 shall have effect in relation to notices under sub-paragraph (5) above as they have effect in relation to notices under subsection (1) of that section.

5(1)The methods to be employed in, and the timing of, the deposit of spoil on the landward side of the sea wall shall be in accordance with arrangements approved, at the request of the Concessionaires, by the county planning authority.U.K.

(2)The height of the spoil deposited on the landward side of the sea wall shall not exceed the maximum specified in those arrangements.

(3)Finishing treatment shall be applied to the surface of the spoil deposited there in accordance with those arrangements.

(4)The county planning authority shall not refuse, or impose conditions on the grant of, any approval required for the purposes of this paragraph unless they are satisfied that it is expedient to do so on the ground that the arrangements ought to be modified to preserve the amenity of the neighbourhood or the marine environment or in the interests of nature conservation and are reasonably capable of being so modified.

6U.K.Once the tunnel system has been brought into operation, the Concessionaires shall, in accordance with a scheme agreed with the county planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Concessionaires, settled by him, put so much of the area on the landward side of the sea wall as consists of land reclaimed by the deposit of spoil and is not required for or in connection with the operation of the tunnel system into such a condition as the scheme may provide.