Planning

Deemed planning permission
20
1
Planning permission is deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act.
This is subject to the other provisions of this Act.
2
Where development authorised by this Act consists of the carrying out of a work which is not a scheduled work, subsection (1) does not apply if—
a
the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,
b
the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and
c
the development is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill.
3
Schedule 17 imposes conditions on deemed planning permission under subsection (1).
4
Deemed planning permission under subsection (1) is specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (specific planning permission for development of statutory undertakers' land relevant to whether the land is operational land).
5
Development which has deemed planning permission under subsection (1) is not development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing it).

Time limit on deemed planning permission
21
1
In relation to development consisting of the construction of a scheduled work, it is a condition of the deemed planning permission under section 20(1) that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.
2
The Secretary of State may, in relation to any such development, by order extend the period within which the development must be begun by virtue of this section.
3
An order under subsection (2) must be made by statutory instrument; and a statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
4
Section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) does not apply to deemed planning permission under section 20(1).

Power to disapply deemed planning permission
22
1
The Secretary of State may by order provide, in relation to any work constructed in exercise of the powers conferred by this Act, that section 20(1) is not to apply to development consisting of operations for the maintenance or alteration of the work which are begun on or after a day specified in the order.
2
The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing that order) has effect in relation to any development excepted from section 20(1) by subsection (1) as if this Act were a local Act.
3
An order under subsection (1) may make different provision for different cases.
4
An order under subsection (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.
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Parking at Birmingham Interchange: limit on deemed planning permission
23
1
In the case of development consisting of the provision of parking at Birmingham Interchange (““relevant development””), section 20(1) only applies to development which, when taken together with any other relevant development which has deemed planning permission under section 20(1), does not involve—
a
the provision of more than 7500 parking spaces for cars, and
b
the provision of more than 5 parking spaces for coaches.
2
Schedule 17 (planning conditions) does not apply to development to which subsection (1) applies.
3
The deemed planning permission under section 20(1) for relevant development is to be treated for the purposes of the Development Management Procedure Order (and for no other purpose) as an outline planning permission in respect of which access, appearance, landscaping and layout (in each case as defined by that Order) are specified as reserved matters for the subsequent approval of the local planning authority.
4
In this section—
a
“"Birmingham Interchange”” means so much of the land within the Act limits as falls within the area bounded by—
i
the A452 Chester Road to the east,
ii
the M42 to the west, and
iii
the A45 Coventry Road to the south;
b
“"the Development Management Procedure Order”” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) (or any order replacing it);
c
the reference to development consisting of the provision of parking does not include development consisting of—
i
the provision of short-term parking for cars, taxis and coaches, or
ii
the provision of parking on working sites.

Development consent
24
The works authorised by this Act do not require consent under the Planning Act 2008 (development consent).
S. 22(5)-(11) omitted (28.6.2018) by virtue of The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), arts. 1, 26(1)(a)