PART 2Principal Powers

Application and modification of legislative provisions7.

(1)

Regulation 6 of the Hedgerows Regulations 199729 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

“or

(k)

for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”.

(2)

The provisions of the Neighbourhood Planning Act 201730 insofar as they relate to temporary possession of land under articles 26 (temporary use of land for carrying out the authorised project) and 27 (temporary use of land for maintaining the authorised project) of this Order do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project.

(3)

The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project—

(a)

the 2016 Regulations, to the extent that they require a permit for anything that would have required consent made under section 109 of the Water Resources Act 1991 immediately before the repeal of that section;

(b)

the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 of the Water Resources Act 1991 that require consent or approval for the carrying out of works;

(c)

section 23 of the Land Drainage Act 199131 (prohibition of obstructions etc. in watercourses); and

(d)

the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (powers to make byelaws) that require consent or approval for the carrying out of works.