SCHEDULES
SCHEDULE 7Planning conditions
Part 3Development not in the area of a unitary authority
District conditions: qualifying authority
15
1
To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.
2
The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).
3
Where the district planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.
4
The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table.
(1) | (2) |
|---|---|
Operation or work | Grounds |
1. Construction works
| That the design or external appearance of the works ought to be modified—
and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Act. |
2. Minor construction works The erection, construction, alteration or extension of any transformers, F1electronic communications masts or pedestrian accesses to railway lines. | That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. |
3. Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)). | That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. |
4. Artificial lighting The erection, construction or installation of lighting equipment. | That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act. |
5
In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work.
6
Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.
7
Sub-paragraph (4) (as it has effect with sub-paragraphs (5) and (6)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.
16
1
Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2).
2
The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is—
a
that 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 other permitted development which is to be carried out in the authority's area, or
b
the ground specified in relation to the matter in column (2) of the table.
(1) | (2) |
|---|---|
Matters | Grounds |
1. Storage sites Sites on land within the relevant limits at which—
are to be stored until used or re-used in carrying out the development or disposed of as waste. | That the arrangements ought to be modified—
and are reasonably capable of being so modified. |
2. Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development. | As item 1. |
3. Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development. | As item 1. |
4. Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development. | That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified. |
5. Suppression of dust The suppression of dust caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development. | As item 4. |
6. Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying out the development. | That the arrangements ought to be modified—
and are reasonably capable of being so modified. |
3
The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.
4
In sub-paragraph (1), the reference to arrangements, in relation to item 4 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.
17
1
No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.
2
The works to which this paragraph applies are—
a
any scheduled work, except for—
i
a station, or
ii
so much of any work constructed in a tunnel as is at least 9 metres below the surface of the land in which it is constructed, and
b
any depot constructed, in exercise of the powers conferred by this Act, for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.
3
The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) if—
a
it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or
b
it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.
4
The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—
a
to preserve the local environment or local amenity,
b
to preserve a site of archaeological or historic interest, or
c
in the interests of nature conservation,
and that the scheme is reasonably capable of being so modified.
18
Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b), the nominated undertaker shall be required—
a
to carry out the scheme, and
b
to comply with any condition subject to which the scheme is approved.