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Planning Act 2008

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This is the original version (as it was originally enacted).

Section 120

SCHEDULE 5Provision relating to, or to matters ancillary to, development

This schedule has no associated Explanatory Notes

Part 1The matters

1The acquisition of land, compulsorily or by agreement.

2The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement.

3The abrogation or modification of agreements relating to land.

4Carrying out specified excavation, mining, quarrying or boring operations in a specified area.

5The operation of a generating station.

6Keeping electric lines installed above ground.

7The use of underground gas storage facilities.

8The sale, exchange or appropriation of Green Belt land.

9Freeing land from any restriction imposed on it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.

10The protection of the property or interests of any person.

11The imposition or exclusion of obligations or liability in respect of acts or omissions.

12Carrying out surveys or taking soil samples.

13Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.

14The removal, disposal or re-siting of apparatus.

15Carrying out civil engineering or other works.

16The diversion of navigable or non-navigable watercourses.

17The stopping up or diversion of highways.

18Charging tolls, fares and other charges.

19The designation of a highway as a trunk road or special road.

20The specification of the classes of traffic authorised to use a highway.

21The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.

22The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.

23The specification of the highway authority for a highway.

24The operation and maintenance of a transport system.

25Entering into an agreement for the provision of police services.

26The discharge of water into inland waters or underground strata.

27Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to have been given by the Secretary of State for operations specified in the order and subject to such conditions as may be specified in the order.

28Deeming any such conditions to have been imposed by the Secretary of State under that section.

29Deeming a licence under Part 2 of the Food and Environment Protection Act 1985 (c. 48) to have been issued by a specified licensing authority for operations specified in the order and subject to such provisions as may be specified in the order.

30Deeming any such provisions to have been included in the licence by the specified licensing authority by virtue of that Act.

31The creation of a harbour authority.

32Changing the powers and duties of a harbour authority.

33The transfer of property, rights, liabilities, or functions.

34The transfer, leasing, suspension, discontinuance and revival of undertakings.

35The payment of contributions.

36The payment of compensation.

37The submission of disputes to arbitration.

38The alteration of borrowing limits.

Part 2Interpretation

39(1)This paragraph applies for the purposes of this Schedule.

(2)“Transport system” means any of the following—

(a)a railway,

(b)a tramway,

(c)a trolley vehicle system,

(d)a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).

(3)“Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.

(4)The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)

  • “guided transport”,

  • “tramway”,

  • “trolley vehicle system”.

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