UDP Part 3 - Annexes - Annexe V

UDP Part 3 - Annexes - Annexe V

Annexe V

SECRETARY OF STATE FOR TRANSPORT

SAFEGUARDING DIRECTIONS FOR DEVELOPMENT AFFECTING THE ROUTE AND ASSOCIATED WORKS PROPOSED FOR THE CROSSRAIL PROJECT – MAIDENHEAD TO OLD OAK COMMON, OLD OAK COMMON TO ABBEY WOOD, STRATFORD TO SHENFIELD AND WORKS AT WEST HAM, PITSEA AND CLACTON-ON-SEA

 
The Secretary of State for Transport, in exercise of the powers conferred on her by articles 10(3), 14(1) and 27 of the Town and Country Planning (General Development Procedure) Order 1995, (“the 1995 Order”) and of all other powers enabling her in that behalf, hereby directs the local planning authorities named in the Schedule hereto as follows:-

1. These Directions shall come into force on 24 of January 2008 and apply in respect of any application for planning permission which has not been finally determined by that date in relation to development within the zone specified in paragraph 2 below, other than development of the exempted category specified in paragraph 3 below.

2. The zone referred to in paragraph 1 above is the zone lying within the limits on the plans dated January 2008 (plans available at the Council offices)—

(a) Volume 1 – (between Old Oak Common and Abbey Wood) 1 to 5, 5a, 6 to 13, 17, 18, 19, 22 to 27, 27a, 28 to 35, 100, 101, 102, 103, 131, 132, 133, 300, 301, 302 and 302a;
(b) Volume 2 – (between Stratford and Shenfield) 18, 19, 20, 21, 200 to 235, 238 and 239;
(c) Volume 3 – (between Old Oak Common and Maidenhead) 303 to 326, 326a, and 327 to 346;
(“the plans”) marked “Limits of Land Subject to Consultation” being the zone relating to the route of a railway or railways proposed to be constructed— 
(a) between Maidenhead in the Royal Borough of Windsor and Maidenhead and Old Oak Common in the London Borough of Hammersmith and Fulham;
(b) between Old Oak Common in the London Borough of Hammersmith and Fulham and Abbey Wood in the London Borough of Greenwich; and
(c) between Stratford in the London Borough of Newham and Shenfield in the Borough of Brentwood and works at West Ham in the London Borough of Newham, Pitsea in the District of Basildon and Clacton-on-Sea in the District of Tendring.

3. (a) The exempted category of development referred to in paragraph 1 above is any development which is—

(i) within that part of the zone specified in paragraph 2 above which lies within the limits shown on the plans 3 to 35 and is not shown shaded on those plans; and
(ii) consists only of an alteration to a building of a sort referred to in sub-paragraph (b) below; and
(iii) does not involve, and is not likely to involve, any construction, engineering or other operations below existing ground level.
(b) A building to which sub-paragraph (a) applies is a hereditament which falls within the scope of section 149(3) of the Town and Country Planning Act 1990 and which, after development, would remain within the scope of that section of that Act.

4. (a) Subject to sub-paragraph (b) below, before granting planning permission on any application to which these Directions apply, a local planning authority shall consult Cross London Rail Links Limited.
(b) The requirement to consult does not apply where—

(i) the development concerned lies within that part of the zone specified in paragraph 2 above which lies within the limits shown on the plans 3 to 35 and is not within any area shown shaded on those plans; and
(ii) the local planning authority proposes to grant permission to which a condition is to be attached precluding any building, engineering or other operation deeper than 3 metres below existing ground level.

5. Where a local planning authority is required by paragraph 4 above to consult Cross London Rail Links Limited, they shall not grant planning permission on the application otherwise than to give effect to the recommendation of Cross London Rail Links Limited—
(a) unless they have delivered to the Secretary of State for Transport the material specified in paragraph 6 below; and
(b) until the expiry of a period of 21 days from the date from which that material was delivered to the Secretary of State.

6. The material referred to in paragraph 5 above is—

(a) a copy of the application together with a copy of any plans or documents submitted with it;
(b) a copy of the response of Cross London Rail Links Limited to consultation by the authority in pursuance of paragraph 4 above;
(c) such information regarding the application as the Secretary of State may require by direction under article 20(4) of the 1995 Order; and
(d) a statement on the provision of the development plan and other issues involved, including whether the grant of permission would be contrary to the views of another government department.

7. Subject to paragraph 8 below, the Directions issued to local planning authorities on the 22 February 2005 under articles 10(3), 14(1) and 27 of the Town and Country Planning (General Development Procedure) Order 1995, specifying safeguarding limits for areas between Maidenhead and Old Oak Common, Old Oak Common and Abbey Wood and between Stratford and Shenfield are hereby cancelled.

8. The Safeguarding Direction issued by the Secretary of State for Transport on the 24 February 2005 for the safeguarding of the route from Abbey Wood to Hoo Junction remains in force.

The Directions have been made by the Secretary of State for Transport. They are not proposals of the local planning authority and the routes in question will not be determined through the development plan process. They will be considered in Parliament under hybrid Bill procedures, which will provide appropriate opportunities for petitions to be made to Parliament by those directly affected by the scheme. Further information on the hybrid Bill procedures can be obtained from www.parliament.uk, and from the Cross London Rail Links Limited help desk telephone 0845 602 3813 (24 hour service) or helpdesk@crossrail.co.uk