The Beacon Fen Energy Park Order 2026
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Change 1
8 Disapplication, application and modification of legislative provisions
(1) The provisions of the Neighbourhood Planning Act 2017 do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development insofar as they relate to the temporary possession of land under articles 32 (temporary use of land for carrying out the authorised development) and 34 (temporary use of land for maintaining or decommissioning the authorised development) of this Order. (2) Regulation 6 of the Hedgerows Regulations 1997 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 or the maintenance of development which has been authorised by the Beacon Fen Energy Park Order 2026. . (3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the authorised development is deemed to be felling that is immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (4) Section 141 of the 1980 Act (restriction on planting trees etc. in or near carriageway) does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction. (5) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be— (a) a building into which people do not normally go; or (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
8 Disapplication, application and modification of legislative provisions
(1) The provisions of the Neighbourhood Planning Act 2017 do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development insofar as they relate to the temporary possession of land under articles 32 (temporary use of land for carrying out the authorised development) and 34 (temporary use of land for maintaining or decommissioning the authorised development) of this Order. (2) Regulation 6 of the Hedgerows Regulations 1997 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 or the maintenance of development which has been authorised by the Beacon Fen Energy Park Order 2026. . (3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the authorised development is deemed to be felling that is immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (4) Section 141 of the 1980 Act (restriction on planting trees etc. in or near carriageway) does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction. (5) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be— (a) a building into which people do not normally go; or (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
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