Crossrail

 
 

Qualifying Authority and Schedule 7

The Crossrail Act 2008 gives the appointed constructor (the Nominated Undertaker) deemed planning permission for the scheduled works (i.e. the works described in detail in the Bill) along with the necessary powers to construct Crossrail Line 1. The permission will, however, be subject to the condition that the works are carried out in accordance with the planning regime established under Schedule 7 (Planning Condition Schedule) of the Crossrail Act 2008.

Under this regime the deemed planning permission granted by the Act would be subject to specific conditions requiring various ‘reserved’ matters to be referred to the local authority for approval. Schedule 7 sets out the grounds on which a qualifying authority may refuse to approve an application for ‘reserved’ matters as well as details of conditions that can be imposed upon applications recommended for approval. Schedule 7 relates to applications for ‘plans and specifications’ as well as ‘construction arrangements’ in relation to the proposed Crossrail development.

It is important to note that the City Council will have eight weeks to determine the Schedule 7 applications within the timetable referred to in Schedule 7, whenever possible, a lesser period. Non compliance will result in the City Council losing their ‘Qualifying Authority’ status.

A report was presented on the Planning and City Development Committee recommending the City Council to sign up to become an Qualifying Authority to have powers to consent to a wider range of detailed matters made under Schedule 7 of the Act. The Planning and City Development Committee gave their approval on the 8th May 2008 and the City Council signed up to become a ‘Qualifying Authority’ on 13th May 2008.

The Environmental Minimum Requirements (EMRs) and the Community Relations Strategy (CRS) lay down the Promoter’s standard policies and processes. This will have a bearing on the council’s subsequent role as the approving authority in respect of planning, transportation (in particular highways) and environmental health control powers, under which applications will subsequently be submitted for our approval under the terms of the Act.

The committee report on becoming a qualifying authority for the purposes of schedule 7 can be viewed below.