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.
Applications made under the Crossrail Act 2008 are different from the normal planning applications made under the Town and Country Planning Act as they have received deemed approval through Royal Assent, subject to certain details for Local Planning Authority’s approval. Thus, Local Planning Authority’s powers in deciding applications made the Schedules are limited by the provisions of the Act. The City Council has signed up to become an ‘Qualifying Authority’ on 13th May 2008 to have powers to consent to a wider range of detailed matters made under Schedule 7 (Planning Conditions Schedule) of the Act.
Schedule 7 of the Act sets out the items requiring further detailed approval for both permanent works (plans and specifications) and construction arrangements (temporary works). 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, subject to the conditions set out under Schedule 7 of the Act.
It is important to note that since Crossrail works have already received deemed approval through the Crossrail Act 2008, a Local Planning Authority can only refuse or impose conditions on a Schedule 7 application (S7) on the basis of grounds specified in the schedule, which is:
“that arrangements ought to be modified to preserve the local environment or local amenity or to reduce the prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.”
The City Council will have eight weeks to determine the Schedule 7 applications, whenever possible, a lesser period. Non compliance will result in the City Council losing their 'Qualifying Authority' status. Applications will receive deemed refusal if they are not decided within the eight week statutory period.
If Schedule 7 applications received deemed refusal from the council or if applications were to go to appeal it would be subject to determination by the Secretary of State, in accordance with the same provisions set out in the Act and through the City Council’s assessment of the proposals.
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