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. This means Local Planning Authority’s powers in deciding applications made the Schedules are limited by the provisions of the Act.
We 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.
Here you can see the Crossrail Committee Report 8th May 2008.
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.
Please note: 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 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.”
We have eight weeks to determine 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.
The Secretary of State for Transport issued Safeguarding Directions to protect the route from any conflicting developments which could interfere with the construction or operation of Crossrail.
The direction requires local planning authorities to consult with Crossrail regarding planning applications within the limits shown on the safeguarding plans before granting planning approval as they may conflict with the proposed route.
The existence of the Safeguarding Direction is declared by the local planning authority in response to searches of the local Land Charges register. If your property is within 200 metres of the safeguarding zone, or if you are considering making an application within these areas, please contact the Crossrail safeguarding team for information about the effect of the safeguarding on your site.
Revised safeguarding directions was issued on 24 January 2008 which safeguarded the route from Maidenhead to Shenfield and also Abbey Woo. It came into force in July 2008 when the Crossrail Act 2008 was enacted
2. Chelsea - Hackney Line
The Secretary of State for Transport issued the Safeguarding Direction for this line on 18 June 2008, replacing the original Direction issued in 1991. It safeguarded the route from Wimbledon to Epping, also areas near Putney Bridge and Wimbledon Stations. The new Safeguarding Direction came into force on the 30 June 2008
The existence of the Safeguarding Direction is declared by the local planning authority in response to searches of the local Land Charges register.
If your property is within 200 metres of the safeguarding zone or if you are considering making an application within these areas, please contact the Crossrail safeguarding team for information about the effect of the safeguarding on your site.
Tel: 020 3023 9100
Fax: 020 3023 9101
Alternatively, please use Crossrail's safeguarding website to identify whether the area concerned is within the safeguarded route.