- a category 1 specified work
means so much of any permanent or temporary work or operation authorised by this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as— (a) consists of a flood risk activity, a water discharge activity or groundwater activity within the meaning of the Environmental Permitting Regulations, or (b) involves abstraction of water, or is likely to materially affect the quantity or quality of water which any person is licensed or permitted to abstract, from a source of supply within the meaning of the Water Resources Act 1991;
- a category 2 specified work
means any of the following— (a) erecting any mill dam, weir or other like obstruction to the flow of any ordinary watercourse, or raising or otherwise altering any such obstruction, (b) erecting a culvert in an ordinary watercourse, (c) altering a culvert in a manner that would be likely to affect the flow of an ordinary watercourse, or (d) altering, removing or replacing a structure or feature designated by a local drainage authority under Schedule 1 to the Flood and Water Management Act 2010;
- abstraction
has the same meaning as in WRA 1991;
- allotment
means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
- alternative apparatus
means apparatus provided in replacement of electronic communications apparatus in connection with the construction of the authorised works;
- ancillary matters
means—
- apparatus
means— (a) in the case of electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989) belonging to, or maintained by, such undertakers;
- appropriate Ministers
means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, means those Ministers acting jointly;
- approved arrangements
means arrangements approved for the purposes of paragraph 6 of Schedule 17;
- artificial lighting
means the use of artificial lighting on land within the Act limits for the purpose of carrying out the development;
- authorised person
means a person authorised by the nominated undertaker for the purposes of this paragraph;
- authorised site
means—
- authorised works
means works authorised by this Act;
- building
includes any structure other than— (a) anything in the nature of plant or machinery, (b) any gate, fence, wall or other means of enclosure, (c) any tunnel, earthworks (within the meaning of paragraph 3) or railway track bed, (d) any sight, noise or dust screens (within the meaning of paragraph 3), (e) transformers, telecommunication masts or pedestrian accesses to railway lines, (f) lighting equipment, and (g) anything underground, except where forming part of a station and intended for use by members of the public without a ticket or other permission to travel;
- building regulations
has the same meaning as in the 1984 Act (see section 122 of that Act).
- building works
means the erection, construction, alteration or extension of any building, other than a temporary building.
- burial ground
means— (a) a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of burial, and (b) any other place of burial;
- canal work
means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is in or over a canal owned or managed by Canal & River Trust and “non-canal work” means so much of any such work as is not in or over a canal.
- common
includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882;
- compensation for injurious affection
means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 1 of Schedule 9 to the High Speed Rail (West Midlands - Crewe) Act 2021.”
- construction
includes installation (and “construct” is to be construed accordingly);
- construction camps
means sites on land within the Act limits which are to be used for the residential accommodation of persons engaged in carrying out the development;
- construction materials
means minerals, aggregates or other construction materials required for the development;
- court
has the meaning given by section 25(4) of the Burial Act 1857;
- Crown authority
has the meaning given by section 50(4);
- Crown land
has the meaning given by section 50(3);
- decontrolled works
means works to which section 7 of the Listed Buildings and Conservation Areas Act would apply, but for paragraph 1(2)(a) or 2(2)(a) of this Schedule;
- Deposited statement
means—
- development
has the same meaning as in TCPA 1990;
- drainage work
means any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring, and includes land which provides or is to provide flood storage capacity for any watercourse;
- dust suppression
means the suppression of dust caused by construction operations carried out on land within the Act limits for the purpose of carrying out the development;
- earthworks
means terracing, cuttings, embankments or other earth works;
- electric line
has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64 of that Act).
- electronic communications code
means the code set out in Schedule 3A to the Communications Act 2003;
- electronic means
includes email and the internet;
- enactment
means either of the following (or a provision of either of the following)— (a) an Act (including a local or private Act), or (b) any subordinate legislation, within the meaning given by section 21 of the Interpretation Act 1978;
- engineering work
includes a bridge, tunnel, viaduct, cutting or embankment.
- Environmental Impact Assessment Regulations
means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571) (or any regulations replacing them);
- Environmental Permitting Regulations
means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).
- fishery
means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;
- functions
includes powers and duties;
- group
means a body corporate and all other bodies corporate which are its subsidiaries within the meaning given by section 1159 of the Companies Act 2006.
- group of proceedings
means a group consisting of—
- handling of re-useable spoil and topsoil
means handling during removal, storage and re-use of any spoil or topsoil removed during the course of carrying out the development;
- heavy commercial vehicle
has the same meaning as in RTRA 1984 (see section 138 of that Act);
- large goods vehicle
has the same meaning as in Part 4 of the Road Traffic Act 1988;
- lessee
means a person who holds an interest under a lease which has at least 21 years to run at the date of the giving of a relevant notice by that person;
- limits of deviation
means the limits of deviation for the scheduled works, as shown on the deposited plans;
- limits of land to be acquired or used
means the limits of land to be acquired or used which are shown on the deposited plans;
- local authority
means—
- local drainage authority
means a drainage authority other than the Agency;
- lorry ban order
means an order made at any time under section 1, 9 or 14 of the Road Traffic Regulation Act 1984 which to any extent imposes—
- monument
includes a tombstone or other memorial;
- movement-measuring apparatus
means apparatus for use in measuring any movement in a building or the ground on which a building is erected.
- Noise mitigation works
means works for the purpose of mitigating the effects of noise caused, or expected to be caused, by the construction or operation of any of the works authorised by this Act.
- non-canal work
means so much of any such work as is not in or over a canal.
- non-unitary area
means an area for which there is both a district and a county council;
- open space
means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
- ordinary watercourse
has the meaning given by the Land Drainage Act 1991;
- Phase 2a of High Speed 2
has the meaning given by section 1(3);
- Phase of High Speed 2
means—
- Phase One of High Speed 2
has the same meaning as in the High Speed Rail (London - West Midlands) Act 2017 (see section 1(3) of that Act).
- planning authority
means a county council or a district council.
- plans
includes sections, drawings, specifications and method statements;
- prescribed
means prescribed by regulations made by the appropriate Ministers.
- property of the highway authority
means any apparatus of the highway authority affixed to or placed under any highway.
- public sewer or drain
means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, the Homes and Communities Agency, an internal drainage board, a local authority, a joint planning board, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964;
- qualifying enactment
means— a section 10(1) of the Crossrail Act 2008, b section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017, or c section 17(1) or 47(3)(a) of the High Speed Rail (West Midlands - Crewe) Act 2021.”
- railway facility
includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway.
- railway infrastructure
means any building, structure, railway track or other work used, or intended to be used, for Phase 2a purposes.
- reinstatement works
means works for the purposes of or in connection with the reinstatement (whether on the same site or otherwise) of the whole or part of the undertaking in question.
- relevant authority
means— (a) the highway authority, in the case of the powers in sub-paragraph (1)(a) to (c);
- relevant environmental works
means— (a) landscaping or other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, or (b) works for the restoration of land affected by any of the works authorised by this Act, and may include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals.
- relevant flood risk activity
means an activity within paragraph 3(1)(a), (b) or (c) of Schedule 25 to those Regulations;
- Relevant Phase 2a land
means land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under the Act.
- relevant pipe-line
means—
- relevant planning authority
means the unitary authority or, in a non-unitary area, the district council in whose area the land is situated.
- relevant road
means a road, other than a special road or trunk road, which falls within one or more of the following paragraphs— (a) a road which is part of a route identified in a deposited statement as a construction traffic route;
- relevant works
means works which are—
- right of common
has the same meaning as in the Commons Act 2006.
- road
has the same meaning as in RTRA 1984 (see section 142(1) of that Act);
- road mud control measures
means measures to be taken on land within the Act limits to prevent or reduce the carrying of mud on to any public highway as a result of carrying out the development;
- scheduled monument
has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979.
- scheduled works
has the meaning given by section 1(2);
- section 38(3) proceedings
means proceedings on arbitration of a difference referred under section 38(3), and
- service obligations
means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings;
- sight, noise or dust screens
means any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.
- specified work
means so much of any permanent or temporary work authorised by this Act as is in, across, under, or within 15 metres of, or may in any way affect, the canal.
- statutory closure provisions
means the following provisions of the Railways Act 2005— • sections 22 to 25 (discontinuance of railway passenger services), • sections 26 to 28 (discontinuance of operation of passenger networks), • sections 29 to 31 (discontinuance of use or operation of stations), and • section 37 (discontinuance of experimental passenger services).
- storage sites
means sites on land within the Act limits at which materials are to be stored until used or re-used in carrying out the development or disposed of as waste;
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;
- street furniture
includes traffic signs, street lighting and bus shelters.
- structure
includes any erection;
- the 1984 Act
means the Building Act 1984;
- the 1996 Act
means the Party Wall etc.
- the Agency
means the Environment Agency;
- the appropriate Ministers
means the Secretary of State for Transport and the Secretary of State for Science, Innovation and Technology acting jointly;
- the authorised works
means the works authorised by this Act;
- the canal
means any canal or waterway owned or managed by Canal & River Trust, and includes any works connected therewith for the maintenance of which Canal & River Trust is responsible and any lands held or used by Canal & River Trust for the purposes of the canal including the towpath beside a canal or waterway;
- the drainage authority
means— (a) in relation to a category 1 specified work, the Agency;
- the Environmental Permitting Regulations
means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
- the General Permitted Development Order
means the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).
- the Listed Buildings and Conservation Areas Act
means the Planning (Listed Buildings and Conservation Areas) Act 1990.
- the relevant period
means—
- traffic authority
has the same meaning as in RTRA 1984 (see section 121A of that Act);
- traffic regulation order
means an order under section 1, 9 or 14 of RTRA 1984.
- tree works
means works consisting of the removal, topping or lopping of a tree or the cutting back of the roots of a tree.
- undertakers
means any of the following, namely, a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within Part 1 of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act;
- undertaking
includes a business or facility.
- unitary authority
means— (a) a county council, so far as its area is not part of the area of a district council, or (b) a district council whose area is not part of the area of a county council;
- utility undertaker
means— (a) a gas transporter within the meaning of Part 1 of the Gas Act 1986, (b) the holder of a licence under Part 1 of the Electricity Act 1989, (c) a water undertaker or sewerage undertaker, (d) a local authority (within the meaning of the Water Industry Act 1991) which is a relevant authority for the purposes of section 97 of that Act, or (e) the operator of an electronic communications code network (within the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003).
- vehicle
has the same meaning as in section 99 of RTRA 1984.
- watercourse
includes a river, stream, ditch, drain, cut, culvert, dyke, sluice, sewer or passage through which water flows, except a public sewer or drain;
- working day
means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
- works screening
means the provision where necessary on land within the Act limits of any screening for working sites on such land required for the purpose of carrying out the development.