Crossrail appeals/ disputes

The Crossrail Act 2008 approved the construction of a cross London rail link (‘Crossrail’) from Maidenhead and Heathrow in the west into Essex and Kent in the east, running underground between Paddington and east London.

Paragraph 30 of Schedule 7 provides that the nominated undertakers have the right of appeal to the appropriate Ministers” against a local authority’s decision to refuse a request for approval, or against the conditions imposed in granting approval.  The nominated undertaker (referred to as the appellant in the associated Regulations) may also appeal if no decision has been made by the local authority within the time period prescribed for making a decision (eight weeks from the receipt of the request) or within an extended period as may be agreed between the parties (the “appropriate period” in the Act).  Non-determination of a request for approval after eight weeks (or the agreed appropriate period) will be dealt with in the same way as a refusal.

The Planning Inspectorate will be responsible for processing appeals under Schedule 7.  Links to various documents are below:

The Crossrail Act 2008 – Schedule 7

The Crossrail (Planning Appeals) (Written Representations Procedure) (England) Regulations 2008

The Crossrail (Planning Appeals) (Written Representations Procedure) (England)(Amendment) Regulations 2009

Crossrail Guidance on Planning Appeal Procedures, Call-ins and inquiry procedures (opens in PDF)

Appeal form (opens in PDF format)

Appeal form (opens in Word)

Appeal Questionnaire (opens in PDF format)

Appeal Questionnaire (opens in Word)

The Heritage Schedule (Schedule 9) to the Crossrail Act disapplies the normal procedures for the protection of listed buildings and buildings in conservation areas set out in the Planning (listed Buildings and Conservation Areas) Act 1990.  In their place are undertakings requiring a relevant nominated undertaker to enter into the Heritage Deeds for listed buildings.  Under these deeds the nominated undertaker must seek the approval of the relevant local planning authority to the details of certain of the works concerned, as set out in the deed in question.

Where agreement cannot be reached on a matter requiring approval, the disagreement can be referred by either the nominated undertaker or the local planning authority to the Secretary of State of Transport and the Secretary of State for Communities and Local Government acting jointly (‘the Secretaries of State’) to determine.  Unlike Crossrail planning appeals (above), listed building disputes are dealt with under a non-statutory procedure.  Again, The Planning inspectorate will be responsible for processing these disputes, and links to information are below:

The Crossrail Act 2008 – Schedule 9

Guidance Note on Heritage disputes (opens in PDF)

Guidance Note on Heritage disputes (opens in Word)

Section 20 to the Crossrail Act (2008) ("the Act") modifies the operation of sections 60 and 61 of the Control of Pollution Act 1974 ("COPA").  The modifications make provisions that appeals made pursuant to Section 60 (7) and Section 61 (7) of COPA shall, according to Section 20 of the Act, be determined by the Secretary of State or, if the parties' agree, by arbitration rather than by a magistrate's court.

Appeals in Relation to Noise from Construction Sites