(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation shall be payable.
(9) The provisions of article 8 (street works), article 10 (temporary stopping up of streets),
article 15 (compulsory acquisition of land), article 17 (compulsory acquisition of rights), article 23 (temporary use of land for carrying out the authorised project) and article 24 (temporary use of land for maintaining the authorised project) shall have effect only for the benefit of the named undertaker and a person who is a transferee or lessee and is also—
(a) in respect of Works No. 3B to 41 a person who holds a licence under the Electricity Act 1989; or
(b) in respect of functions under article 8 (street works) relating to a street, a street authority. (10) Where paragraph (8) applies the undertaker shall provide written notification to the
Secretary of State prior to transferring and/or granting any benefit under paragraph (1).
Application and modification of legislative provisions 6. Regulation 6 of the Hedgerows Regulations 1997(a) shall be modified so as to read for the
purposes of this Order only as if there were inserted after paragraph (1)(j) the following—
“(k) or for carrying out development which has been authorised by development consent made pursuant to the Planning Act 2008.”.
Defence to proceedings in respect of statutory nuisance 7.—(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act
1990(b) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if—
(a) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974(c); or
(ii) is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or
(b) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in compliance with requirement 24 (control of noise during operational phase); or
(ii) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.
(2) Section 61(9) (consent for work on construction site to include statement that it does not of
itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), do not apply where the consent
(a) S.I. 1997/1160. (b) 1990 c.43. There are amendments to this Act which are not relevant to this Order. (c) 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c.25). There are other amendments to the 1974 Act which are not relevant to this Order.
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