(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 development and that the nuisance  is attributable to the carrying out of the authorised development in accordance with a  notice served under section 60 (control of noise on construction sites), or a consent  given under section 61 (prior consent for work on construction sites) of the Control  of Pollution Act 1974( a ); or  (ii) is a consequence of the construction or maintenance of the authorised development  and that it cannot reasonably be avoided; or  (b) the defendant shows that the nuisance is a consequence of the use of the authorised  development and that it cannot be reasonably be avoided.  (a) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate  without the consent in writing of the Crown Estate Commissioners;  (b) belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate  without the consent in writing of the government department having the management of  that land; or  (c) belonging to a government department or held in trust for Her Majesty for the purposes of  a government department without the consent in writing of that government department.  ( a ) 1974 c. 40. Section 61(9) was amended by paragraph 15(3) of Schedule 14 to the Environmental Protection Act 1990 (c. 43)  and by Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments to section 61 which are not relevant  to this Order.  45 Certification of documents  Saving for Trinity House  Protective provisions  Crown rights  (2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates  to the use of premises by the undertaker for the purposes of or in connection with the construction  or maintenance of the authorised development.  57. —(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority  or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any  licensee to take, use, enter upon or in any manner interfere with any land or rights of any  description—  (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory  acquisition of any interest in any Crown land (as defined in the 2008 Act) which is for the time  being held otherwise than by or on behalf of the Crown.  (3) A consent given under paragraph (1) may be given unconditionally or subject to terms and  conditions; and is deemed to have been given in writing where it is sent electronically.  58.  Schedule 13 (protective provisions) has effect.  59.  Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of  Trinity House.  60. —(1) As soon as practicable after the making of this Order, the undertaker must submit  copies of each of the plans and documents identified in Schedule 14 (documents to be certified)  must be certified by the Secretary of State as true copies of those documents.  (2) Where any document identified in Schedule 14 requires to be amended to reflect the terms of  the Secretary of State’s decision to make this Order, that document in the form amended to the 