Town and Country Planning Act 1968

69New provision as to what is " operational land " of statutory undertakers.

(1)Where an interest in land is held by statutory undertakers for the purpose of the carrying on of their undertaking and—

(a)the interest was acquired by them after the commencement of this section ; or

(b)it was held by them immediately before that commencement, but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the principal Act,

then the following subsection shall have effect for the purpose of determining whether the land is to be so treated and shall so have effect notwithstanding the definition of " operational land " in section 221(1) of the principal Act.

(2)The land shall not be treated as operational land for the purposes of the principal Act unless one or both of the following conditions are satisfied with respect to it, namely—

(a)there is, or at some time has been, in force with respect to the land a specific planning permission for its development and that development, if carried out, would involve or have involved the use of the land for the purpose of the carrying on of the statutory undertakers' undertaking; or

(b)the undertakers' interest in the land was acquired by them as the result of a transfer under provisions of the [1968 c. 73.] Transport Act 1968 from other statutory undertakers and the land was, immediately before the transfer, operational land of those other undertakers.

(3)A specific planning permission for the purpose of subsection (2)(a) above is a planning permission—

(a)granted on an application in that behalf under Part III of the principal Act or the enactments previously in force and replaced by that Part of that Act; or

(b)granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval; or

(c)granted by a special development order in respect of development specifically described in the order; or

(d)deemed to be granted by virtue of a direction of a government department under section 41 of the principal Act or section 35 of the [1947 c. 51.] Town and Country Planning Act 1947 ;

and the reference in paragraph (b) of this subsection to development which has received specific parliamentary approval shall be construed as referring to development authorised by a local or private Act of Parliament or by an order approved by both Houses of Parliament or by an order which has been brought into operation in accordance with the provisions of the [1945 c. 18 (9 & 10 Geo. 6).] Statutory Orders (Special Procedure) Act 1945, being an Act or order which designates specifically both the nature of the development thereby authorised and the land upon which it may be carried out.