PART 1SIGNIFICANT INFRASTRUCTURE PROJECTS

Transport

I18Railways

1

The construction of a railway is a significant infrastructure project if—

a

the railway will (when constructed) start, end and remain in Wales,

b

the railway will (when constructed) be part of a network operated by an approved operator,

c

the railway will (when constructed) include a stretch of track that is a continuous length of more than 2 kilometres, and

d

the construction of the railway is not permitted development.

2

The alteration of a railway is a significant infrastructure project if—

a

the part of the railway to be altered is part of a railway that starts, ends and remains in Wales,

b

the railway is part of a network operated by an approved operator,

c

the alteration of the railway will include laying a stretch of track that is a continuous length of more than 2 kilometres, and

d

the construction of the railway is not permitted development.

3

This section does not apply to construction or alteration of a railway to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.

4

In this section—

  • approved operator” (“gweithredwr a gymeradwywyd”) means—

    1. a

      a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or

    2. b

      a wholly-owned subsidiary of a company that is such a person;

  • network” (“rhwydwaith”) has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

  • permitted development” (“datblygu a ganiateir”) means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (as it has effect from time to time);

  • wholly-owned subsidiary” (“is-gwmni o dan berchnogaeth lwyr”) has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).