5 Provisions with respect to planning permission concerning pipe-lines.E+W+S
(1)Upon granting a pipe-line construction F1. . . authorisation or serving a notice under the last foregoing section the Minister may direct that, in so far as the execution of the works whose execution is authorised by, or by virtue of, the authorisation, or any change in the use of land which is involved in the execution of those works, constitutes development within the meaning of [F2the M1Town and Country Planning Act 1971], or, as the case may be, in so far as the removal of the works required by the notice to be removed, or any change in the use of land which is involved in the removal, constitutes such development, permission for that development shall be deemed to be granted under Part III of that Act, subject to such (if any) conditions as may be specified in the directions, being conditions of a kind that could have been imposed by [F3the Secretary of State] had the permission been granted by him on an application referred to him under section fifteen of that Act.
(2)For the purposes of the said [F2Act of 1971], the execution of works for the purpose of inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line (including the breaking open of any street or other land for that purpose) shall be deemed not to involve the development of land.
(3)In the application of this section to Scotland, for references to the said [F2Act of 1971], to Part III of that Act and to [F2section 35] thereof there shall be substituted respectively references to [F4the M2Town and Country Planning (Scotland) Act 1972, to Part III of that Act and to section 32 thereof] , and for the references to the Minister of Housing and Local Government there shall be substituted references to the Secretary of State.
Textual Amendments
F1Words in s. 5(1) omitted (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 2(3)
F2Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24. para. 2
F3Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)
F4Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 para. 2
Modifications etc. (not altering text)
C1S. 5: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 5: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)
Marginal Citations