Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

214 Applications for planning permission by statutory undertakers. S

(1) Where—

(a) an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Secretary of State under Part III of this Act; or

(b) an appeal is made to the Secretary of State under Part III of this Act from the decision on such an application; or

(c) such an application is deemed to be made under subsection (7) of section 85 of this Act on an appeal under that section by statutory undertakers,

the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister.

(2) Subsection (1) of this section applies—

(a) to operational land; and

(b) to land in which the statutory undertakers hold, or propose to acquire, an interest with a view to its being used for the purpose of carrying on their undertaking where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Notwithstanding anything in Part III of this Act, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring that any buildings or works authorised by the permission shall be removed, or that any use of the land so authorised shall be discontinued, at the end of a specified period.

(5) Subject to the provisions of this Part of this Act as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.

Textual Amendments

F1 S. 214(3) repealed (25.9.1992) by Planning and Compensation Act (c. 34, SIF 123:2), s. 61, Sch. 13 para. 32, Sch. 19 Pt. IV (with s. 84(5)); S.I. 1992/1937 , art. 4

Modifications etc. (not altering text)

C1 Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

C2 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C3 Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 3(2)(e) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C4 S. 202(3), 205, 211, 212, 214–230, 233(7), 242, 266(6)(b), 275(2), Sch. 8, Sch. 17 paras. 1–3 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C5 S. 214 extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4; amended by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 12 and Civil Aviation Act 1982 (c. 16), Sch. 2 para. 5

C6 Ss. 214, 216-230 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2

C7 S. 214(2)(b) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 7(2)