Part VIII Special Controls

F1CHAPTER 5Application of provisions of Chapters 3 and 4 to statutory undertakers

225KAction under sections 225A, 225C and 225F: operational land

(1)

This section applies in relation to the exercise by the local planning authority of—

(a)

power conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—

(i)

enter on any operational land of a statutory undertaker, or

(ii)

remove a display structure situated on operational land of a statutory undertaker;

(b)

power conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—

(i)

enter on any operational land of a statutory undertaker, or

(ii)

carry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; or

(c)

power conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—

(i)

enter on any operational land of a statutory undertaker, or

(ii)

remove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.

(2)

The authority may exercise the power only if—

(a)

the authority has served on the statutory undertaker notice of the authority's intention to do so;

(b)

the notice specified the display structure, surface or sign concerned and its location; and

(c)

the period of 28 days beginning with the date of service of the notice has ended.

(3)

If—

(a)

a notice under subsection (2) is served on a statutory undertaker, and

(b)

within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,

the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.

(4)

The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—

(a)

necessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; or

(b)

for the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.

(5)

If—

(a)

a notice under subsection (2) is served on a statutory undertaker, and

(b)

within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,

the power may not be exercised.

(6)

A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—

(a)

without risk to the safety of any person; or

(b)

without unreasonable risk to the efficient and economic operation of the statutory undertaker's undertaking.

(7)

In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).