Part XI Statutory Undertakers

Preliminary

264 Cases in which land is to be treated as not being operational land.

(1)

This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—

(a)

the interest was acquired by them on or after 6th December 1968; or

(b)

it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1962 Act.

(2)

Where this section applies in respect of any land then, notwithstanding the provisions of section 263, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).

(3)

Land falls within this subsection if—

(a)

there is, or at some time has been, in force with respect to it a specific planning permission for its development; and

(b)

that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.

(4)

Land falls within this subsection if—

(a)

the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the M1Transport Act 1968, the M2Transport (London) Act 1969, the M3Gas Act 1986, the M4Airports Act 1986 F1the Water Act 1989 or the Water Industry Act 1991 F2or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011 from other statutory undertakers; and

(b)

immediately before transfer the land was operational land of those other undertakers.

F3(4A)

For the purposes of this section an interest in land acquired by Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) under or by virtue of that Act shall be taken to have been acquired by Transport for London or that subsidiary at the time and in the manner in which it was acquired by the relevant predecessor.

(4B)

In subsection (4A) “relevant predecessor” means London Regional Transport or such other predecessor in title of Transport for London or the subsidiary of Transport for London as last acquired the interest in question—

(a)

as the result of such a transfer as is mentioned in paragraph (a) of subsection (4); and

(b)

in such circumstances as are mentioned in paragraph (b) of that subsection.

(5)

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

(a)

granted on an application in that behalf made under Part III; or

(b)

granted by provisions of a development order F4... 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;

F5(ca)

granted by a local development order or a neighbourhood development order; or

(d)

deemed to be granted by virtue of a direction of a government department under section 90(1).

(6)

In subsection (5)—

(a)

the reference in paragraph (a) to Part III includes a reference to Part III of the 1971 Act and the enactments in force before the commencement of that Act and replaced by Part III of it; and

(b)

the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised—

(i)

by a local or private Act of Parliament,

(ii)

by an order approved by both Houses of Parliament; or

(iii)

by an order which has been brought into operation in accordance with the provisions of the M5Statutory Orders (Special Procedure) Act 1945,

being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out;

(c)

the reference in paragraph (d) to section 90(1) includes a reference to section 40 of the 1971 Act, section 41 of the 1962 Act and section 35 of the 1947 Act.

(7)

This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the M6Post Office Act 1969.

(8)

Where an interest in land is held by F6—

(a)

the Civil Aviation Authority, or

(b)

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 or a company associated with that person,

this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority F7or the licence holder for the purposes of this act.