Town and Country Planning Act 1990

266 Applications for planning permission by statutory undertakers. E+W

(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; or

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

(c) such an application is deemed to be made under subsection (5) of section 177 on an appeal under section 174 by statutory undertakers,

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

[F1 (1A) Subsection (1) has effect in relation to an application or appeal relating to land in England only if the Secretary of State or the appropriate Minister has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).]

[F2 (1B) Subsection (1) has effect in relation to an application or appeal relating to land in Wales only if the Welsh Ministers or the appropriate Minister have given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).]

(2) Subsection (1) 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.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to the provisions of this Part 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.

(5) Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed by the appropriate Minister.

Textual Amendments

F1 S. 266(1A) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 195, 241 (with s. 226); S.I. 2009/400, art. 3

F2 S. 266(1B) inserted (14.10.2015) by The Town and Country Planning (Power to Override Easements and Applications by Statutory Undertakers) (Wales) Order 2015 (S.I. 2015/1794), arts. 1(2), 6 (with art. 7)

F3 S. 266(3) repealed (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 40, Sch. 19 Pt. I (with s. 84(5)); S.I. 1992/1630, art. 2, Schs. 1, 2 (with art. 3(1))