C1Part X Statutory Undertakers

Annotations:
Modifications etc. (not altering text)

Application of Part III to statutory undertakers

220 Development requiring authorisation of government department.

1

F1Scottish Ministersshall not be required under section 218(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development.

2

Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission.

3

For the purposes of this section development shall be taken to be authorised by a government department if—

a

any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment,

b

a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development,

c

consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose,

d

authority is given by the department—

i

for the borrowing of money for the purpose of the development, or

ii

for the application for that purpose of any money not otherwise so applicable, or

e

any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the authorisation of a government department shall be construed accordingly.