C1Part X Statutory Undertakers
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.
Pt. X applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 31(3) (with arts. 4, 5)