SCHEDULES

SCHEDULE 1 E+W Excepted land for purposes of Part I

Part II E+W Supplementary provisions

14 E+W In this Schedule—

• “building” includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 34; and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;

• “development” and “minerals” have the same meaning as in the M1 Town and Country Planning Act 1990;

• “ploughing” and “drilling” include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;

• “statutory undertaker” means—

  (a)

  a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power,

  (b)

  any public gas transporter, within the meaning of Part I of the M2 Gas Act 1986,

  (c)

  any water or sewerage undertaker,

  (d)

  any holder of a licence under section 6(1) of the M3 Electricity Act 1989, or

  (e)

  the Environment Agency, [F1 a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act)][F2 , the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)];

• “statutory undertaking” means—

  (a)

  the undertaking of a statutory undertaker [F3 (which, in the case of a universal service provider (within the meaning of the Postal Services Act 2000), means his undertaking so far as relating to the provision of a universal postal service (within the meaning of that Act) [F4 and, in the case of a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means that person’s undertaking as licence holder])], or

  (b)

  an airport to which Part V of the M4 Airports Act 1986 applies.

Textual Amendments

F1 Sch. 1 para. 14: words in definition of “statutory undertaker” in para. (e) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 136(1)(2)

F2 Sch. 1 para. 14: words in definition of “statutory undertaker” in para. (e) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 9(a)

F3 Sch. 1 para. 14: words in definition of “statutory undertaking” inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 136)(1)(3)

F4 Sch. 1 para. 14: words in definition of “statutory undertaking” in para. (a) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. 1 Pt. II para. 9(b)

Marginal Citations

M1 1990 c. 8.

M2 1986 c. 44.

M3 1989 c. 29.

M4 1986 c. 31.

15 (1) Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under Part III of the M5 Town and Country Planning Act 1990 and that permission has not been granted. E+W

(2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the M6 Town and Country Planning Act 1990 as being lawful for the purposes of that Act.

Marginal Citations

M5 1990 c. 8.

M6 1990 c. 8.

16 E+W The land which is excepted land by virtue of paragraph 10 does not include—

(a) any means of access, as defined by section 34, or

(b) any way leading to such a means of access,

if the means of access is necessary for giving the public reasonable access to access land.

17 E+W Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except—

(a) between dawn and midday on any day, and

(b) at any other time when it is in use for that purpose.