In section 215 of the M1Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert—

“(2A)

Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B)

Subject to section 216, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a)

which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b)

in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C)

If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.”