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Planning Act 2008

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 7, Chapter 1: Content of development consent orders

Section 137: Public rights of way: statutory undertakers’ apparatus etc.

234.This section applies to any order granting development consent which provides for the acquisition of land and authorises the extinguishment or diversion of a public right of way for non-vehicular traffic over land on which a statutory undertaker has erected apparatus or where electronic communications apparatus is kept installed. It provides that an order may include such a provision only where the relevant undertaker or operator of the network has given its consent. This consent can be subject to conditions. Any questions on the reasonableness of proposed conditions, or any refusal, are to be determined by the Secretary of State.

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