Planning Act 2008

138 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc. E+W+S

(1) This section applies if an order granting development consent authorises the acquisition of land (compulsorily or by agreement) and—

(a) there subsists over the land a relevant right, or

(b) there is on, under or over the land relevant apparatus.

(2) “Relevant right” means a right of way, or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, which—

(a) is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking, or

(b) is conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.

(3) “Relevant apparatus” means—

(a) apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or

(b) electronic communications apparatus kept installed for the purposes of an electronic communications code network.

(4) The order may include provision for the extinguishment of the relevant right, or the removal of the relevant apparatus, [F1 only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates]

[F2 (4A) In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purpose of any provision of Part 11 of TCPA 1990.

[F3 (4B) In this section—

• “electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code;

• “electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;

• “operator of an electronic communications code network” has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;]

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Words in s. 138(4) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(4)(a), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)

F2 S. 138(4A)(4B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(4)(b), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)

F3 S. 138(4B) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 12(2)

F4 S. 138(5)(6) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 23(4)(c), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)

Modifications etc. (not altering text)

C1 S. 138(4) applied (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 25(11)(b) (with art. 25, Sch. 9 para. 36)

Commencement Information

I1 S. 138 in force at 1.3.2010 by S.I. 2010/101, art. 3(g) (with art. 6)