Planning Act 2008

25 Railways E+W

(1) Construction of a railway is within section 14(1)(k) only if—

(a) the railway will (when constructed) be wholly in England,

(b) the railway will (when constructed) be part of a network operated by an approved operator,

[F1 (ba) the railway will (when constructed) include a stretch of track that—

(i) is a continuous length of more than 2 kilometres, and

(ii) is not on land that was operational land of a railway undertaker immediately before the construction work began or is on land that was acquired at an earlier date for the purpose of constructing the railway,] and

(c) the construction of the railway is not permitted development.

(2) Alteration of a railway is within section 14(1)(k) only if—

(a) the part of the railway to be altered is wholly in England,

(b) the railway is part of a network operated by an approved operator,

[F2 (ba) the alteration of the railway will include laying a stretch of track that—

(i) is a continuous length of more than 2 kilometres, and

(ii) is not on land that was operational land of a railway undertaker immediately before the alteration work began or is on land that was acquired at an earlier date for the purpose of the alteration,] and

(c) the alteration of the railway is not permitted development.

[F3 (2A) Construction or alteration of a railway is not within section 14(1)(k) to the extent that it takes place on the operational land of a railway undertaker unless that land was acquired for the purpose of the construction or alteration.]

(3) Construction or alteration of a railway is not within section 14(1)(k) to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.

(4) “Approved operator” means a person who meets the conditions in subsections (5) and (6).

(5) The condition is that the person must be—

(a) a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or

(b) a wholly-owned subsidiary of a company which is such a person.

(6) The condition is that the person is designated, or is of a description designated, in an order made by the Secretary of State.

(7) In this section—

• “network” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

• [F4 “operational land” has the same meaning as in the TCPA 1990;]

• “permitted development” means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995;

• [F4 “railway undertaker” has the same meaning as in Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995;]

• “wholly-owned subsidiary” has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).

(8) [F5 In the definition of “permitted development” in subsection (7), the reference] to the Town and Country Planning (General Permitted Development) Order 1995 is to that Order as it has effect immediately before the day on which this section comes fully into force.

Textual Amendments

F1 S. 25(1)(ba) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(2) (with art. 5)

F2 S. 25(2)(ba) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(3) (with art. 5)

F3 S. 25(2A) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(4) (with art. 5)

F4 Words in s. 25(7) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(5) (with art. 5)

F5 Words in s. 25(8) substituted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(6) (with art. 5)

Commencement Information

I1 S. 25 partly in force; s. 25 in force for certain purposes at Royal Assent see s. 241

I2 S. 25 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)