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,

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,

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.

• “operational land” has the same meaning as in the TCPA 19903;

• “railway undertaker” has the same meaning as in Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 19954;