Planning Act 2008 Explanatory Notes

Section 127: Statutory undertakers’ land

221.This section specifies the conditions which must be satisfied for an order granting development consent to authorise the compulsory purchase of land which a statutory undertaker has acquired for the purpose of its undertaking in circumstances where a representation has been made about the application for the order and that representation is not withdrawn. For such an order to be made the Secretary of State must certify that she is satisfied that:

a)

the land can be purchased and not replaced without serious detriment to the carrying on of the undertaking; or

b)

it can be purchased and replaced with other land without any such detriment.

222.Similarly, in the circumstances mentioned above, an order granting development consent can include a provision authorising the compulsory acquisition of a new right over land belonging to a statutory undertaker only if the Secretary of State certifies that she is satisfied that:

a)

the right can be purchased without serious detriment to the carrying on of the undertaking; or

b)

any such detriment can be remedied by the statutory undertaker’s using other land.

223.If the Secretary of State is satisfied of these matters, and issues a certificate to that effect, notice that the certificate has been given must be published in local newspapers and notified to the Commission where a Panel or the Council is the decision-maker.

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