PART 12STATUTORY UNDERTAKERS ETC.

Interpretation of terms relating to statutory undertakers

304Meaning of “operational land”: statutory undertakers generally

(1)

This section applies to a statutory undertaker other than the Civil Aviation Authority, an air traffic licensee or a universal postal service provider (for which, see sections 305 and 306).

(2)

In this Act “operational land”, in relation to a statutory undertaker to which this section applies, means land—

(a)

that is used for the purpose of carrying on the undertaker’s statutory undertaking, or

(b)

in which the undertaker holds an interest for that purpose,

but does not include land which, in respect of its nature and situation, is comparable with land in general rather than with land that is used, or in which statutory undertakers hold interests, for the purpose of carrying on statutory undertakings.

(3)

Where a statutory undertaker to which this section applies holds an interest in land for the purpose of carrying on its statutory undertaking, the land is not operational land unless at least one of the following conditions is met.

(4)

The first condition is that a specific planning permission is in force, or has at any time been in force, for development of the land involving its use for the purpose of carrying on the statutory undertaking (see section 307).

(5)

The second condition is that—

(a)

the statutory undertaker held the interest in the land immediately before 6 December 1968 (the day section 69 of the Town and Country Planning Act 1968 (c. 72) came into force), and

(b)

the land was at that time operational land for the purposes of the Town and Country Planning Act 1962 (c. 38).

(6)

The third condition is that—

(a)

the statutory undertaker acquired its interest in the land as a result of a transfer from another statutory undertaker under—

(i)

Part 2 of the Airports Act 1986 (c. 31) (transfer of local authority airport undertakings to companies),

(ii)

Part 2 of the Gas Act 1986 (c. 44) (transfer of undertaking of British Gas Corporation to company),

(iii)

the Water Act 1989 (c. 15) or the Water Industry Act 1991 (c. 56) (transfers involving water undertakers, sewerage undertakers etc.), or

(iv)

in the case of land held by Canal & River Trust, Part 1 of the Public Bodies Act 2011 (c. 24) (transfer of undertaking of British Waterways Board), and

(b)

immediately before the transfer the land was operational land of the other statutory undertaker.

(7)

If a question arises under this Act about whether land of a statutory undertaker to which this section applies is operational land, the question is to be determined by the appropriate Minister.