309Applications for planning permission by statutory undertakers(1)

Subsection (2) applies where—

(a)

a statutory undertaker applies to a planning authority for operational planning permission and the application is referred to the Welsh Ministers under section 72,

(b)

a statutory undertaker makes an appeal to the Welsh Ministers against a planning authority’s decision on an application for operational planning permission or an appeal under section 73(3) relating to the application, or

(c)

a statutory undertaker makes an appeal to the Welsh Ministers under section 131 on the ground that operational planning permission ought to be granted for the matters specified in an enforcement notice or that a condition or limitation of operational planning permission ought to be removed.

(2)

The application or appeal must be dealt with by the Welsh Ministers and the appropriate Minister if either the Welsh Ministers or the appropriate Minister give a direction to that effect.

(3)

A direction under subsection (2) has effect in relation to an appeal to the Welsh Ministers under section 131 only to the extent that the appeal is made on the ground mentioned in subsection (1)(c).

(4)

The Welsh Ministers or (if a direction is given under subsection (2)) the Welsh Ministers and the appropriate Minister are not required to deal with an application relating to development that requires the authorisation of a government department, unless the authorisation has been granted without a direction that planning permission is granted.

(5)

This Act applies to an application or appeal dealt with by the Welsh Ministers and the appropriate Minister under this section as if the application or appeal had been dealt with by the Welsh Ministers.

(6)

The reference in subsection (4) to the authorisation of a government department is to be read in accordance with section 87.

(7)

In this section and in sections 310 and 311, “operational planning permission” means planning permission for the development of—

(a)

operational land of a statutory undertaker, or

(b)

land in which a statutory undertaker holds or proposes to acquire an interest with a view to using the land for the purpose of carrying on its statutory undertaking, where the development involves using the land for that purpose.

(8)

In relation to the Civil Aviation Authority, the reference in subsection (7)(b) to using land for the purpose of carrying on its undertaking is to be read as a reference to using land for a purpose specified in section 305(1).