http://www.legislation.gov.uk/ukpga/1990/8/section/225KTown and Country Planning Act 1990An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.1990-05-24texttext/xmlenStatute Law Database2026-09-22Expert Participation2026-09-14 Part VIII Special ControlsCHAPTER 5<Addition ChangeId="key-5f10d6d5f9588943ad9c912ae2f635c0-1489013608297" CommentaryRef="key-5f10d6d5f9588943ad9c912ae2f635c0">Application of provisions of Chapters 3 and 4 to statutory undertakers</Addition><Addition ChangeId="key-5f10d6d5f9588943ad9c912ae2f635c0-1489013608297" CommentaryRef="key-5f10d6d5f9588943ad9c912ae2f635c0">Action under sections 225A, 225C and 225F: operational land</Addition>225K1This section applies in relation to the exercise by the local planning authority of—apower conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—ienter on any operational land of a statutory undertaker, oriiremove a display structure situated on operational land of a statutory undertaker;bpower conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—ienter on any operational land of a statutory undertaker, oriicarry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; orcpower conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—ienter on any operational land of a statutory undertaker, oriiremove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.2The authority may exercise the power only if—athe authority has served on the statutory undertaker notice of the authority's intention to do so;bthe notice specified the display structure, surface or sign concerned and its location; andcthe period of 28 days beginning with the date of service of the notice has ended.3If—aa notice under subsection (2) is served on a statutory undertaker, andbwithin 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.4The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—anecessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; orbfor the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.5If—aa notice under subsection (2) is served on a statutory undertaker, andbwithin 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,the power may not be exercised.6A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—awithout risk to the safety of any person; orbwithout unreasonable risk to the efficient and economic operation of the statutory undertaker's undertaking.7In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2Pt. 8 Chs. 4, 5 inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)