218 Applications for planning permission by statutory undertakers.S
(1)Where—
(a)an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the [F1Scottish Ministers] under Part III, [F2or]
(b)an appeal is made to the [F1Scottish Ministers] under that Part from the decision on such an application, F3...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the application or appeal shall be dealt with by the [F4Scottish Ministers].
(2)Subsection (1) applies to—
(a)operational land, and
(b)land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed.
Textual Amendments
F1Words in s. 218(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(4)(a); S.I. 1998/3178, art. 3
F2Word in s. 218(1)(a) inserted (2.2.2013) by The Planning etc. (Scotland) Act 2006 (Supplementary and Consequential Provisions) Order 2013 (S.S.I. 2013/26), arts. 1, 2(6)(a)
F3S. 218(1)(c) omitted (2.2.2013) by virtue of The Planning etc. (Scotland) Act 2006 (Supplementary and Consequential Provisions) Order 2013 (S.S.I. 2013/26), arts. 1, 2(6)(b)
F4Words in s. 218(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 127(4)(a); S.I. 1998/3178
F5S. 218(3) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(4)(b) Pt. IV; S.I. 1998/3178, art. 3