34.—(1) Development by railway undertakers or their lessees on their operational land, required in connection with the movement of traffic by rail.
(2) Development is not permitted by this class if it consists of or includes—
(a)the construction of a railway;
(b)the construction or erection of a hotel, railway station or bridge; or
(c)the construction or erection otherwise than wholly within a railway station of—
(i)an office, or a building used for either residential or educational purposes or for an industrial process;
(ii)a car park, shop, restaurant, garage or petrol filling station.
(3) For the purposes of this class—
(a)references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appear ance would be materially affected;
(b)the reference to industrial process does not include the washing, maintenance and cleaning of rolling stock.
35.—(1) Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—
(a)for the purposes of shipping; or
(b)in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.
(2) Development is not permitted by this class if it consists of or includes—
(a)the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic;
(b)the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—
(i)a building used for educational purposes; or
(ii)a car park, shop, restaurant, garage or petrol filling station.
(3) For the purposes of this class references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964.
36. The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968(1) applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.
37. The use of any operational land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertaking for the spreading of any dredged material.
38.—(1) For the purposes of water undertakings development of any of the following descriptions—
(a)the laying underground of mains, pipes or other apparatus;
(b)the installation in a water distribution system of a booster station, valve house, meter or switchgear house;
(c)the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;
(d)any other development carried out in, on, over or under the operational land other than the provision of a building but including the extension or alteration of a building.
(2) Development is not permitted by this class if—
(a)it would include the construction of a reservoir;
(b)in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a booster station or valve house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a road used by vehicular traffic;
(c)in the case of any development referred to in sub-paragraph (1)(d), it would consist of or include the extension or alteration of a building so that—
(i)its design or external appearance would be materially affected;
(ii)the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or
(iii)the floor area of the original building would be exceeded by more than 1,000 square metres; or
(d)in the case of any development referred to in sub-paragraph (1)(d), it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.
(3) Development is permitted by sub-paragraph (1)(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the planning authority).
39.—(1) Development by a public gas supplier required for the purposes of its undertaking consisting of—
(a)the laying underground of mains, pipes or other apparatus;
(b)the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;
(c)the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965(2), of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;
(d)the placing and storage on land of pipes and other apparatus to be included in a main pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act;
(e)the erection on operational land of the public gas supplier of a building solely for the protection of plant or machinery; and
(f)any other development carried out in, on, over or under the operational land of the public gas supplier.
(2) Development is not permitted by this class if—
(a)in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a road used by vehicular traffic;
(b)in the case of any development referred to in sub-paragraph (1)(c)—
(i)the borehole is shown in an order approved by the Secretary of State for Energy for the purpose of section 4(6) of the Gas Act 1965(3); or
(ii)any plant or machinery would exceed 6 metres in height;
(c)in the case of any development referred to in sub-paragraph (1)(e), the building would exceed 15 metres in height; or
(d)in the case of any development referred to in sub-paragraph (1)(f)—
(i)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;
(ii)it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or
(iii)it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.
(3) Development is permitted by this class subject to the following conditions:—
(a)in the case of any development referred to in sub-paragraph (1)(a), not less than 8 weeks before the beginning of operations to lay a notifiable pipeline, the public gas supplier shall give notice in writing to the planning authority of its intention to carry out that development, identifying the land under which the pipeline is to be laid;
(b)in the case of any development referred to in sub-paragraph (1)(d), on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, the pipe or apparatus shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;
(c)in the case of any development referred to in sub-paragraph (1)(e), the approval of the planning authority shall be obtained before the development is begun in respect of the details of the design and external appearance of the building.
(4) For the purposes of this class—
“notifiable pipeline” means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962(4) which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than—
a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or
a flammable liquid, as specified in item 4 of Part II of the said Schedule.
40.—(1) Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking consisting of—
(a)the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transfor ming or switching stations or chambers reasonably necessary in connection with an electric line;
(b)the installation or replacement of any telecommunications line which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;
(c)the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;
(d)the extension or alteration of buildings on operational land of the undertaking;
(e)the erection on operational land of the undertaking of a building solely for the protection of plant or machinery; and
(f)any other development carried out in, on, over or under the operational land of the undertaking.
(2) Development is not permitted by this class if—
(a)in the case of any development referred to in sub-paragraph (1)(a)—
(i)it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Eletricity Act 1989(5) applies; or
(ii)it would consist of or include the installation or replacement at or above ground level or under a road used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;
(b)in the case of any development referred to in sub-paragraph (1)(b)—
(i)the development would take place in a national scenic area or a site of special scientific interest;
(ii)the height of any support would exceed 15 metres; or
(iii)the telecommunications line would exceed 1,000 metres in length;
(c)in the case of any development referred to in sub-paragraph (1)(d)—
(i)the height of the original building would be exceeded;
(ii)the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building situated in a conservation area or a national scenic area);
(iii)the floor area of the original building would be exceeded by more than 1,000 square metres (or 500 square metres in the case of any building situated in a conservation area or a national scenic area);
(d)in the case of any development referred to in sub-paragraph (1)(e) the building would exceed 15 metres in height; or
(e)in the case of any development referred to in sub-paragraph (1)(f) it would consist of or include—
(i)the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or
(ii)the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.
(3) Development is permitted by this class subject to the following conditions:—
(a)in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing eletric line shall so far as possible apply to the replacement line;
(b)in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place or to such condition as may have been agreed in writing between the planning authority and the developer;
(c)in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;
(d)in the case of any development referred to in sub-paragraph (1)(e) the approval of the planning authority shall be obtained before the development is begun in respect of the details of the design and external appearance of the building.
(4) For the purposes of sub-paragraphs (1)(d), (e) and (f) the land of a holder of a licence under section 6(2) of the Electricity Act 1989 shall be treated as operational land if it would be operational land within section 211 of the Act if such licence holders were statutory undertakers for the purpose of that section.
(5) For the purpose of this class—
“electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989(6);
“electrical plant” has the meaning assigned to that term by the said section 64(1); and
“telecommunications line” means a wire or cable (including its casing or coating) which forms part of a telecommunications apparatus within the meaning assigned to that term by paragraph 1 of Schedule 2 to the Telecommunications Act 1984(7).
41.—(1) Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—
(a)the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a road for the purpose of supplying current to public service vehicles;
(b)the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;
(c)the installation of telephone cables and apparatus, huts, stop posts and signs required in connec tion with the operation of public service vehicles;
(d)the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;
(e)any other development on operational land of the undertaking.
(2) Development is not permitted by this class, if it would consist of—
(a)in the case of any development referred to in sub-paragraph (1)(a), the installation of a structure exceeding 17 cubic metres in capacity,
(b)in the case of any development referred to in sub-paragraph (1)(e)—
(i)the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected;
(ii)the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater;
(iii)development, not wholly within an omnibus or tramway station, in pursuance of powers contained in transport legislation.
(3) For the purposes of this class—
“public service vehicle” means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981(8) or a trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988(9).
42.—(1) Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894(10) and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the said Act of 1894.
(2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.
43.—(1) Development required for the purposes of the Post Office consisting of—
(a)the installation of posting boxes, posting pouches or self-service machines;
(b)any other development carried out in, on, over or under the operational land of the undertaking.
(2) Development is not permitted by this class if—
(a)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;
(b)it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater; or
(c)it would consist of the installation of a posting pouch within a conservation area.