Town and Country Planning Act 1990

257 Footpaths , bridleways and restricted byways affected by development: orders by other authorities.

(1) Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any footpath , bridleway or restricted byway if they are satisfied that it is necessary to do so in order to enable development to be carried out— (a) in accordance with planning permission granted under Part III or section 293A Parts 3 or 13, or (b) by a government department. (1A) Subject to section 259, a competent authority may by order authorise the stopping up or diversion ... of any footpath, bridleway or restricted byway if they are satisfied that— (a) an application for planning permission in respect of development has been made under Part 3, and (b) if the application were granted it would be necessary to authorise the stopping up or diversion in order to enable the development to be carried out. (2) An order under this section may, if the competent authority are satisfied that it should do so, provide— (a) for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use; (b) for authorising or requiring works to be carried out in relation to any footpath , bridleway or restricted byway for whose stopping up or diversion, creation or improvement provision is made by the order; (c) for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath , bridleway or restricted byway; (d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works. (3) An order may be made under this section authorising the stopping up or diversion of a footpath , bridleway or restricted byway which is temporarily stopped up or diverted under any other enactment. (4) In this section “competent authority” means— (a) in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State or by the Welsh Ministers, who would have had power to grant it; ... (b) in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made. (c) in the case of development in respect of which an application for planning permission has been made under Part 3, the local planning authority to whom the application has been made or, in the case of an application made to the Secretary of State under section 62A or to the Welsh Ministers under section ... 62M or 62O, the local planning authority to whom the application would otherwise have been made.

258 Extinguishment of public rights of way over land held for planning purposes.

(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, then, subject to section 259, the local authority may by order extinguish any public right of way over the land, being a footpath , bridleway or restricted byway , if they are satisfied— (a) that an alternative right of way has been or will be provided; or (b) that the provision of an alternative right of way is not required. (2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX. (3) Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.

259 Confirmation of orders made by other authorities.

(1) An order made under section 257 or 258 shall not take effect unless confirmed by the appropriate national authority or unless confirmed, as an unopposed order, by the authority who made it. (1A) An order under section 257(1A) may not be confirmed unless the appropriate national authority or (as the case may be) the authority is satisfied— (a) that planning permission in respect of the development has been granted, and (b) it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission. (2) The appropriate national authority shall not confirm any order under section 257(1) or 258 unless satisfied as to every matter as to which the authority making the order are required under section 257 or, as the case may be, section 258 to be satisfied. (3) The time specified— (a) in an order under section 257 as the time from which a footpath , bridleway or restricted byway is to be stopped up or diverted; or (b) in an order under section 258 as the time from which a right of way is to be extinguished, shall not be earlier than confirmation of the order. (4) Schedule 14 shall have effect with respect to the confirmation of orders under section 257 or 258 and the publicity for such orders after they are confirmed. (5) The appropriate national authority, for the purposes of this section, is⁠— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers.

260 Telecommunication apparatus: orders by or on application of other authorities.

(1) This section applies where— (a) any order is made by a local authority under section 258(1), or on the application of a local authority under section 251(1), which extinguishes a public right of way; or (b) any order is made by a competent authority under section 257 which authorises the stopping up or diversion of a footpath , bridleway or restricted byway, and at the time of the publication of the notice required by section 252(1) or, as the case may be, paragraph 1 of Schedule 14 any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted. (2) In subsection (1) “competent authority” has the same meaning as in section 257 and in the following provisions of this section references to the authority are to the authority who made the order or, as the case may be, to the authority on whose application it was made. (3) The power of the operator of the electronic communications code network to remove the apparatus— (a) shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished or authorised to be stopped up or diverted; and (b) if before the end of that period the operator of the network has given notice to the authority of his intention to remove the apparatus or a part of it, shall be exercisable in respect of the whole or, as the case may be, that part of the apparatus after the end of that period. (4) The operator of the network may by notice given in that behalf to the authority not later than the end of that period abandon the electronic communications apparatus or any part of it. (5) Subject to subsection (4), the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove. (6) The operator of the network shall be entitled to recover from the authority the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any electronic communications apparatus in such other place as the operator may require. (7) Where under the previous provisions of this section the operator of the network has abandoned the whole or any part of any electronic communications apparatus , that apparatus or that part of it shall vest in the authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network . (8) As soon as reasonably practicable after the making of any such order as is mentioned in paragraph (a) or (b) of subsection (1) in circumstances in which that subsection applies in relation to the operator of an electronic communications code network , the person by whom the order was made shall give notice to the operator of the making of the order. (9) Subsections (5) and (6) of section 256 apply for the purposes of this section as they apply for the purposes of that section.

261 Temporary stopping up of highways for mineral workings.

(1) Where the Secretary of State or the council of a London borough is satisfied— (a) that an order made by him or, as the case may be, the council under section 247 for the stopping up or diversion of a highway is required for the purpose of enabling minerals to be worked by surface working; and (b) that the highway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public, the order may provide for the stopping up or diversion of the highway during such period as may be prescribed by or under the order and for its restoration at the expiration of that period. (2) Where a competent authority within the meaning of section 257 are satisfied— (a) that an order made by them under that section for the stopping up or diversion of a footpath , bridleway or restricted byway is required for the purpose of enabling minerals to be worked by surface working; and (b) that the footpath , bridleway or restricted byway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public, the order may provide for the stopping up or diversion of the footpath , bridleway or restricted byway during such period as may be prescribed by or under the order and for its restoration at the expiration of that period. (3) Without prejudice to the provisions of section 247 or 257, any such order as is authorised by subsection (1) or (2) may contain such provisions as appear to the Secretary of State , the council of the London borough or the competent authority (as the case may be) to be expedient— (a) for imposing upon persons who, apart from the order, would be subject to any liability with respect to the repair of the original highway during the period prescribed by or under the order a corresponding liability in respect of any highway provided in pursuance of the order; (b) for the stopping up at the expiry of that period of any highway so provided and for the reconstruction and maintenance of the original highway; and any provision included in the order in accordance with subsection (4) of section 247 or subsection (2) of section 257 requiring payment to be made in respect of any cost or expenditure under the order may provide for the payment of a capital sum in respect of the estimated amount of that cost or expenditure. (4) In relation to any highway which is stopped up or diverted by virtue of an order under section 247 or 248, sections 271 and 272 shall have effect— (a) as if for references to land which has been acquired as there mentioned and to the acquiring or appropriating authority there were substituted respectively references to land over which the highway subsisted and to the person entitled to possession of that land; and (b) as if references in subsection (5) of each of those sections to a local authority or statutory undertakers included references to any person (other than a Minister) who is entitled to possession of that land, and sections 275 to 278 shall have effect accordingly. (5) Subsection (4) shall not apply to land constituting the site of a highway in respect of which opencast planning permission (within the meaning of section 51 of the Opencast Coal Act 1958) has been granted.

262 Meaning of “statutory undertakers”.

(1) Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of the Airports Act 1986). (2) Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of that Part), means an airport to which that Part of that Act applies. (3) Subject to subsections (5) to (5B), for the purposes of the provisions mentioned in subsection (4) any public gas transporter, water or sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal postal service provider in connection with the provision of a universal postal service , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) shall be deemed to be statutory undertakers and their undertakings statutory undertakings. (4) The provisions referred to in subsection (3) are sections 55, 90, 101, 108(3), . . ., 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), paragraph 18 of Schedule 1 and Schedules 8, 13 and 14. (5) Subsection (4) shall apply— (a) as respects a universal postal service provider in connection with the provision of a universal postal service, as if the reference to sections 55, 247(4)(b), 253 and 257(2) were omitted; and (b) as respects a universal postal service provider in connection with the provision of a universal postal service , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) as if— (i) the references to sections 245, 263(1) and (2) and 336(2) and (3) were omitted; and (ii) after the words “ 266 to 283” there were inserted the words “ (except section 271 as applied by section 13 of the Opencast Coal Act 1958) ”. (5A) For the purposes of this Act (a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence; (b) the person's undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person's undertaking as licence holder. (5B) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly. (6) Any holder of a licence under section 6 of the Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking— (a) for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section; (b) for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and (c) for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act. (7) The provisions referred to in subsection (6) are— (a) sections 55, 108(3), . . ., 139 to 141, 143, 148, 236(2)(a), 237, 245, 253, 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9) and 336(2) and (3), paragraph 18 of Schedule 1 and Schedule 13; (b) sections 170(12)(b) and 238 to 241; and (c) sections 247(4) and 257(2) and Schedule 14.

263 Meaning of “operational land”.

(1) Subject to the following provisions of this section and to section 264, in this Act “operational land” means, in relation to statutory undertakers— (a) land which is used for the purpose of carrying on their undertaking; and (b) land in which an interest is held for that purpose. (2) Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings. (2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000. (2B) Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land— (a) which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or (b) in which the licence holder, or a company associated with it, holds an interest for that purpose. (2C) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State. (2D) Subsection (1) does not apply in relation to a universal postal service provider. (2E) Subject to subsections (3) and (4) and section 264, in this Act “operational land” means, in relation to a universal postal service provider, land— (a) which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or (b) in which the provider, or a company associated with him, holds an interest for any such purpose. (3) In sections 108(3), . . ., 266 to 283 and Part II of Schedule 8 “operational land”, in relation to a universal postal service provider and the Civil Aviation Authority, means land of the provider’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations. (4) Such regulations— (a) shall be made— (i) in the case of a universal postal service provider, by the appropriate Minister and the Secretary of State acting jointly; and (ii) in the case of the Civil Aviation Authority, by the appropriate Minister; (b) may define a class of land by reference to any circumstances whatsoever, and (c) in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.

264 Cases in which land is to be treated as not being operational land.

(1) This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and— (a) the interest was acquired by them on or after 6th December 1968; or (b) it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1962 Act. (2) Where this section applies in respect of any land then, notwithstanding the provisions of section 263, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4). (3) Land falls within this subsection if— (a) there is, or at some time has been, in force with respect to it a specific planning permission for its development; and (b) that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking. (4) Land falls within this subsection if— (a) the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the Transport Act 1968, the Transport (London) Act 1969, the Gas Act 1986, the Airports Act 1986 the Water Act 1989 or the Water Industry Act 1991 or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011 from other statutory undertakers; and (b) immediately before transfer the land was operational land of those other undertakers. (4A) For the purposes of this section an interest in land acquired by Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) under or by virtue of that Act shall be taken to have been acquired by Transport for London or that subsidiary at the time and in the manner in which it was acquired by the relevant predecessor. (4B) In subsection (4A) “relevant predecessor” means London Regional Transport or such other predecessor in title of Transport for London or the subsidiary of Transport for London as last acquired the interest in question— (a) as the result of such a transfer as is mentioned in paragraph (a) of subsection (4); and (b) in such circumstances as are mentioned in paragraph (b) of that subsection. (5) A specific planning permission for the purpose of subsection (3)(a) is a planning permission— (a) granted on an application in that behalf made under Part III or, in relation to England, Part 13; or (b) granted by provisions of a development order ... granting planning permission generally for development which has received specific parliamentary approval; or (c) granted by a special development order in respect of development specifically described in the order; (ca) granted by a local development order or a neighbourhood development order; or (d) deemed to be granted by virtue of a direction of a government department under section 90(1). (6) In subsection (5)— (a) the reference in paragraph (a) to Part III includes a reference to Part III of the 1971 Act and the enactments in force before the commencement of that Act and replaced by Part III of it; and (b) the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised— (i) by a local or private Act of Parliament, (ii) by an order approved by both Houses of Parliament; or (iii) by an order which has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act 1945, being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out; (c) the reference in paragraph (d) to section 90(1) includes a reference to section 40 of the 1971 Act, section 41 of the 1962 Act and section 35 of the 1947 Act. (7) This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the Post Office Act 1969. (8) Where an interest in land is held by — (a) the Civil Aviation Authority, or (b) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 or a company associated with that person, this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority or the licence holder for the purposes of this act.

265 Meaning of “the appropriate Minister”.

(1) Subject to the following provisions of this section, in this Act “the appropriate Minister” means— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000, or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986), the Secretary of State for Transport; (b) in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the Secretary of State for Trade and Industry; (c) in relation to a universal postal service provider, the Secretary of State for Trade and Industry; and (d) in relation to any other statutory undertakers, the Secretary of State for Housing, Communities and Local Government. (2) For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8, “the appropriate Minister”, in relation to a public gas transporter or a holder of a licence under section 6 of the Electricity Act 1989, means the Secretary of State for Trade and Industry. (3) For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8 and Schedule 14 “the appropriate Minister”— (a) in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture, Fisheries and Food; ... (aa) in relation to the Natural Resources Body for Wales, means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs; and (b) in relation to a water or sewerage undertaker, means the Secretary of State. (4) References in this Act to the Secretary of State and the appropriate Minister— (a) if the appropriate Minister is not the one concerned as the Secretary of State, shall be construed as references to the Secretary of State and the appropriate Minister; and (b) if the one concerned as the Secretary of State is also the appropriate Minister, shall be construed as references to him alone, and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.

266 Applications for planning permission by statutory undertakers.

(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 Secretary of State under Part III; or (b) an appeal is made to the Secretary of State under that Part from the decision on such an application; or (c) such an application is deemed to be made under subsection (5) of section 177 on an appeal under section 174 by statutory undertakers, the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister. (1A) Subsection (1) has effect in relation to an application or appeal relating to land in England only if the Secretary of State or the appropriate Minister has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked). (1B) Subsection (1) has effect in relation to an application or appeal relating to land in Wales only if the Welsh Ministers or the appropriate Minister have given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked). (2) Subsection (1) applies— (a) to operational land; and (b) to 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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Subject to the provisions of this Part as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State. (5) 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 by the appropriate Minister.

267 Conditional grants of planning permission.

Notwithstanding anything in Part III, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring— (a) that any buildings or works authorised by the permission shall be removed, or (b) that any use of the land so authorised shall be discontinued, at the end of a specified period.

268 Development requiring authorisation of government department.

(1) The Secretary of State and the appropriate Minister shall not be required under section 266(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development. (2) Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission. (3) For the purposes of this section development shall be taken to be authorised by a government department if— (a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment; (b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development; (c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose; (d) authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or (e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants, and references in this section to the authorisation of a government department shall be construed accordingly.

269 Revocation or modification of permission to develop operational land.

In relation to any planning permission granted on the application of statutory undertakers for the development of operational land, the provisions of Part III with respect to the revocation and modification of planning permission shall have effect as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.

270 Order requiring discontinuance of use etc. of operational land.

The provisions of Part III with respect to the making of orders— (a) requiring the discontinuance of any use of land; (b) imposing conditions on the continuance of it; or (c) requiring buildings or works on land to be altered or removed, and the provisions of Schedule 9 with respect to the making of orders under that Schedule shall have effect in relation to operational land of statutory undertakers as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.

271 Extinguishment of rights of statutory undertakers: preliminary notices.

(1) This section applies where any land has been acquired by a Minister, a relevant authority or statutory undertakers under Part IX of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment or has been appropriated by a relevant authority for planning purposes, and— (a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or (b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking. (2) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the statutory undertakers a notice— (a) stating that at the end of the relevant period the right will be extinguished; or (b) requiring that before the end of that period the apparatus shall be removed. (3) The statutory undertakers on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority— (a) stating that they object to all or any of the provisions of the notice; and (b) specifying the grounds of their objection. (4) If no counter-notice is served under subsection (3)— (a) any right to which the notice relates shall be extinguished at the end of the relevant period; and (b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit. (5) If a counter-notice is served under subsection (3) on a relevant authority or on statutory undertakers, the authority or undertakers may either— (a) withdraw the notice (without prejudice to the service of a further notice); or (b) apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification. (6) If a counter-notice is served under subsection (3) on a Minister— (a) he may withdraw the notice (without prejudice to the service of a further notice); or (b) he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification. (7) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX. (8) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus. (9) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

272 Extinguishment of rights of telecommunications code system operators: preliminary notices.

(1) This section applies where any land has been acquired by a Minister, a relevant authority or statutory undertakers under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment or has been appropriated by a relevant authority for planning purposes, and— (a) there subsists over that land a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or (b) there is on, under or over the land electronic communications apparatus kept installed for the purposes of any such network. (2) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of the electronic communications code network a notice— (a) stating that at the end of the relevant period the right will be extinguished; or (b) requiring that before the end of that period the apparatus shall be removed. (3) The operator of the electronic communications code network on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority— (a) stating that he objects to all or any of the provisions of the notice; and (b) specifying the grounds of his objection. (4) If no counter-notice is served under subsection (3)— (a) any right to which the notice relates shall be extinguished at the end of the relevant period; and (b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit. (5) If a counter-notice is served under subsection (3) on a relevant authority or on statutory undertakers, the authority or undertakers may either— (a) withdraw the notice (without prejudice to the service of a further notice); or (b) apply to the Secretary of State and the Secretary of State for Trade and Industry for an order under this section embodying the provisions of the notice, with or without modification. (6) If a counter-notice is served under subsection (3) on a Minister— (a) he may withdraw the notice (without prejudice to the service of a further notice); or (b) he and the Secretary of State for Trade and Industry may make an order under this section embodying the provisions of the notice, with or without modification. (7) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX. (8) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus. (9) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

273 Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.

(1) Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 271(1), and— (a) there is on, under or over the land any apparatus vested in or belonging to statutory undertakers; and (b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development, the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. (2) No notice under this section shall be served later than 21 days after the beginning of the development of land which has been acquired or appropriated as mentioned in section 271(1). (3) Where a notice is served under this section, the authority on whom it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice— (b) specifying the grounds of their objection. (4) If no counter-notice is served under subsection (3), the statutory undertakers shall, after the end of that period, have the rights claimed in their notice. (5) If a counter-notice is served under subsection (3), the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them. (6) Where, by virtue of this section or of an order of Ministers under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves. (7) In subsection (1)(a), the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network . (8) For the purposes of subsection (7), in this section— (a) references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such network ; and (b) references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

274 Orders under ss. 271 and 272.

(1) Where a Minister and the appropriate Minister propose to make an order under section 271(6) or 272(6), they shall prepare a draft of the order. (2) Before making an order under subsection (5) or (6) of section 271, or under subsection (5) or (6) of section 272, the Ministers proposing to make the order shall give the statutory undertakers or, as the case may be, the operator of the the electronic communications code network on whom notice was served under subsection (2) of section 271 or, as the case may be, under subsection (2) of section 272 an opportunity of objecting to the application for, or proposal to make, the order. (3) If any such objection is made, before making the order the Ministers shall consider the objection and give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (5) of either of those sections, the relevant authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister. (4) After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification. (5) Where an order is made under section 271 or 272— (a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit. (6) In this section references to the appropriate Minister shall in the case of an order under section 272 be taken as references to the Secretary of State for Trade and Industry.

275 Extension or modification of functions of statutory undertakers.

(1) The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order— (a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a relevant authority or Minister may be authorised under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment; or (b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2). (2) The said acts and events are— (a) the acquisition under Part IX of this Act or either of those Chapters or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question; (b) the extinguishment of a right or the imposition of any requirement by virtue of section 271 or 272; (c) a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a); (d) the revocation or modification of planning permission granted on any such application; (e) the making of an order under section 102 or paragraph 1 of Schedule 9 in relation to any such land. (3) The powers conferred by this section shall also be exercisable where, on a representation made by a relevant authority or Minister, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the relevant authority or Minister making the representation may be authorised under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 to acquire land or in connection with which the relevant authority or Minister may compulsorily acquire land under any other enactment. (4) Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order— (a) to secure the services in question, as mentioned in subsection (1)(a) or (3), or (b) to secure the adjustment in question, as mentioned in subsection (1)(b), as the case may be. (5) Without prejudice to the generality of subsection (4), an order under this section may make provision— (a) for empowering the statutory undertakers— (i) to acquire (whether compulsorily or by agreement) any land specified in the order, and (ii) to erect or construct any buildings or works so specified; (b) for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works; (c) where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the relevant authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order; (d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order. (6) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

276 Procedure in relation to orders under s. 275.

(1) As soon as possible after making such a representation as is mentioned in subsection (1) or subsection (3) of section 275 the statutory undertakers, the relevant authority or Minister making the representation shall— (a) publish notice of the representation; and (b) if the Secretary of State and the appropriate Minister so direct, serve a similar notice on such persons, or persons of such classes, as they may direct. (2) A notice under subsection (1)— (a) shall be published in such form and manner as the Secretary of State and the appropriate Minister may direct; (b) shall give such particulars as they may direct of the matters to which the representation relates; and (c) shall specify the time within which, and the manner in which, objections to the making of an order on the representation may be made. (3) Orders under section 275 shall be subject to special parliamentary procedure.

277 Relief of statutory undertakers from obligations rendered impracticable.

(1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order. (2) Subsection (1) applies to the following acts and events— (a) the compulsory acquisition under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and (b) the acts and events specified in section 275(2)(b) to (e). (3) The appropriate Minister may direct statutory undertakers who have made a representation to him under subsection (1) to publicise it in either or both of the following ways— (a) by publishing in such form and manner as he may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made; (b) by serving such a notice on such persons, or persons of such classes, as he may direct. (4) The statutory undertakers shall comply with any direction given to them under subsection (3) as soon as possible after the making of the representation under subsection (1). (5) If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure. (6) Immediately after an order is made under this section by the appropriate Minister, he shall— (a) publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours; and (b) serve a similar notice— (i) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and (ii) on such other persons (if any) as the appropriate Minister thinks fit. (7) Subject to subsection (8), and to the provisions of Part XII, an order under this section shall become operative on the date on which the notice required by subsection (6) is first published. (8) Where in accordance with subsection (5) the order is subject to special parliamentary procedure, subsection (7) shall not apply.

278 Objections to orders under ss. 275 and 277.

(1) For the purposes of sections 275 to 277, an objection to the making of an order shall not be treated as duly made unless— (a) the objection is made within the time and in the manner specified in the notice required by section 276 or, as the case may be, section 277; and (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection. (2) Where an objection to the making of such an order is duly made in accordance with subsection (1) and is not withdrawn, the following provisions of this section shall have effect in relation to it. (3) Unless the appropriate Minister decides without regard to the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, before he makes a final decision he— (a) shall consider the grounds of the objection as set out in the statement; and (b) may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates. (4) In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision. (5) If— (a) after considering the grounds of the objection as so set out, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates; or (b) in a case where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters. (6) Subject to subsections (4) and (5), before making a final decision the appropriate Minister shall give the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister. (7) If the objector takes that opportunity, the appropriate Minister shall give an opportunity of appearing and being heard on the same occasion to the statutory undertakers, relevant authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to him to be expedient to give such an opportunity. (8) Notwithstanding anything in the previous provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held. (9) Where the appropriate Minister determines to cause such an inquiry to be held, any of the requirements of subsections (3) to (7) to which effect has not been given at the time of that determination shall be dispensed with. (10) In this section any reference to making a final decision in relation to an order is a reference to deciding whether to make the order or what modification (if any) ought to be made. (11) In the application of this section to an order under section 275, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

279 Right to compensation in respect of certain decisions and orders.

(1) Statutory undertakers shall, subject to the following provisions of this Part, be entitled to compensation from the local planning authority— (a) in respect of any decision made in accordance with section 266 by which planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where— (i) planning permission for that development would have been granted by a development order or a local development order but for a direction given under such an order that planning permission so granted should not apply to the development; and (ii) it is not development which has received specific parliamentary approval (within the meaning of section 264(6)); (b) in respect of any order under section 97, as modified by section 269, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified. (2) Where by virtue of section 271— (a) any right vested in or belonging to statutory undertakers is extinguished; or (b) any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed. (3) Where by virtue of section 272— (a) any right vested in or belonging to an operator of an electronic communications code network is extinguished; or (b) any requirement is imposed on such an operator, the operator shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed. (4) Where— (a) works are carried out for the removal or re-siting of statutory undertakers’ apparatus; and (b) the undertakers have the right to carry out those works by virtue of section 273 or an order of Ministers under that section, the undertakers shall be entitled to compensation from the acquiring or appropriating authority. (5) Subsection (1) shall not apply in respect of a decision or order if— (a) it relates to land acquired by the statutory undertakers after 7th January 1947; and (b) the Secretary of State and the appropriate Minister include in the decision or order a direction that subsection (1) shall not apply to it. (6) The Secretary of State and the appropriate Minister may only give a direction under subsection (5) if they are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of the decision or order in question. (7) For the purposes of this section the conditions referred to in sections 91 and 92 shall be disregarded.

280 Measure of compensation to statutory undertakers, etc.

(1) Where statutory undertakers are entitled to compensation— (a) as mentioned in subsection (1), (2) or (4) of section 279; (b) under the provisions of section 115 in respect of an order made under section 102 or paragraph 1, 3, 5 or 6 of Schedule 9, as modified by section 270; or (c) in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate, or the operator of an electronic communications code network is entitled to compensation as mentioned in section 279(3), the amount of the compensation shall (subject to section 281) be an amount calculated in accordance with this section. (2) Subject to subsections (4) to (6), that amount shall be the aggregate of— (a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network rendered necessary by the proceeding giving rise to compensation (a “business adjustment”); (b) the appropriate amount for loss of profits; and (c) where the compensation is under section 279(2) or (3), and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed. (3) In subsection (2) “the appropriate amount for loss of profits” means— (a) where a business adjustment is made, the aggregate of— (i) the estimated amount of any decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation; and (ii) such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment; (b) where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network which is directly attributable to the proceeding giving rise to compensation. (4) Where a business adjustment is made, the aggregate amount mentioned in subsection (2) shall be reduced by such amount (if any) as appears to the Upper Tribunal to be appropriate to offset— (a) the estimated value of any property (whether moveable or immoveable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, the provision of the electronic communications code network which in consequence of the adjustment ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and (b) the estimated amount of any increase in net receipts from the carrying on of the undertaking or the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment. (5) Where a business adjustment is made the aggregate amount mentioned in subsection (2) shall be further reduced by any amount which appears to the Upper Tribunal to be appropriate, having regard to any increase in the capital value of immoveable property belonging to the statutory undertakers or the operator which is directly attributable to the adjustment, allowance being made for any reduction made under subsection (4)(b). (6) Where— (a) the compensation is under section 279(4); and (b) the acquiring or appropriating authority carry out the works, then, in addition to any reduction falling to be made under subsection (4) or (5), the aggregate amount mentioned in subsection (2) shall be reduced by the actual cost to the authority of carrying out the works. (7) References in this section to a decrease in net receipts shall be construed as references— (a) to the amount by which a balance of receipts over expenditure is decreased; (b) to the amount by which a balance of expenditure over receipts is increased; or (c) where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly. (8) In this section— “proceeding giving rise to compensation” means— (a) except in relation to compensation under section 279(4), the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken; (b) in relation to compensation under section 279(4), the circumstances making it necessary for the apparatus in question to be removed or re-sited; “the appropriate Minister’s certificate” means such a certificate as is mentioned in section 16 of or paragraph 3 of Schedule 3 to the Acquisition of Land Act 1981.

281 Exclusion of s. 280 at option of statutory undertakers.

(1) Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 280(1)(c), the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 5 of the Land Compensation Act 1961) which would be applicable apart from section 280. (2) If the statutory undertakers so elect the compensation shall be ascertained accordingly. (3) An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land. (4) Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

282 Procedure for assessing compensation.

(1) Where the amount of any such compensation as is mentioned in subsection (1) of section 280 falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the Upper Tribunal, if apart from this section it would not fall to be so assessed. (2) For the purposes of any proceedings arising before the Upper Tribunal in respect of compensation falling to be ascertained as mentioned in subsection (1), the provisions of section 4 of the Land Compensation Act 1961 shall apply as they apply to proceedings on a question referred to the Tribunal under section 1 of that Act, but with the substitution in section 4, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

283 Display of advertisements on operational land.

Sections 266 to 270 and 279(1), (5) and (6) do not apply in relation to the display of advertisements on operational land of statutory undertakers.

284 Validity of development plans and certain orders, decisions and directions.

(1) Except in so far as may be provided by this Part, the validity of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a simplified planning zone scheme or an alteration of such a scheme, whether before or after the adoption or approval of the scheme or alteration; or (c) an order under any provision of Part X except section 251(1), whether before or after the order has been made; or (d) an order under section 277, whether before or after the order has been made; or (e) any such order as is mentioned in subsection (2), whether before or after it has been confirmed; or (f) any such action on the part of the Secretary of State or the Welsh Ministers as is mentioned in subsection (3), or— (g) a relevant costs order made in connection with an order mentioned in subsection (2) or an action mentioned in subsection (3), shall not be questioned in any legal proceedings whatsoever. (2) The orders referred to in subsection (1)(e) are— (a) any order under section 97 or under the provisions of that section as applied by or under any other provision of this Act; (b) any order under section 102; (c) any tree preservation order; (d) any order made in pursuance of section 221(5); (e) any order under paragraph 1, 3, 5 or 6 of Schedule 9. (3) The action referred to in subsection (1)(f) is action on the part of the Secretary of State or the Welsh Ministers of any of the following descriptions— (ya) any decision on an application made to the Secretary of State under section 62A; (za) any decision on an application referred to the Secretary of State under section 76A; (a) any decision on an application for planning permission referred to him the Secretary of State or the Welsh Ministers under section 77; (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ac) any decision on an application made to the Welsh Ministers under section 62M or section 62O (not including a decision to refer an application under section 62O(5)); (b) any decision on an appeal under section 78; (ba) any decision on an appeal under section 93I; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) any decision to confirm a completion notice under section 95; (e) any decision to grant planning permission under paragraph (a) of section 177(1) or to discharge a condition or limitation under paragraph (b) of that section; (f) any decision to confirm or not to confirm a purchase notice including— (i) any decision not to confirm such a notice in respect of part of the land to which it relates, or (ii) any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part; (g) any decision . . . on an appeal under section 195(1); (h) any decision relating— (i) to an application for consent under a tree preservation order tree preservation regulations, (ii) to an application for consent under any regulations made in accordance with section 220 or 221, or (iii) to any certificate or direction under any such order or regulations, whether it is a decision on appeal or a decision on an application referred to the Secretary of State or the Welsh Ministers for determination in the first instance. (i) any decision on an application for planning permission or permission in principle to the Welsh Ministers under section 293A. (j) any decision on an application made to the Secretary of State under section 293B, 293D or 293E , or (k) any determination by the Secretary of State whether to approve a biodiversity gain plan under Schedule 7A (biodiversity gain in England). (3A) In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act. (4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State or the Welsh Ministers to take any such action as is mentioned in subsection (3).

285 Validity of enforcement notices and similar notices.

(A1) The validity of a completion notice under section 93H shall not, except by way of an appeal under section 93I, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought. (1) . . . The validity of an enforcement notice shall not, except by way of an appeal under Part VII, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought. (2) Subsection (1) shall not apply to proceedings brought under section 179 . . . against a person who— (a) has held an interest in the land since before the enforcement notice was issued under that Part; (b) did not have a copy of the enforcement notice served on him under that Part; and (c) satisfies the court— (i) that he did not know and could not reasonably have been expected to know that the enforcement notice had been issued; and (ii) that his interests have been substantially prejudiced by the failure to serve him with a copy of it. (3) Subject to subsection (4), the validity of a notice which has been served under section 215 on the owner and occupier of the land shall not, except by way of an appeal under Chapter II of Part VIII, be questioned in any proceedings whatsoever on either of the grounds specified in section 217(1)(a) or (b). (4) Subsection (3) shall not prevent the validity of such a notice being questioned on either of those grounds in proceedings brought under section 216 against a person on whom the notice was not served, but who has held an interest in the land since before the notice was served on the owner and occupier of the land, if he did not appeal against the notice under that Chapter. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

286 Challenges to validity on ground of authority’s powers.

(1) The validity of any permission, determination or certificate granted, made or issued or purporting to have been granted, made or issued by a local planning authority in respect of— (a) an application for planning permission or permission in principle; (aa) an application for non-material changes to planning permission under section 96A; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an application for a certificate under section 191 or 192; (d) an application for consent to the display of advertisements under section 220; or (e) a determination under section 302 or Schedule 15, shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground that the permission, determination or certificate should have been granted, made or given by some other local planning authority. (2) The validity of any order under section 97 revoking or modifying planning permission or permission in principle, any order under section 102 or paragraph 1 of Schedule 9 requiring discontinuance of use, or imposing conditions on continuance of use, or requiring the alteration or removal of buildings or works, or any enforcement notice under section 172 or stop notice under section 183 or a breach of condition notice under section 187A, being an order or notice purporting to have been made, issued or served by a local planning authority, shall not be called in question in any such proceedings on the ground— (a) in the case of an order or notice purporting to have been made, issued or served by a district planning authority, that they failed to comply with paragraph 11(2) of Schedule 1; (b) in the case of an order or notice purporting to have been made, issued or served by a county planning authority, that they had no power to make, issue or serve it because it did not relate to a county matter within the meaning of that Schedule. (3) The validity of any completion notice served or purporting to have been served by a local planning authority under section 93H shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground of non-compliance with any requirement of paragraph 10 of Schedule 1.

287 Proceedings for questioning validity of development plans and certain schemes and orders.

(1) This section applies to— (a) a simplified planning zone scheme or an alteration of such a scheme; (b) an order under section 247, 248, 249, 251, 257, 258 or 277, and anything falling within paragraphs (a) and (b) is referred to in this section as a relevant document. (2) A person aggrieved by a relevant document may make an application to the High Court on the ground that— (a) it is not within the appropriate power, or (b) a procedural requirement has not been complied with. (2A) An application under this section may not be made without the leave of the High Court. (2B) An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date. (3) The High Court may make an interim order suspending the operation of the relevant document— (a) wholly or in part; (b) generally or as it affects the property of the applicant. (3ZA) An interim order has effect— (a) if made on an application for leave, until the final determination of— (i) the question of whether leave should be granted, or (ii) where leave is granted, the proceedings on any application under this section made with such leave; (b) in any other case, until the proceedings are finally determined. (3A) Subsection (3B) applies if the High Court is satisfied— (a) that a relevant document is to any extent outside the appropriate power; (b) that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement. (3B) The High Court may quash the relevant document— (a) wholly or in part; (b) generally or as it affects the property of the applicant. (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3D) The appropriate power is— (a) in the case of a simplified planning zone scheme or an alteration of the scheme, Part III; (b) in the case of an order under section 247, 248, 249, 251, 257, 258 or 277, the section under which the order is made. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) For the purposes of subsection (2B) the relevant date is— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the case of an application . . . in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 13 of Schedule 7, (c) in the case of an application . . . in respect of an order under section 247, 248, 249, or 251, the date on which the notice required by section 252(10) is first published, (d) in the case of an application . . . in respect of an order under section 257 or 258, the date on which the notice required by paragraph 7 of Schedule 14 is first published in accordance with that paragraph, (e) in the case of an application . . . in respect of an order under section 277, the date on which the notice required by subsection (6) of that section is first published; but subject, in the case of those orders mentioned in paragraphs (c) and (e) to which section 292 applies, to that section. (5A) References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A). (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

288 Proceedings for questioning the validity of other orders, decisions and directions.

(1) If any person— (a) is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds— (i) that the order is not within the powers of this Act, or (ii) that any of the relevant requirements have not been complied with in relation to that order; or (b) is aggrieved by any action on the part of the Secretary of State or the Welsh Ministers to which this section applies and wishes to question the validity of that action on the grounds— (i) that the action is not within the powers of this Act, or (ii) that any of the relevant requirements have not been complied with in relation to that action, he may make an application to the High Court under this section. (1A) If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds— (a) that the relevant costs order is not within the powers of this Act, or (b) that any of the relevant requirements have not been complied with in relation to the order. (2) Without prejudice to subsection (1) or (1A), if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State or the Welsh Ministers to which this section applies, or with any relevant costs order, wish to question the validity of that order or action on any of the grounds mentioned in subsection (1) or (1A) (as the case may be), the authority may make an application to the High Court under this section. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) This section applies to any such order as is mentioned in subsection (2) of section 284 and to any such action on the part of the Secretary of State or the Welsh Ministers as is mentioned in subsection (3) of that section. (4A) An application under this section may not be made without the leave of the High Court. (4B) An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after— (a) in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect; (b) in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed; (c) in the case of an application relating to an action to which this section applies, the date on which the action is taken; (d) in the case of an application relating to a relevant costs order, the date on which the order is made. (4C) When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave. (5) On any application under this section the High Court— (a) may, subject to subsection (6), by interim order suspend the operation of any order or action, the validity of which is questioned by the application, until the final determination of the proceedings; (b) if satisfied that any such order or action is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it, may quash that order or action. (6) The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a). (7) In relation to a tree preservation order, or to an order made in pursuance of section 221(5), the powers conferred on the High Court by subsection (4C) or (5) shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine. (8) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made. (9) In this section— “relevant costs order” has the same meaning as in section 284; “the relevant requirements”— in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to that order or action; in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the relevant costs order. (10) Any reference in this section to the authority directly concerned with any order or action to which this section applies— (a) in relation to any such decision as is mentioned in section 284(3)(f), is a reference to the council on whom the notice in question was served and, in a case where the Secretary of State has modified or the Welsh Ministers have modified such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers; (b) in any other case, is a reference to the authority who made the order in question or made the decision or served the notice to which the proceedings in question relate, or who referred the matter to the Secretary of State or the Welsh Ministers, or, where the order or notice in question was made or served by him the Secretary of State or the Welsh Ministers, the authority named in the order or notice. (11) References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).

289 Appeals to High Court relating to certain notices.

(1) Where the Secretary of State gives a decision in proceedings on an appeal under section 93I against a completion notice or under Part VII against an enforcement notice the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court. (2) Where the Secretary of State gives a decision in proceedings on an appeal under Part VIII against a notice under section 207, the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court. (2A) Where the Welsh Ministers give a decision in proceedings on an appeal under Part 8 against a notice under section 215, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Welsh Ministers to sign and state a case for the opinion of the High Court. (3) At any stage of the proceedings on any such appeal as is mentioned in subsection (1), the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court. (4) A decision of the High Court on a case stated by virtue of subsection (3) shall be deemed to be a judgment of the court within the meaning of section 16 of the Supreme Court Act 1981 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court). (4A) In proceedings brought by virtue of this section in respect of an enforcement notice, the High Court or, as the case may be, the Court of Appeal may, on such terms if any as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State. (4B) Where proceedings are brought by virtue of this section in respect of any notice under section 207 or 215, the notice shall be of no effect pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State. (5) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules— (a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State or the Welsh Ministers; and (b) providing for the Secretary of State or the Welsh Ministers, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly. (5A) Rules of court may also provide for the High Court or, as the case may be, the Court of Appeal to give directions as to the exercise, until such proceedings in respect of an enforcement notice are finally concluded and any re-hearing and determination by the Secretary of State has taken place, of any other powers in respect of the matters to which such a notice relates. (6) No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court. (7) In this section “decision” includes a direction or order, and references to the giving of a decision shall be construed accordingly.

290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

291 Special provisions as to decisions relating to statutory undertakers.

In relation to any action which— (a) apart from the provisions of Part XI would fall to be taken by the Secretary of State and, if so taken, would be action falling within section 284(3); but (b) by virtue of that Part, is required to be taken by the Secretary of State and the appropriate Minister, the provisions of sections 284 and 288 shall have effect (subject to section 292) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

292 Special provisions as to orders subject to special parliamentary procedure.

(1) Where an order under section 247, 248, 249 or 277 is subject to special parliamentary procedure, then— (a) if the order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, sections 284 and 287 shall not apply to the order; (b) in any other case, section 287 shall have effect in relation to the order as if, in subsection (4) of that section, for the reference to the date there mentioned there were substituted a reference to the date on which the order becomes operative under section 6 of that Act (“the operative date”). (2) Where by virtue of Part XI any such action as is mentioned in section 291 is required to be embodied in an order, and that order is subject to special parliamentary procedure, then— (a) if the order in which the action is embodied is confirmed by Act of Parliament under section 6 of that Act, sections 284 and 288 shall not apply; (b) in any other case, section 288 shall apply with the substitution for any reference to the date on which the action is taken of a reference to the operative date.

292A Application to the Crown

(1) This Act binds the Crown. (2) But subsection (1) is subject to express provision made by this Part.

293 Preliminary definitions.

(1) In this Part— “Crown land” means land in which there is a Crown interest or a Duchy interest; “Crown interest” means any of the following— an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; such other interest as the Secretary of State specifies by order; “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; “private interest” means an interest which is neither a Crown interest nor a Duchy interest. (2) For the purposes of this Part “the appropriate authority”, in relation to any land— (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners; (b) in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land; (ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State; (c) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy; (d) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; (e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department. (f) in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (g) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain. (2A) For the purposes of an application for planning permission or permission in principle made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application. (3) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final. (3A) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862. (3B) In subsection (2A) the Crown includes— (a) the Duchy of Lancaster; (b) the Duchy of Cornwall; (c) a person who is an appropriate authority by virtue of subsection (2)(f) and (g). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) An order made by the Secretary of State for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument. (6) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

293A Urgent Crown development: application to the Welsh Ministers

(1) This section applies to a development of land in Wales if the appropriate authority certifies— (a) that the development is of national importance, and (b) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for planning permission or permission in principle to the local planning authority in accordance with Part 3, make an application for planning permission or permission in principle to the Secretary of State under this section. (3) If the appropriate authority proposes to make the application to the Secretary of State an application under this section it must publish in one or more newspapers circulating in the locality of the proposed development a notice— (a) describing the proposed development, and (b) stating that the authority proposes to make the application to the Secretary of State. (4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply. (6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application. (7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Secretary of State must consult— (a) the local planning authority for the area to which the proposed development relates, (aa) any corporate joint committee for the area to which the proposed development relates, and (b) such other persons as are specified or described in a development order, about the application. (10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3)(matters related to national security). (11) Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.

293B Urgent Crown development: applications to the Secretary of State

(1) This section applies where— (a) the appropriate authority intends to make a relevant application, and (b) the authority considers— (i) that the development to which the application relates is of national importance, and (ii) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may make the application to the Secretary of State under this section. (3) In this section, “relevant application” means— (a) an application for planning permission for the development of land in England, or (b) an application for approval of a matter that, as defined in section 92, is a reserved matter in the case of an outline planning permission for the development of land in England, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. (4) An application under this section must include— (a) such information, documents or other matters as may be required by a development order, and (b) a statement of the appropriate authority’s grounds for making the application. (5) As soon as practicable after receiving the application, the Secretary of State must give notice to the appropriate authority either agreeing or refusing to determine the application. (6) The Secretary of State may only agree to determine the application if the Secretary of State considers that— (a) the development to which the application relates is of national importance, and (b) it is necessary that the development is carried out as a matter of urgency. (7) The Secretary of State must send a copy of a notice given under subsection (5) to the local planning authority to whom the application could otherwise have been made. (8) The Secretary of State may by notice require the appropriate authority to provide such further information as is necessary for the purposes of— (a) deciding whether to agree or to refuse to determine the application; (b) determining the application. (9) A development order may make provision— (a) as to the form and manner in which an application must be made; (b) requiring notice to be given of an application; (c) as to the form, content and service of a notice required under paragraph (b); (d) requiring that an application be publicised in such manner as the order may specify. (10) A development order which makes provision under subsection (9) may include provision to ensure that the imposition of any requirement under that subsection does not result in the public disclosure of sensitive information. (11) For the purposes of subsection (10), information is “sensitive” if the Secretary of State directs that— (a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and (b) its public disclosure would be contrary to the national interest. (12) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development. (13) The Secretary of State may give directions requiring a local planning authority to do things in relation to an application made under section 293B that could otherwise have been made to that authority. (14) Directions under subsection (13)— (a) may relate to a particular application or to applications more generally; (b) may be given to a particular authority or to authorities more generally.