Section 70: Planning applications and appeals by statutory undertakers., Town and Country Planning Act 1968

In the circumstances mentioned in subsection (2) below, section 159(1) of the principal Act (statutory undertakers' planning applications and appeals, if in respect of operational land, to be dealt with by Ministers) shall apply to an application or appeal by statutory undertakers in respect of land which is not operational land as it applies to an application or appeal in respect of land which is.

The said circumstances are that—

an interest in the land in question is held by the undertakers with a view to its being used for the purpose of carrying on their undertaking ; or

it is land in which they propose to acquire an interest with a view to its being so used,

and (in either case) the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

The following provisions of the principal Act (being provisions which require certain planning decisions and orders affecting statutory undertakers to be subject to special parliamentary procedure) shall cease to have effect:—

section 159(2) (decision on planning application in respect of operational land or appeal thereon), except as respects an application for planning permission made before the commencement of this section or an appeal from the decision on an application so made ;

section 160(1) (decision of a government department refusing, or attaching conditions to, statutory authorisation for development), except as respects a decision made before that commencement;

section 161(2) (order revoking or modifying planning permission in respect of operational land), except as respects an order of which notice has been given under that subsection before that commencement;

section 162(2) (order requiring discontinuance of use etc. of operational land), except as respects an order of which notice has been given under that subsection before that commencement;

section 163(3)(b) (compulsory purchase order with respect to land acquired by statutory undertakers for the purpose of their undertaking), except as respects an order made or confirmed before that commencement; and

section 165(3) (order extinguishing a right of way or rights of statutory undertakers in respect of apparatus under certain land), except as respects an order made before that commencement.

Section 70: Planning applications and appeals by statutory undertakers.

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