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For the legal treatment of operational land see
Operational land is a legal term with implications for planning permission and development rights.
Permitted development is development by railway undertakers on their operational land in connection with the movement of traffic by rail.
The plot was non operational land: Manningtree Station development was NOT permitted development.
Plot operational status is determined by the two parts making up Town and Country Planning Act 1990 (TCPA) Section 263:
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'operational land' means, in relation to statutory undertakers- |
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a. |
land which is used for the purpose of carrying on their undertaking, and |
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land in which an interest is held for that purpose. |
About S.263.1 Mott MacDonald writes (
The car park expansion site is currently unused, however, was transferred to GA with the intention of being used for future operational purposes pertaining to Manningtree Station.
We ask
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
About S.263.2 Mott MacDonald writes: (Nothing)
We point out
We demonstrate
Did Greater Anglia really have any choice whether or not to take on the plot with the rest of it's station? (Who else was there, if not Greater Anglia, to take on responsibility for isolated sloping waste land within Greater Anglia's train station?)
S.263.1 & S.263.2 make up a single clause - S263 - that determines whether a plot of development land is 'operational' land (and thereby eligible for permitted development status).
There is nothing in the wording of S.263.1 that removes consideration of S.263.2.
S.263.2 must be considered, not least because it may override S.263.1.
(In their volumous correspondence
Greater Anglia,
Manningtree Station car park development plot was sloping waste land between the original car park and the station boundary beneath:
The plot clearly had nothing in common with land used for the purpose of the carrying on of statutory undertakings. Had it done so it would not have required so much attention:
Subsection 2 removes operational status from a plot deemed operational by subsection 1 if that plot bears little physical resemblance to land used in the functioning of a railway station as a railway station.
Based on an actual physical comparison it is a reality check against mere claims of future operational intent. (In the absense of such a reality check the developer may trigger operational status for any plot, however unsuitable, merely by claiming operational intent.)
An area of outstanding natural beauty (AONB) is land protected by the Countryside and Rights of Way Act 2000 (CROW Act). It protects the land to conserve and enhance its natural beauty.
In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority [ ] must seek to further the purpose of conserving and enhancing the the natural beauty of the area of outstanding natural beauty
Judicial review is a type of legal case where a judge (or judges) reviews the lawfulness of a decision or action made by a public authority.
The judge does not decide if the original decision made by the public authority was right or wrong; instead, they look at the process of the decision making and decide if it was lawful and if the correct processes were used.
Permitted development is development by railway undertakers on their operational land, required in connection with the movement of traffic by rail
Permitted development rights (PDRs) allow individuals and developers to make certain changes to buildings or land without the need to apply for, and obtain, planning permission
Greater Anglia is a (statutory) 'railway undertaker'.
In recognition of their special status, statutory undertakers have privileges regarding development and highways access. They are often exempt from planning permission for small works.
A Certificate of Lawful Proposed Use or Development (CLPUD also known as a CLOPUD) allows you to obtain a decision from the Local Planning Authority that a proposed use or works does not require planning permission and is lawful under section 192 of the Town and Country Planning Act 1990.
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Subject to the following provisions of this section and to section 264, in this Act “operational land” means, in relation to statutory undertakers - |
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a. |
land which is used for the purpose of carrying on their undertaking, and |
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b. |
land in which an interest is held for that purpose. |
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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 undertaking |
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An enforcement notice is a notice served against unauthorised development requiring the unauthorised development to be demolished.
states whether the [local planning] Authority or Secretary of State considers that an Environmental Impact Assessment (EIA) should be submitted for a future or current development proposal
Environmental impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term 'environmental impact assessment' is usually used when applied to actual projects by individuals or companies