Planning status of railway works
19 Planning status of railway works
A railway entity does not have to comply with the requirements of the Land Use Planning and Approvals Act 1993 as regards – emergency railway works; or routine railway works that are carried out wholly within the rail network in order to maintain the rail network.
All other railway works are taken to be developments that a planning authority has a discretion either to refuse or permit in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
To avoid doubt over the application of subsection (1)(b), the question of whether railway works are carried out wholly within the rail network is to be determined irrespective of whether a railway entity has to access adjoining land to carry out those railway works.
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