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Protection of statutory undertakers.
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15.—(1) No provision contained in a planning scheme shall apply to any land or to any structure on, in, or under any land which is at the relevant date occupied by a statutory undertaker for the purposes of his undertaking so long as such land or structure continues to be so occupied, unless or save in so far as either such statutory undertaker consents under this section to the application of such provision to such land or structure or the Minister by order made under this section directs that such provision shall apply to such land or structure.
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(2) A planning authority by whom a planning scheme has been or is being made or the responsible authority under a planning scheme may request any statutory undertaker, who on the relevant date occupies for the purposes of his undertaking any land in the area to which such planning scheme relates or is intended to relate, to consent to the application of any provision in such planning scheme to such land or to any structure on, in, or under such land.
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(3) Where any such request as is mentioned in the next preceding sub-section of this section has been made by a planning authority or a responsible authority to a statutory undertaker and such statutory undertaker does not, within two months after the making of such request, either give or refuse the consent mentioned in such request, such statutory undertaker shall be deemed for the purposes of this section to have given such consent at the expiration of the said period of two months.
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(4) Where any such request as aforesaid made by a planning authority or a responsible authority to a statutory undertaker is refused by such statutory undertaker within two months after the making of such request, such planning authority or such responsible authority (as the case may be) may appeal to the Minister against such refusal, and on such appeal the Minister may, if he is of opinion that such refusal is unreasonable, by order declare that the provision the subject of such request shall apply or, where the planning scheme has not been made, may be applied to the land or structure mentioned in such request either, as the Minister shall think proper, without restriction or to such limited extent or subject to such conditions as the Minister shall think proper to specify in such order.
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(5) Before making an order under this section in relation to any land or to any structure on, in, or under any land occupied for the purposes of a railway, canal, inland navigation, dock, harbour, tramway, gas, or electricity undertaking, the Minister shall consult with the Minister for Industry and Commerce in regard to such order.
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(6) Whenever any land or structure in the area to which a planning scheme relates is at the relevant date occupied by a statutory undertaker for the purposes of his undertaking, and ceases at any time after the relevant date to be occupied by such statutory undertaker for such purposes, and either such statutory undertaker has not given the consent mentioned in this section or the Minister has not made an order under this section, every provision contained in such planning scheme which would have applied to such land or structure if it were not so occupied by such statutory undertaker shall, immediately upon such cesser, apply to such land or structure but with the modification that the date of such cesser shall be the relevant date in respect of such land or structure.
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