Planning and Development (Strategic Infrastructure) Act 2006

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PART 3

Amendments of Principal Act (including amendments consequential on Part 2)

Amendment of section 2 of Principal Act.

6.— Section 2(1) of the Principal Act is amended—

(a) by inserting the following definition after the definition of “Minister”:

“ ‘ National Spatial Strategy ’ means the ‘National Spatial Strategy: 2002 – 2020’ published by the Government on 28 November 2002, or any document published by the Government which amends or replaces that Strategy;”,

(b) by inserting the following definition after the definition of “party to an appeal or referral”:

“ ‘ permission ’ means a permission granted under section 34 or 37G, as appropriate;”,

(c) by inserting the following definitions after the definition of “statutory undertaker”:

“ ‘ strategic downstream gas pipeline ’ means any proposed gas pipeline, other than an upstream gas pipeline, which is designed to operate at 16 bar or greater, and is longer than 20 kilometres in length;

‘ strategic gas infrastructure development ’ means any proposed development comprising or for the purposes of a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe;

‘ strategic infrastructure development ’ means—

(a) any proposed development in respect of which a notice has been served under section 37B(4)(a),

(b) any proposed development by a local authority referred to in section 175(1) or 226(6),

(c) any proposed development referred to in section 181A(1),

(d) any proposed development referred to in section 182A(1),

(e) any proposed strategic gas infrastructure development referred to in section 182C(1),

(f) any scheme or proposed road development referred to in section 215,

(g) any proposed railway works referred to in section 37(3) of the Transport (Railway Infrastructure) Act 2001 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006), or

(h) any compulsory acquisition of land referred to in section 214, 215A or 215B, being an acquisition related to development specified in any of the preceding paragraphs of this definition;

‘ Strategic Infrastructure Division ’ means the division of the Board referred to in section 112A(1);

‘ strategic upstream gas pipeline ’ means so much of any gas pipeline proposed to be operated or constructed—

(a) as part of a gas production project, or

(b) for the purpose of conveying unprocessed natural gas from one or more than one such project to a processing plant or terminal or final coastal landing terminal,

as will be situate in the functional area or areas of a planning authority or planning authorities;”,

and

(d) in the definitions of “unauthorised structure”, “unauthorised use” and “unauthorised works”, by substituting “or under section 34 or 37G of this Act” for “or under section 34 of this Act” in each place where those words occur.