Schedule 4, Paragraph 3: Effect of a correction Schedule 5: Provision relating to, or to matters ancillary to, development Section 138: Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.
235.This section relates to orders granting development consent which authorise the acquisition of land falling into one or more of two categories. One category is land on, under or over which a statutory undertaker has erected apparatus or where electronic communications apparatus is kept installed. The other category is land in respect of which a statutory undertaker or electronic communications code network operator has a specified right. Orders may include a provision requiring the removal of such apparatus or the extinguishment of such rights only if the decision-maker is satisfied that it is necessary for carrying out the development. The consent of the Secretary of State to the inclusion of the provision is required even where she is not the decision-maker if the undertaker or operator makes a representation about the application for the order and that representation is not withdrawn.