19Planning status of railway works

19 Planning status of railway works

(1)  A railway entity does not have to comply with the requirements of the Land Use Planning and Approvals Act 1993 as regards –

(a) emergency railway works; or

(b) routine railway works that are carried out wholly within the rail network in order to maintain the rail network.

(2)  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 .

(3)  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.