EPA s 86 (6) The Sec of State can designate land to which the public have no access as “relevant land” of a statutory undertaker
EPA s 86 (8) the Sec of State can designate land to which the public have access as not being “relevant land”.
These provisions are used in this order to:
Designate as “relevant land” operational land which is within 100 metres of a railway station platform or, under the Amendment, is in an urban* area which
(a) forms an embankment, cutting, siding, level or junction, but is notpart of a depot, goods yard, or enclosed area where plant and machineryis kept, or
(b) is within the rails or on the tracksides, but is not within a tunnel, or
(c) is on a viaduct or bridge.
Specify that the following land is not to be treated as relevant land of a statutory undertaker even though the public have access
Land other than operational land
Land used solely for the provision of freight services,
Land adjacent to an unpaved towing path or adjacent to a paved towing path where the paving extends for a length of less than 1 kilometre
* an area is urban if it is surrounded by, or adjoins for a continuous distance of not less than one kilometre, built-up sites (other than sites used for horticultural or agricultural purposes) on which there are permanent structures, and—
(a)for the purpose of determining whether any distance is continuous, any gap between built-up sites of 50 metres or less shall be disregarded,
(b)highways, navigable rivers and operational land which is not relevant land—
(i)shall not be treated as built-up sites for the purposes of determining whether or not land is in an urban area,
(ii)shall be ignored for the purposes of determining whether or not land adjoins built-up sites.”.