25 Railways

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(1)     Construction of a railway is within section 14(1)(k) only if—

(a)     the railway will (when constructed) be wholly in England,

(b)     the railway will (when constructed) be part of a network operated by an approved operator,

[(ba)     the railway will (when constructed) include a stretch of track that—

(i)     is a continuous length of more than 2 kilometres, and

(ii)     is not on land that was operational land of a railway undertaker immediately before the construction work began or is on land that was acquired at an earlier date for the purpose of constructing the railway,] and

(c)     the construction of the railway is not permitted development.

(2)     Alteration of a railway is within section 14(1)(k) only if—

(a)

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