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under the Royal Sign Manual or, if no such appointment is | |
made, the Secretary of State; | |
(d) in relation to land belonging to Her Majesty in right of the | |
Duchy of Lancaster, the Chancellor of the Duchy; | |
(e) in relation to land belonging to the Duchy of Cornwall, such | 5 |
person as the Duke of Cornwall, or the possessor for the time | |
being of the Duchy, appoints; | |
(f) in the case of land belonging to a government department or | |
held in trust for Her Majesty for the purposes of a | |
government department, the department; | 10 |
(g) in relation to Westminster Hall and the Chapel of St Mary | |
Undercroft, means the Lord Great Chamberlain and the | |
Speakers of the House of Lords and the House of Commons | |
acting jointly; | |
(h) in relation to Her Majesty’s Robing Room in the Palace of | 15 |
Westminster, the adjoining staircase and ante-room and the | |
Royal Gallery, means the Lord Great Chamberlain. | |
(7) If any question arises as to what authority is the appropriate | |
authority in relation to any land it must be referred to the Treasury, | |
whose decision is final. | 20 |
(8) For the purposes of an application for listed building consent made | |
by or on behalf of the Crown in respect of land which does not belong | |
to the Crown or in respect of which it has no interest a reference to | |
the appropriate authority must be construed as a reference to the | |
person who makes the application. | 25 |
(9) For the purposes of subsection (8) the Crown includes— | |
(a) the Duchy of Lancaster; | |
(b) the Duchy of Cornwall; | |
(c) a person who is an appropriate authority by virtue of | |
subsection (6)(g) and (h).” | 30 |
(10) The reference to Her Majesty’s private estates must be construed in | |
accordance with section 1 of the Crown Private Estates Act 1862. | |
(11) An order made for the purposes of paragraph (c) of subsection (3) | |
must be made by statutory instrument. | |
(12) But no such order may be made unless a draft of it has been laid | 35 |
before and approved by resolution of each House of Parliament.” | |
8 (1) Section 31 of the hazardous substances Act (exercise of powers in relation to | |
Crown land) is amended as follows. | |
(2) Subsections (1) and (2) are omitted. | |
(3) In subsection (3) for the definition of “Crown interest” there is substituted | 40 |
the following definition— | |
““Crown interest” means any of the following— | |
(a) an interest belonging to Her Majesty in right of the Crown | |
or in right of Her private estates; | |
(b) an interest belonging to a government department or held | 45 |
in trust for Her Majesty for the purposes of a government | |
department; | |
| |
| |
|
| |
| |
(c) such other interest as the Secretary of State specifies by | |
order;” | |
(4) In subsection (5) after paragraph (a) there is inserted the following | |
paragraph— | |
“(aa) in relation to land belonging to Her Majesty in right of Her | 5 |
private estates means a person appointed by Her Majesty in | |
writing under the Royal Sign Manual or, if no such | |
appointment is made, the Secretary of State;” | |
(5) In subsection (5) after paragraph (d) there are inserted the following | |
paragraphs— | 10 |
“(e) in relation to Westminster Hall and the Chapel of St Mary | |
Undercroft, means the Lord Great Chamberlain and the | |
Speakers of the House of Lords and the House of Commons | |
acting jointly; | |
(f) in relation to Her Majesty’s Robing Room in the Palace of | 15 |
Westminster, the adjoining staircase and ante-room and the | |
Royal Gallery, means the Lord Great Chamberlain. | |
(6) After subsection (6) there are inserted the following subsections— | |
“(7) References to Her Majesty’s private estates must be construed in | |
accordance with section 1 of the Crown Private Estates Act 1862. | 20 |
(8) An order made for the purposes of paragraph (c) of the definition of | |
Crown interest in subsection (3) must be made by statutory | |
instrument. | |
(9) But no such order may be made unless a draft of it has been laid | |
before and approved by resolution of each House of Parliament.” | 25 |
Special enforcement notices | |
9 (1) Sections 294 and 295 of the principal Act (control of development on Crown | |
land: special enforcement notices) are omitted. | |
(2) But the repeal of sections 294 and 295 does not affect their operation in | |
relation to development carried out before the commencement of this | 30 |
paragraph. | |
Applications for planning permission, etc. | |
10 (1) After section 298 of the principal Act (supplementary provision as to Crown | |
and Duchy interests) there is inserted the following section— | |
“298A Applications for planning permission by Crown | 35 |
(1) This section applies to an application for planning permission or for | |
a certificate under section 192 made by or on behalf of the Crown. | |
(2) The Secretary of State may by regulations modify or exclude any | |
statutory provision relating to the making and determination of such | |
applications. | 40 |
(3) A statutory provision is a provision contained in or having effect | |
under any enactment.” | |
(2) Section 299 of the principal Act is omitted. | |
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| |
(3) The repeal of section 299 of the principal Act does not does not affect any | |
requirement made in pursuance of regulations made under subsection (5)(b) | |
of that section. | |
11 After section 82E of the listed buildings Act (inserted by section 79) there is | |
inserted the following section— | 5 |
“82F Applications for listed building or conservation area consent by | |
Crown | |
(1) This section applies to an application for listed building consent or | |
conservation area consent made by or on behalf of the Crown. | |
(2) The Secretary of State may by regulations modify or exclude any | 10 |
statutory provision relating to the making and determination of such | |
applications. | |
(3) A statutory provision is a provision contained in or having effect | |
under any enactment.” | |
12 (1) After section 32A of the hazardous substances Act (inserted by paragraph 2 | 15 |
of Schedule 3) there is inserted the following section— | |
“32B Applications for hazardous substances consent by Crown | |
(1) This section applies to an application for hazardous substances | |
consent made by or on behalf of the Crown. | |
(2) The Secretary of State may by regulations modify or exclude any | 20 |
statutory provision relating to the making and determination of such | |
applications. | |
(3) A statutory provision is a provision contained in or having effect | |
under any enactment.” | |
(2) Section 32 of the hazardous substances Act is omitted. | 25 |
Rights of entry | |
13 After section 325 of the principal Act (supplementary provisions as to rights | |
of entry) there is inserted the following section— | |
“325A Rights of entry: Crown land | |
(1) Section 324 applies to Crown land subject to the following | 30 |
modifications. | |
(2) A person must not enter Crown land unless he has the relevant | |
permission. | |
(3) Relevant permission is the permission of— | |
(a) a person appearing to the person seeking entry to the land to | 35 |
be entitled to give it, or | |
(b) the appropriate authority. | |
(4) In subsection (8) the words “Subject to section 325” must be ignored. | |
(5) Section 325 does not apply to anything done by virtue of this section. | |
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(6) “Appropriate authority” must be construed in accordance with | |
section 293(2).” | |
14 After section 88B of the listed buildings Act (rights of entry: supplementary | |
provisions) there is inserted the following section— | |
“88C Rights of entry: Crown land | 5 |
(1) Section 88 applies to Crown land subject to the following | |
modifications. | |
(2) A person must not enter Crown land unless he has the relevant | |
permission. | |
(3) Relevant permission is the permission of— | 10 |
(a) a person appearing to the person seeking entry to the land to | |
be entitled to give it, or | |
(b) the appropriate authority. | |
(4) In subsection (6) the words “Subject to section 88B(8)” must be | |
ignored. | 15 |
(5) Section 88B does not apply to anything done by virtue of this section. | |
(6) “Appropriate authority” must be construed in accordance with | |
section 82C(6).” | |
15 After section 36B of the hazardous substances Act (rights of entry: | |
supplementary provisions) there is inserted the following section— | 20 |
“36C Rights of entry: Crown land | |
(1) Section 36 applies to Crown land subject to the following | |
modifications. | |
(2) A person must not enter Crown land unless he has the relevant | |
permission. | 25 |
(3) Relevant permission is the permission of— | |
(a) a person appearing to the person seeking entry to the land to | |
be entitled to give it, or | |
(b) the appropriate authority. | |
(4) Section 36B does not apply to anything done by virtue of this section. | 30 |
(5) “Appropriate authority” must be construed in accordance with | |
section 31(5).” | |
Service of notices | |
16 After section 329 of the principal Act (service of notices) there is inserted the | |
following section— | 35 |
“329A Service of notices on the Crown | |
(1) Any notice or other document required under this Act to be served | |
on the Crown must be served on the appropriate authority. | |
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(2) Section 329 does not apply for the purposes of the service of such a | |
notice or document. | |
(3) “Appropriate authority” must be construed in accordance with | |
section 293(2).” | |
Information as to interests in land | 5 |
17 After section 330 of the principal Act (power to require information as to | |
interests in land) there is inserted the following section— | |
“330A Information as to interests in Crown land | |
(1) This section applies to an interest in Crown land which is not a | |
private interest. | 10 |
(2) Section 330 does not apply to an interest to which this section applies. | |
(3) For a purpose mentioned in section 330(1) the Secretary of State may | |
request the appropriate authority to give him such information as to | |
the matters mentioned in section 330(2) as he specifies in the request. | |
(4) The appropriate authority must comply with a request under | 15 |
subsection (3) except to the extent— | |
(a) that the matter is not within the knowledge of the authority, | |
or | |
(b) that to do so will disclose information as to any of the matters | |
mentioned in section 321(4). | 20 |
(5) Expressions used in this section and in Part 13 must be construed in | |
accordance with that Part.” | |
Listed buildings and conservation areas | |
18 (1) Sections 83 and 84 of the listed buildings Act (provisions relating to Crown | |
land) are omitted. | 25 |
(2) The repeal of section 84 of the listed buildings Act does not does not affect | |
any requirement made in pursuance of regulations made under subsection | |
(4)(b) of that section. | |
19 (1) Section 89(1) of the listed buildings Act (application of certain general | |
provisions of principal Act) is amended as follows. | 30 |
(2) After the entry relating to section 329 there is inserted— | |
“section 329A(1) and (2) (service of notices on the Crown)”. | |
(3) After the entry relating to section 330 there is inserted— | |
“section 330A(1) to (4) (information as to interests in Crown land)”. | |
Hazardous substances | 35 |
20 In section 17 of the hazardous substances Act (revocation of consent on | |
change of control of land) after subsection (2) there is inserted the following | |
subsection— | |
“(3) This section does not apply if the control of land changes from one | |
emanation of the Crown to another.” | 40 |
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| |
21 (1) Section 37(2) of the hazardous substances Act (application of certain general | |
provisions of the principal Act) is amended as follows. | |
(2) After the entry relating to section 329 there is inserted— | |
“section 329A(1) and (2) (service of notices on the Crown)”. | |
(3) After the entry relating to section 330 there is inserted— | 5 |
“section 330A(1) to (4) (information as to interests in Crown land)”. | |
Miscellaneous | |
22 Section 293(4) of the principal Act (certain persons treated as having an | |
interest in Crown land) is omitted. | |
23 Section 297 of the principal Act (agreements relating to Crown land) is | 10 |
omitted. | |
24 (1) Section 298 of the principal Act (supplementary provisions as to Crown and | |
Duchy interests) is amended as follows. | |
(2) Subsections (1) and (2) are omitted. | |
(3) In subsection (3) after “in which there is” there is inserted “a Crown interest | 15 |
or”. | |
25 Section 299A of the principal Act (Crown planning obligations) is omitted. | |
26 (1) Section 300 of the principal Act (tree preservation orders in anticipation of | |
disposal of Crown land) is omitted. | |
(2) But the repeal of section 300 does not affect its operation in relation to a tree | 20 |
preservation order made by virtue of that section before the commencement | |
of this paragraph. | |
27 (1) Section 301 of the principal Act (requirement of planning permission for | |
continuance of use instituted by the Crown) is omitted. | |
(2) But the repeal of section 301 does not affect its operation in relation to an | 25 |
agreement made as mentioned in subsection (1) of that section before the | |
commencement of this paragraph. | |
Schedule 4 | |
Section 84 | |
Transitional provisions: Crown application | |
Part 1 | 30 |
The principal Act | |
Introduction | |
1 This Part applies to a development if— | |
(a) it is a development for which before the relevant date no planning | |
permission is required, | 35 |
(b) it is not a development or of a description of development for which | |
planning permission is granted by virtue of a development order, | |
and | |
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| |
(c) before the relevant date proposed development notice had been | |
given to the local planning authority. | |
2 In this Part— | |
(a) the relevant date is the date of commencement of section 74(1); | |
(b) proposed development notice is notice of a proposal for | 5 |
development given by the developer in pursuance of arrangements | |
made by the Secretary of State in relation to development by or on | |
behalf of the Crown; | |
(c) the developer is the Crown or a person acting on behalf of the | |
Crown. | 10 |
Acceptable development | |
3 (1) This paragraph applies if before the relevant date in pursuance of the | |
arrangements either the local planning authority have or the Secretary of | |
State has given notice to the developer that they or he (as the case may be) | |
find the proposed development acceptable. | 15 |
(2) The notice must be treated as if it is planning permission granted under Part | |
3 of the principal Act. | |
(3) If the notice is subject to conditions the conditions have effect as if they are | |
conditions attached to the planning permission. | |
4 (1) This paragraph applies if before the relevant date the local planning | 20 |
authority have in pursuance of the arrangements kept a register of proposed | |
development notices. | |
(2) The register must be treated as if it is part of the register kept by them in | |
pursuance of section 69 of the principal Act. | |
Referred proposals | 25 |
5 (1) This paragraph applies if— | |
(a) before the relevant date the local planning authority have notified | |
the developer in pursuance of the arrangements that they do not find | |
the development acceptable, and | |
(b) the matter has been referred to but not decided by the Secretary of | 30 |
State. | |
(2) This paragraph also applies if— | |
(a) before the relevant date the local planning authority have notified | |
the developer in pursuance of the arrangements that they find the | |
development acceptable subject to conditions, and | 35 |
(b) the matter has been referred to but not decided by the Secretary of | |
State. | |
(3) The Secretary of State must deal with the proposal as if it is an appeal by an | |
applicant for planning permission under section 78 of the principal Act. | |
Pending proposals | 40 |
6 (1) This paragraph applies if before the relevant date— | |
(a) proposed development notice has been given, but | |
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