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(b) the local planning authority have not given notice to the developer | |
as mentioned in paragraph 3 or 5. | |
(2) The principal Act applies as if the proposal is an application for planning | |
permission duly made under Part 3 of that Act. | |
Part 2 | 5 |
The listed buildings Act | |
Introduction | |
7 This Part applies to works if— | |
(a) they are works for which before the relevant date no listed building | |
consent is required, and | 10 |
(b) before the relevant date proposed works notice had been given to the | |
local planning authority. | |
8 In this Part— | |
(a) the relevant date is the date of commencement of section 74(1); | |
(b) proposed works notice is notice of a proposal for works given by the | 15 |
person proposing to carry out the works (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. | 20 |
Acceptable works | |
9 (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 works acceptable. | 25 |
(2) The notice must be treated as if it is listed building consent granted under | |
the listed buildings Act. | |
(3) If the notice is subject to conditions the conditions have effect as if they are | |
conditions attached to the consent. | |
10 (1) This paragraph applies if before the relevant date the local planning | 30 |
authority have in pursuance of the arrangements kept a register of proposed | |
works notices. | |
(2) The register must be treated as if it is part of the register kept by them in | |
pursuance of the listed buildings Act. | |
Referred proposals | 35 |
11 (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 works acceptable, and | |
(b) the matter has been referred to but not decided by the Secretary of | 40 |
State. | |
(2) This paragraph also applies if— | |
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| |
(a) before the relevant date the local planning authority have notified | |
the developer in pursuance of the arrangements that they find the | |
works acceptable subject to conditions, and | |
(b) the matter has been referred to but not decided by the Secretary of | |
State. | 5 |
(3) The Secretary of State must deal with the proposal as if it is an appeal by an | |
applicant for listed building consent under section 20 of the listed buildings | |
Act. | |
Pending proposals | |
12 (1) This paragraph applies if before the relevant date— | 10 |
(a) proposed works notice has been given, but | |
(b) the local planning authority have not given notice to the developer | |
as mentioned in paragraph 9 or 11. | |
(2) The listed buildings Act applies as if the proposal is an application for listed | |
building consent duly made under that Act. | 15 |
Schedule 5 | |
Section 85 | |
Crown application: Scotland | |
Purchase notices | |
1 In the Town and Country Planning (Scotland) Act 1997 (c. 8) (referred to in | |
this Schedule as the “principal Scottish Act”), there is inserted after section | 20 |
88 (circumstances in which purchase notices may be served) the following | |
section— | |
“88A Purchase notices: Crown land | |
(1) A purchase notice may be served in respect of Crown land only as | |
mentioned in this section. | 25 |
(2) The owner of a private interest in Crown land must not serve a | |
purchase notice unless— | |
(a) he first offers to dispose of his interest to the appropriate | |
authority on equivalent terms, and | |
(b) the offer is refused by the appropriate authority. | 30 |
(3) The appropriate authority may serve a purchase notice in relation to | |
the following land— | |
(a) land belonging to Her Majesty in right of her private estates, | |
(b) land which forms part of the Crown Estate. | |
(4) An offer is made on equivalent terms if the price payable for the | 35 |
interest is equal to (and, in default of agreement, determined in the | |
same manner as) the compensation which would be payable in | |
respect of it if it were acquired in pursuance of a purchase notice. | |
(5) Expressions used in this section and in Part 12 (Crown Land) must | |
be construed in accordance with that Part.”. | 40 |
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2 In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act | |
1997 (c. 9) (referred to in this Schedule as the “Scottish listed buildings Act”), | |
after section 28 (circumstances in which purchase notices may be served) | |
there is inserted the following section— | |
“28A Purchase notices: Crown land | 5 |
(1) A listed building purchase notice may be served in respect of Crown | |
land only as mentioned in this section. | |
(2) The owner of a private interest in Crown land must not serve a listed | |
building purchase notice unless— | |
(a) he first offers to dispose of his interest to the appropriate | 10 |
authority on equivalent terms, and | |
(b) the offer is refused by the appropriate authority. | |
(3) The appropriate authority may serve a listed building purchase | |
notice in relation to the following land— | |
(a) land belonging to Her Majesty in right of her private estates, | 15 |
(b) land which forms part of the Crown Estate. | |
(4) An offer is made on equivalent terms if the price payable for the | |
interest is equal to (and, in default of agreement, determined in the | |
same manner as) the compensation which would be payable in | |
respect of it if it were acquired in pursuance of a listed building | 20 |
purchase notice.”. | |
Compulsory acquisition | |
3 (1) In the principal Scottish Act, section 189 (compulsory acquisition of land for | |
development and other planning purposes) is amended as follows. | |
(2) After subsection (2) there is inserted the following subsection— | 25 |
“(2A) The Scottish Ministers must not authorise the acquisition of any | |
interest in Crown land unless— | |
(a) it is an interest which is for the time being held otherwise | |
than by or on behalf of the Crown, and | |
(b) the appropriate authority consents to the acquisition.”. | 30 |
(3) After subsection (8) there is inserted the following subsection— | |
“(9) Crown land must be construed in accordance with Part 12.”. | |
4 (1) Section 190 of that Act (compulsory acquisition of land by Secretary of State | |
for the Environment) is amended as follows. | |
(2) After subsection (1) there is inserted the following subsection— | 35 |
“(1A) But subsection (1) does not permit the acquisition of any interest in | |
Crown land unless— | |
(a) it is an interest which is for the time being held otherwise | |
than by or on behalf of the Crown, and | |
(b) the appropriate authority consents to the acquisition.”. | 40 |
(3) After subsection (7) there is added the following subsection— | |
“(8) Crown land must be construed in accordance with Part 12.”. | |
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5 (1) In the Scottish listed buildings Act, section 42 (compulsory acquisition of | |
listed building in need of repair) is amended as follows. | |
(2) After subsection (6) there is inserted the following subsection— | |
“(6A) This section does not permit the acquisition of any interest in Crown | |
land unless— | 5 |
(a) it is an interest which is for the time being held otherwise | |
than by or on behalf of the Crown, and | |
(b) the appropriate authority consents to the acquisition.”. | |
Definitions | |
6 (1) In the principal Scottish Act, section 242 (preliminary definitions) is | 10 |
amended as follows. | |
(2) In subsection (1) for the definition of “Crown interest” there is substituted | |
the following definition— | |
““Crown interest” means any of the following— | |
(a) an interest belonging to Her Majesty in right of the Crown | 15 |
or in right of Her private estates, | |
(b) an interest belonging to a government department or held | |
in trust for Her Majesty for the purposes of a government | |
department, | |
(c) such other interest as the Scottish Ministers specify by | 20 |
order;”. | |
(3) In subsection (2) after paragraph (b) there is inserted the following | |
paragraph— | |
“(ba) in relation to land belonging to Her Majesty in right of Her private | |
estates means a person appointed by Her Majesty in writing under | 25 |
the Royal Sign Manual or, if no such appointment is made, the | |
Scottish Ministers;”. | |
(4) After subsection (2) there is inserted the following subsection— | |
“(2A) For the purposes of an application for planning permission made by | |
or on behalf of the Crown in respect of land which does not belong | 30 |
to the Crown or in respect of which the Crown has no interest, a | |
reference to the appropriate authority must be construed as a | |
reference to the person who makes the application.”. | |
(5) After subsection (3) there is inserted the following subsection— | |
“(3A) References to Her Majesty’s private estates must be construed in | 35 |
accordance with section 1 of the Crown Private Estates Act 1862 | |
(c. 37).”. | |
(6) After subsection (4) there are inserted the following subsections— | |
“(5) An order made for the purposes of paragraph (c) of the definition of | |
Crown interest in subsection (1) must be made by statutory | 40 |
instrument. | |
(6) But no such order may be made unless a draft of it has been laid | |
before and approved by resolution of the Scottish Parliament.”. | |
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7 In the Scottish listed buildings Act, after section 73B (inserted by section | |
88(1)), there is inserted the following section— | |
“73C Expressions relating to the Crown | |
(1) Expressions relating to the Crown must be construed in accordance | |
with this section. | 5 |
(2) Crown land is land in which there is a Crown interest. | |
(3) A Crown interest is 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 in | 10 |
trust for Her Majesty for the purposes of a government | |
department, | |
(c) such other interest as the Scottish Ministers specify by order. | |
(4) A private interest is an interest which is not a Crown interest. | |
(5) The appropriate authority in relation to any land is— | 15 |
(a) in the case of land belonging to Her Majesty in right of the | |
Crown and forming part of the Crown Estate, the Crown | |
Estate Commissioners, | |
(b) in relation to any other land belonging to Her Majesty in right | |
of the Crown, the government department having the | 20 |
management of the land, | |
(c) in relation to land belonging to Her Majesty in right of Her | |
private estates, a person appointed by Her Majesty in writing | |
under the Royal Sign Manual or, if no such appointment is | |
made, the Scottish Ministers, | 25 |
(d) 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. | |
(6) If any question arises as to what authority is the appropriate | |
authority in relation to any land it must be referred to the Scottish | 30 |
Ministers, whose decision is final. | |
(7) For the purpose 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 the Crown has no interest, a | |
reference to the appropriate authority must be construed as a | 35 |
reference to the person who makes the application. | |
(8) The reference to Her Majesty’s private estates must be construed in | |
accordance with section 1 of the Crown Private Estates Act 1862 | |
(c. 37). | |
(9) An order made for the purposes of paragraph (c) of subsection (3) | 40 |
must be made by statutory instrument. | |
(10) But no such order may be made unless a draft of it has been laid | |
before and approved by resolution of the Scottish Parliament. | |
(11) This section applies for the purposes of this Act.”. | |
8 (1) In the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (referred | 45 |
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to in this Schedule as the “Scottish hazardous substances Act”, section 31 | |
(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 | |
the following definition— | 5 |
““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 in | |
trust for Her Majesty for the purposes of a government | 10 |
department, | |
(c) such other interest as the Scottish Ministers specify by order. | |
| |
(4) In subsection (5) after paragraph (b) there is inserted the following | |
paragraph— | 15 |
“(ba) in relation to land belonging to Her Majesty in right of Her | |
private estates means a person appointed by Her Majesty in | |
writing under the Royal Sign Manual or, if no such | |
appointment is made, the Scottish Ministers,”. | |
(5) After subsection (6) there are inserted the following subsections— | 20 |
“(7) References to Her Majesty’s private estates must be construed in | |
accordance with section 1 of the Crown Private Estates Act 1862 | |
(c. 37). | |
(8) An order made for the purposes of paragraph (c) of the definition of | |
Crown interest in subsection (3) must be made by statutory | 25 |
instrument. | |
(9) But no such order may be made unless a draft of it has been laid | |
before and approved by resolution of the Scottish Parliament.”. | |
Special enforcement notices | |
9 (1) Sections 243 and 244 of the principal Scottish Act (control of development on | 30 |
Crown land: special enforcement notices) are omitted. | |
(2) But the repeal of sections 243 and 244 does not affect their operation in | |
relation to development carried out before the commencement of this | |
paragraph. | |
Applications for planning permission, etc. | 35 |
10 (1) In the principal Scottish Act, after section 247 (supplementary provision as | |
to Crown interest) there is inserted the following section— | |
“247A Applications for planning permission by Crown | |
(1) This section applies to an application for planning permission or for | |
a certificate under section 151 made by or on behalf of the Crown. | 40 |
(2) The Scottish Ministers may by regulations modify or exclude any | |
statutory provision relating to the making and determination of such | |
applications. | |
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(3) A statutory provision is a provision contained in or having effect | |
under any enactment.”. | |
(2) Section 248 (application for planning permission etc. in anticipation of | |
disposal of Crown land) is omitted. | |
(3) The repeal of that section does not affect any requirement made in | 5 |
pursuance of regulations made under subsection (5)(b) of that section. | |
11 After section 73E of the Scottish listed buildings Act (inserted by section | |
89(4)) there is inserted the following section— | |
“73F Applications for listed building or conservation area consent by | |
Crown | 10 |
(1) This section applies to an application for— | |
(a) listed building consent, or | |
(b) conservation area consent, | |
made by or on behalf of the Crown. | |
(2) The Scottish Ministers may by regulations modify or exclude any | 15 |
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 In the Scottish hazardous substances Act, section 32 (application for | 20 |
hazardous substances consent in anticipation of disposal of Crown land) is | |
omitted. | |
13 Before section 33 of that Act there is inserted— | |
“32A Applications for hazardous substances consent by Crown | |
(1) This section applies to an application for hazardous substances | 25 |
consent made by or on behalf of the Crown. | |
(2) The Scottish Ministers may by regulations modify or exclude any | |
statutory provision relating to the making and determination of such | |
applications. | |
(3) A statutory provision is a provision contained in or having effect | 30 |
under any enactment.”. | |
Rights of entry | |
14 After section 270 of the principal Scottish Act (supplementary provisions as | |
to rights of entry) there is inserted the following section— | |
“270A Rights of entry: Crown land | 35 |
(1) Section 269 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— | 40 |
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