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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Schedule 4 — Transitional provisions: Crown application
Part 2 — The listed buildings Act

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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

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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

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              (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

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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.

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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.

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          (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

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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

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  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

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State.

          (2)      This paragraph also applies if—

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

    110

 

              (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.

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          (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—

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              (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.

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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

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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.

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              (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.

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              (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

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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.”.

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Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

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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

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              (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

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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,

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                    (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

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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—

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              “(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—

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              “(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.”.

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          (3)      After subsection (7) there is added the following subsection—

              “(8)                Crown land must be construed in accordance with Part 12.”.

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

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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—

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                    (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

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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

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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

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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

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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

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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

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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.”.

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

    113

 

  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

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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—

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                    (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

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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,

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                    (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

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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

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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)

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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

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Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

    114

 

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

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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—

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              “(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.

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  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.

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              (2)             The Scottish Ministers may by regulations modify or exclude any

statutory provision relating to the making and determination of such

applications.

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

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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

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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

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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

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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

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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

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              (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—

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