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(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 270” must be ignored. | |
(5) Section 270 does not apply to anything done by virtue of this section. | 5 |
(6) “Appropriate authority” must be construed in accordance with | |
section 242.”. | |
15 After section 78 of the Scottish listed buildings Act (rights of entry: | |
supplementary provisions) there is inserted the following section— | |
“78A Rights of entry: Crown land | 10 |
(1) Section 76 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— | 15 |
(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 “and 78” must be ignored. | |
(5) Section 78 does not apply to anything done by virtue of this section. | 20 |
(6) “Appropriate authority” must be construed in accordance with | |
section 73D.”. | |
16 After section 35 of the Scottish hazardous substances Act (rights of entry: | |
supplementary provisions) there is inserted the following section— | |
“35A Rights of entry: Crown land | 25 |
(1) Section 33 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— | 30 |
(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 (5), the words “and 35” must be ignored. | |
(5) Section 35 does not apply to anything done by virtue of this section. | 35 |
(6) “Appropriate authority” must be construed in accordance with | |
section 31(5).”. | |
Service of notices | |
17 After section 271 of the principal Scottish Act (service of notices) there is | |
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inserted the following section— | |
“271A 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. | |
(2) Section 271 does not apply for the purposes of the service of such a | 5 |
notice or document. | |
(3) “Appropriate authority” must be construed in accordance with | |
section 242.”. | |
Information as to interests in land | |
18 In the principal Scottish Act, after section 272 (power to require information | 10 |
as to interests in land) there is inserted the following section— | |
“272A Information as to interests in Crown land | |
(1) This section applies to an interest in Crown land which is not a | |
private interest. | |
(2) Section 272 does not apply to an interest to which this section applies. | 15 |
(3) For a purpose mentioned in section 272(1) the Scottish Ministers may | |
request the appropriate authority to give them such information as | |
to the matters mentioned in section 272(2) as they specify in the | |
request. | |
(4) The appropriate authority must comply with a request under | 20 |
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 265A(4). | 25 |
(5) Expressions used in this section and in Part 12 (Crown Land) must | |
be construed in accordance with that Part.”. | |
Listed buildings and conservation areas | |
19 (1) In the Scottish listed buildings Act, sections 74 and 75 (provisions relating to | |
Crown land) are omitted. | 30 |
(2) The repeal of section 75 does not affect any requirement made in pursuance | |
of regulations made under subsection (4)(b) of that section. | |
20 (1) In the Scottish listed buildings Act, section 79 (application of certain general | |
provisions of the principal Scottish Act) is amended as follows. | |
(2) In subsection (1)— | 35 |
(a) after the entry relating to section 265 there is inserted— | |
“section 265A (planning inquiries to be held in public subject to | |
certain exceptions),”, | |
(b) after the entry relating to section 271 there is inserted— | |
“section 271A(1) and (2) (service of notices on the Crown),”, and | 40 |
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(c) after the entry relating to section 272 there is inserted— | |
“section 272A(1) to (4) (information as to interests in Crown | |
land),”. | |
(3) After subsection (2) there is inserted the following subsection— | |
“(3) In the application of section 265A of the principal Act for the | 5 |
purposes of this Act, the provisions mentioned in subsection (1) of | |
the section shall be construed as including any inquiry held by virtue | |
of this section.”. | |
Hazardous substances | |
21 In the Scottish hazardous substances Act, in section 15 (revocation of consent | 10 |
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 the land changes from | |
one emanation of the Crown to another.”. | |
22 (1) In the Scottish hazardous substances Act, section 36 (application of certain | 15 |
general provisions of the principal Scottish Act) is amended as follows— | |
(a) after the entry relating to section 265 there is inserted— | |
“section 265A (planning inquiries to be held in public subject to | |
certain exceptions),”, | |
(b) after the entry relating to section 271 there is inserted— | 20 |
“section 271A(1) to (2) (service of notices on the Crown),”, and | |
(c) after the entry relating to section 272 there is inserted— | |
“section 272A(1) to (4) (information as to interests in Crown | |
land),”. | |
(2) The existing provision as so amended becomes subsection (1), and after that | 25 |
subsection there is added— | |
“(2) In the application of section 265A of the principal Act for the | |
purposes of this Act, the provisions mentioned in subsection (1) of | |
the section shall be construed as including any inquiry held by virtue | |
of this section.”. | 30 |
Miscellaneous | |
23 Section 242(4) of the principal Scottish Act (certain persons treated as having | |
an interest in Crown land) is omitted. | |
24 In the principal Scottish Act, for section 247 (supplementary provisions as to | |
Crown interest) there is substituted the following section— | 35 |
“247 Supplementary provisions as to Crown interest | |
Where, in accordance with an agreement under section 246, the | |
approval of a planning authority is required in respect of any | |
development of land in which there is a Crown interest, sections 78 | |
to 82 have effect in relation to the withholding of that approval, or | 40 |
the giving of it subject to conditions, as if it were a refusal of planning | |
permission, or, as the case may be, a grant of planning permission | |
subject to conditions.”. | |
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25 (1) In the principal Scottish Act, section 249 (tree preservation orders in | |
anticipation of disposal of Crown land) is omitted. | |
(2) But the repeal of section 249 does not affect its operation in relation to a tree | |
preservation order made by virtue of that section before the commencement | |
of this paragraph. | 5 |
26 (1) In the principal Scottish Act, section 250 (requirement of planning | |
permission for continuance of use instituted by the Crown) is omitted. | |
(2) But the repeal of section 250 does not affect its operation in relation to an | |
agreement made as mentioned in subsection (1) of that section before the | |
commencement of this paragraph. | 10 |
Schedule 6 | |
Section 110 | |
Amendments of the planning Acts | |
Town and Country Planning Act 1990 (c. 8) | |
1 The Town and Country Planning Act 1990 is amended as follows. | |
2 For section 69 there is substituted the following section— | 15 |
“69 Register of applications etc | |
(1) The local planning authority must keep a register containing such | |
information as is prescribed as to— | |
(a) applications for planning permission; | |
(b) requests for statements of development principles (within | 20 |
the meaning of section 61E); | |
(c) local development orders; | |
(d) simplified planning zone schemes. | |
(2) The register must contain— | |
(a) information as to the manner in which applications | 25 |
mentioned in subsection (1)(a) and requests mentioned in | |
subsection (1)(b) have been dealt with; | |
(b) such information as is prescribed with respect to any local | |
development order or simplified planning zone scheme in | |
relation to the authority’s area. | 30 |
(3) A development order may require the register to be kept in two or | |
more parts. | |
(4) Each part must contain such information as is prescribed relating to | |
the matters mentioned in subsection (1)(a) and (b). | |
(5) A development order may also make provision— | 35 |
(a) for a specified part of the register to contain copies of | |
applications or requests and of any other documents or | |
material submitted with them; | |
(b) for the entry relating to an application or request (and | |
everything relating to it) to be removed from that part of the | 40 |
register when the application (including any appeal arising | |
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out of it) or the request (as the case may be) has been finally | |
disposed of. | |
(6) Provision made under subsection (5)(b) does not prevent the | |
inclusion of a different entry relating to the application or request in | |
another part of the register. | 5 |
(7) The register must be kept in such manner as is prescribed. | |
(8) The register must be kept available for inspection by the public at all | |
reasonable hours. | |
(9) Anything prescribed under this section must be prescribed by | |
development order.” | 10 |
3 In section 71 (consultations relating to determination of planning | |
applications)— | |
(a) subsection (3) is omitted; | |
(b) in subsection (4) the definition of “site licence” is omitted. | |
4 Section 92 (outline planning permission) is omitted. | 15 |
5 In section 108 (compensation for refusal of planning permission formerly | |
granted by development order) after subsection (3) there is inserted the | |
following subsection— | |
“(3A) This section does not apply if— | |
(a) development authorised by planning permission granted by | 20 |
a development order or local development order is started | |
before the permission is withdrawn, and | |
(b) the order includes provision in pursuance of section 61D | |
permitting the development to be completed after the | |
permission is withdrawn.” | 25 |
6 (1) In section 245 (modification of incorporated enactments), subsections (2) | |
and (3) are omitted. | |
(2) The amendments made by sub-paragraph (1) do not apply to compulsory | |
purchase orders of which notice under section 11 of or, as the case may be, | |
paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published | 30 |
before commencement of this paragraph. | |
7 In section 284(1) (restriction on challenge to validity of certain documents), | |
paragraph (a) is omitted. | |
8 (1) Section 287 (procedure for questioning the validity of certain matters) is | |
amended as follows. | 35 |
(2) For subsections (1) to (3) there are substituted the following subsections— | |
“(1) This section applies to— | |
(a) a simplified planning zone scheme or an alteration of such a | |
scheme; | |
(b) an order under section 247, 248, 249, 251, 257, 258 or 277, | 40 |
and anything falling within paragraphs (a) and (b) is referred to in | |
this section as a relevant document. | |
(2) A person aggrieved by a relevant document may make an | |
application to the High Court on the ground that— | |
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(a) it is not within the appropriate power, or | |
(b) a procedural requirement has not been complied with. | |
(3) The High Court may make an interim order suspending the | |
operation of the relevant document— | |
(a) wholly or in part; | 5 |
(b) generally or as it affects the property of the applicant. | |
(3A) Subsection (3B) applies if the High Court is satisfied— | |
(a) that a relevant document is to any extent outside the | |
appropriate power; | |
(b) that the interests of the applicant have been substantially | 10 |
prejudiced by a failure to comply with a procedural | |
requirement. | |
(3B) The High Court may quash the relevant document— | |
(a) wholly or in part; | |
(b) generally or as it affects the property of the applicant. | 15 |
(3C) An interim order has effect until the proceedings are finally | |
determined. | |
(3D The appropriate power is— | |
(a) in the case of a simplified planning zone scheme or an | |
alteration of the scheme, Part III; | 20 |
(b) in the case of an order under section 247, 248, 249, 251, 257, | |
258 or 277, the section under which the order is made.” | |
(3) In subsection (5)— | |
(a) paragraph (a) is omitted; | |
(b) in each of paragraphs (b) to (e) the words “by virtue of subsection | 25 |
(3)” are omitted. | |
(4) Subsection (6) is omitted. | |
9 (1) Section 296 (exercise of powers in relation to Crown land) is amended as | |
follows. | |
(2) In subsection (1) for paragraph (a) there is substituted the following | 30 |
paragraph— | |
“(a) a document, plan or strategy specified in subsection (1A) | |
may include proposals relating to the use of Crown land;”. | |
(3) After subsection (1) there is inserted the following subsection— | |
“(1A) These are the documents, plans and strategies— | 35 |
(a) the regional spatial strategy (or a revision of it) within the | |
meaning of Part 1 of the Planning and Compulsory Purchase | |
Act 2003; | |
(b) a local development document (or a revision of it) adopted or | |
approved under Part 2 of that Act; | 40 |
(c) a local development plan (or a revision of it) adopted or | |
approved under Part 6 of that Act; | |
(d) the Mayor of London’s spatial development strategy (or any | |
alteration or replacement of it) published in pursuance of | |
section 337 of the Greater London Authority Act 1999.” | 45 |
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10 (1) Section 303A (recovery of costs of certain inquiries) is amended as follows. | |
(2) For subsection (1) there are substituted the following subsections— | |
“(1) This section applies if the appropriate authority appoints a person to | |
carry out or hold a qualifying procedure. | |
(1A) A qualifying procedure is— | 5 |
(a) an independent examination under section 19 or 59 of the | |
Planning and Compulsory Purchase Act 2003; | |
(b) a local inquiry or other hearing under paragraph 8(1)(a) of | |
Schedule 7; | |
(c) the consideration of objections under paragraph 8(1)(b) of | 10 |
that Schedule. | |
(1B) The appropriate authority is— | |
(a) the Secretary of State if the local planning authority causing | |
the procedure to be carried out or held is in England; | |
(b) the National Assembly for Wales if the local planning | 15 |
authority causing the procedure to be carried out or held is in | |
Wales. | |
(3) In each of subsections (2) to (6) and (10)(a) in each place where it occurs— | |
(a) for “Secretary of State” there is substituted “appropriate authority”; | |
(b) for “him” there is substituted “it”; | 20 |
(c) for “he” there is substituted “it”. | |
(4) In each of subsections (2), (4), (5) and (6) in each place where it occurs for | |
“inquiry” there is substituted “procedure”. | |
(5) In subsection (5) each of the following is omitted— | |
(a) “or appointed as one of the persons who are to hold it”; | 25 |
(b) “(in addition to what may be recovered by virtue of the appointment | |
of any other person)”; | |
(c) in paragraph (c), “(or, in a case where that person is appointed as one | |
of the persons who are to hold the qualifying inquiry, an appropriate | |
proportion of any costs attributable to the appointment of an | 30 |
assessor to assist those persons)”. | |
(6) Subsections (7) to (9) are omitted. | |
(7) Before subsection (10) there is inserted the following subsection— | |
“(9A) References to a local planning authority causing a qualifying inquiry | |
to be held include references to a requirement under the Planning | 35 |
and Compulsory Purchase Act 2003 on the authority to submit a plan | |
to the appropriate authority for independent examination.” | |
11 In section 306 (2) (local authorities and statutory undertakers may contribute | |
to certain costs of local planning authorities) for paragraph (a) there are | |
substituted the following paragraphs— | 40 |
“(a) any expenses incurred by a local planning authority for the | |
purposes of carrying out a review under section 12 or 56 of | |
the Planning and Compulsory Purchase Act 2003 (duty of | |
local planning authority to keep under review certain matters | |
affecting development); | 45 |
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