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(c) the making of an application. | |
(6) A step taken for the purposes of enforcement does not include— | |
(a) service of a notice; | |
(b) the making of an order (other than by a court). | |
30D References to an interest in land | 5 |
(1) Subsection (2) applies to the extent that an interest in land is a Crown | |
interest or a Duchy interest. | |
(2) Anything which requires or is permitted to be done by or in relation to | |
the owner of the interest in land must be done by or in relation to the | |
appropriate authority. | 10 |
(3) An interest in land includes an interest only as occupier of the land.” | |
Trees | |
80 Tree preservation orders affecting land where Forestry Commissioners | |
interested | |
(1) Section 200 of the principal Act (orders affecting land where Forestry | 15 |
Commissioners interested) is amended as follows. | |
(a) after paragraph (a) leave out “or”; | |
(b) after paragraph (b), there is inserted “or | |
(c) it has been placed at their disposal.”. | |
(2) In subsection (3), leave out from “in accordance with” to the end and insert— | 20 |
“(a) in accordance with a plan of operations or other working plan | |
approved by the Forestry Commissioners, and for the time | |
being in force, under a forestry dedication covenant or under | |
the conditions of a grant or loan made under section 1 of the | |
Forestry Act 1979; | 25 |
(b) by the Forestry Commissioners on land placed at their | |
disposal.” | |
(3) After subsection (4)(a)— | |
(a) leave out “and”; | |
(b) insert the following paragraph— | 30 |
“(ab) land placed at the disposal of the Forestry | |
Commissioners is land placed at their disposal under | |
the Forestry Act 1967;” | |
81 Trees in conservation areas: acts of Crown | |
After section 211(4) of the principal Act (preservation of trees in conservation | 35 |
areas) there are inserted the following subsections— | |
“(5) An emanation of the Crown must not, in relation to a tree to which this | |
section applies, do an act mentioned in subsection (1) above unless— | |
(a) the first condition is satisfied, and | |
(b) either the second or third condition is satisfied. | 40 |
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(6) The first condition is that the emanation serves notice of an intention to | |
do the act (with sufficient particulars to identify the tree) on the local | |
planning authority in whose area the tree is situated. | |
(7) The second condition is that the act is done with the consent of the | |
authority. | 5 |
(8) The third condition is that the act is done— | |
(a) after the end of the period of six weeks starting with the date of | |
the notice, and | |
(b) before the end of the period of two years starting with that | |
date.” | 10 |
Miscellaneous | |
82 Old mining permissions | |
(1) Subsection (2) applies if— | |
(a) an old mining permission relates to land which is Crown land, and | |
(b) the permission has not been registered in pursuance of Schedule 2 to | 15 |
the Planning and Compensation Act 1991. | |
(2) Section 22 of and Schedule 2 to that Act apply to the old mining permission | |
subject to the following modifications— | |
(a) in section 22(3) for “May 1, 1991” there is substituted “the date of | |
commencement of section 82(2) of the Planning and Compulsory | 20 |
Purchase Act 2003”; | |
(b) in paragraph 1(3) of Schedule 2 for “the day on which this Schedule | |
comes into force” there is substituted “the date of commencement of | |
section 82(2) of the Planning and Compulsory Purchase Act 2003”. | |
(3) Old mining permission must be construed in accordance with section 22 of the | 25 |
Planning and Compensation Act 1991. | |
(4) Crown land must be construed in accordance with Part 13 of the principal Act. | |
83 Subordinate legislation | |
(1) The Secretary of State may by order provide that relevant subordinate | |
legislation applies to the Crown. | 30 |
(2) The order may modify such subordinate legislation to the extent that the | |
Secretary of State thinks appropriate for the purposes of its application to the | |
Crown. | |
(3) Relevant subordinate legislation is an instrument which— | |
(a) is made under or (wholly or in part) for the purposes of any of the | 35 |
planning Acts, | |
(b) is made before the commencement of section 74 of this Act, and | |
(c) is specified in the order. | |
84 Crown application: transitional | |
Schedule 4 (which makes transitional provisions in consequence of the | 40 |
application to the Crown of the planning Acts) has effect. | |
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Chapter 2 | |
Scotland | |
Crown application | |
85 Crown application of Scottish planning Acts | |
(1) In Part 12 of the Town and Country Planning (Scotland) Act 1997, before | 5 |
section 242 (preliminary definitions for Part 12) there is inserted the following | |
section— | |
“241A Application to the Crown | |
(1) This Act binds the Crown. | |
(2) But subsection (1) is subject to express provision made by this Part.”. | 10 |
(2) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, | |
after section 73 (application of Act to land and works of planning authorities) | |
there is inserted the following section — | |
“73A Application to the Crown | |
(1) This Act (except the provisions specified in subsection (2)) binds the | 15 |
Crown. | |
(2) These are the provisions— | |
(a) section 8, | |
(b) section 10(3), | |
(c) section 19(7), | 20 |
(d) section 38(1) and (8), | |
(e) section 39, | |
(f) section 49, | |
(g) section 50, | |
(h) section 53, | 25 |
(i) section 77. | |
(3) But subsection (2)(a) does not have effect to prohibit the doing of | |
anything by or on behalf of the Crown which falls within the | |
circumstances described in section 8(3)(a) to (d) and the doing of that | |
thing does not contravene section 6.”. | 30 |
(3) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 | |
(application of Act to planning authorities) there is inserted the following | |
section— | |
“30A Application to the Crown | |
(1) This Act (except the provisions specified in subsection (2)) binds the | 35 |
Crown. | |
(2) The provisions are— | |
(a) section 6(3), | |
(b) section 21, | |
(c) section 25, | 40 |
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(d) section 34, | |
(e) section 35(2).”. | |
(4) Schedule 5 amends the Scottish planning Acts in relation to the application of | |
those Acts to the Crown. | |
National security | 5 |
86 Special provision for certain circumstances where disclosure of information | |
as to national security may occur: Scotland | |
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), there is inserted | |
after section 265 (local inquiries) the following section— | |
“265A Planning inquiries to be held in public subject to certain exceptions | 10 |
(1) This section applies to any inquiry held under section 265(1), paragraph | |
6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7. | |
(2) Subject to subsection (3), at any such inquiry oral evidence shall be | |
heard in public and documentary evidence shall be open to public | |
inspection. | 15 |
(3) If the Secretary of State is, or after consultation with the Secretary of | |
State the Scottish Ministers are, satisfied in the case of any such | |
inquiry— | |
(a) that giving evidence of a particular description or, as the case | |
may be, making it available for inspection would be likely to | 20 |
result in the disclosure of information as to any of the matters | |
mentioned in subsection (4), and | |
(b) that the public disclosure of that information would be contrary | |
to the national interest, | |
he or as the case may be they may direct that evidence of the description | 25 |
indicated in the direction shall only be heard or, as the case may be, | |
open to inspection at that inquiry by such persons, or persons of such | |
descriptions, as may be specified in the direction. | |
(4) The matters referred to in subsection (3)(a) are— | |
(a) national security, and | 30 |
(b) the measures taken, or to be taken, to ensure the security of any | |
premises or property. | |
(5) If the Secretary of State is, or the Scottish Ministers are, considering | |
giving a direction under subsection (3) the Lord Advocate may appoint | |
a person to represent the interests of any person who will be prevented | 35 |
from hearing or inspecting any evidence at a local inquiry if the | |
direction is given. | |
(6) A person appointed under subsection (5) must be a person of a category | |
mentioned in paragraph 1(a) or (b) of Schedule 4 to the Law Reform | |
(Miscellaneous Provisions) (Scotland) Act 1990 (c. 40). | 40 |
(7) By rules— | |
(a) the Secretary of State may make provision as to the procedure | |
to be followed by him before he gives a direction under | |
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subsection (3) in a case where a person has been appointed | |
under subsection (5), | |
(b) the Scottish Ministers may make provision as to the procedure | |
to be followed by them before they give such a direction in such | |
a case, | 5 |
and as to the functions of such a person. | |
(8) The power to make rules under— | |
(a) paragraph (a) of subsection (7) must be exercised by statutory | |
instrument subject to annulment in pursuance of a resolution of | |
either House of Parliament, | 10 |
(b) paragraph (b) of that subsection must be exercised by statutory | |
instrument subject to annulment in pursuance of a resolution of | |
the Scottish Parliament.”. | |
(2) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) | |
(Scotland) Act 1997 (determination of certain appeals by person appointed by | 15 |
the Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted | |
the following sub-paragraph— | |
“(7) Subsections (2) to (8) of section 265A of the principal Act apply to an | |
inquiry held under this paragraph as they apply to an inquiry held | |
under section 265 of that Act.”. | 20 |
(3) In the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 | |
(determination of certain appeals by person appointed by Scottish Ministers), | |
in paragraph 6, after sub-paragraph (6) there is inserted the following sub- | |
paragraph— | |
“(7) Subsections (2) to (8) of section 265A of the principal Act apply to an | 25 |
inquiry held under this paragraph as they apply to an inquiry held | |
under section 265 of that Act.”. | |
Urgent development and works | |
87 Urgent Crown development: Scotland | |
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), before section 243 | 30 |
(control of development on Crown land: special enforcement notices) there is | |
inserted the following section— | |
“242A Urgent Crown development: application | |
(1) This section applies to a development if the appropriate authority | |
certifies— | 35 |
(a) that the development is of national importance, and | |
(b) that it is necessary that the development is carried out as a | |
matter of urgency. | |
(2) The appropriate authority may, instead of making an application for | |
planning permission to the planning authority in accordance with Part | 40 |
3, make an application for planning permission to the Scottish | |
Ministers under this section. | |
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(3) If the appropriate authority proposes to make the application to the | |
Scottish Ministers, it must publish in one or more newspapers | |
circulating in the locality of the proposed development a notice— | |
(a) describing the proposed development, and | |
(b) stating that the authority proposes to make the application to | 5 |
the Scottish Ministers. | |
(4) For the purposes of an application under this section the appropriate | |
authority must provide to the Scottish Ministers— | |
(a) any matter required to be provided by an applicant for planning | |
permission in pursuance of regulations made under section 40, | 10 |
(b) a statement of the authority’s grounds for making the | |
application. | |
(5) If the appropriate authority makes an application under this section | |
subsections (6) to (10) below apply. | |
(6) The Scottish Ministers may require the authority to provide them with | 15 |
such further information as they think necessary to enable them to | |
determine the application. | |
(7) As soon as practicable after they are provided with any document or | |
other matter in pursuance of subsection (4) or (6) the Scottish Ministers | |
must make a copy of the document or other matter available for | 20 |
inspection by the public in the locality of the proposed development. | |
(8) The Scottish Ministers must in accordance with such requirements as | |
may be prescribed publish notice of the application and of the fact that | |
such documents and other material are available for inspection. | |
(9) The Scottish Ministers must consult— | 25 |
(a) the planning authority, and | |
(b) such other persons as may be prescribed, | |
about the application. | |
(10) Subsections (4) to (7) of section 46 apply to an application under this | |
section as they apply to an application in respect of which a direction | 30 |
under section 46 has effect.”. | |
(2) In section 237 of that Act, (validity of certain matters) in subsection (3) at the | |
end there is added the following paragraph— | |
“(i) any decision on an application for planning permission under | |
section 242A.”. | 35 |
88 Urgent works relating to Crown land: Scotland | |
(1) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 | |
(c. 9), after section 73A (inserted by section 85(2)) there is inserted the following | |
section— | |
“73B Urgent works relating to Crown land: application | 40 |
(1) This section applies to any works proposed to be executed in | |
connection with any building which is on Crown land if the | |
appropriate authority certifies— | |
(a) that the works are of national importance, and | |
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(b) that it is necessary that the works are carried out as a matter of | |
urgency. | |
(2) The appropriate authority may, instead of making an application for | |
consent to the planning authority in accordance with this Act, make an | |
application for consent to the Scottish Ministers under this section. | 5 |
(3) If the appropriate authority proposes to make the application to the | |
Scottish Ministers it must publish in one or more newspapers | |
circulating in the locality of the building a notice— | |
(a) describing the proposed works, and | |
(b) stating that the authority proposes to make the application to | 10 |
the Scottish Ministers. | |
(4) For the purposes of an application under this section the appropriate | |
authority must provide to the Scottish Ministers a statement of the | |
authority’s grounds for making the application. | |
(5) If the appropriate authority makes an application under this section | 15 |
subsections (6) to (10) below apply. | |
(6) The Scottish Ministers may require the authority to provide them with | |
such further information as they think necessary to enable them to | |
determine the application. | |
(7) As soon as practicable after they are provided with any document or | 20 |
other matter in pursuance of subsection (4) or (6) the Scottish Ministers | |
must make a copy of the document or other matter available for | |
inspection by the public in the locality of the proposed development. | |
(8) The Scottish Ministers must in accordance with such requirements as | |
may be prescribed publish notice of the application and of the fact that | 25 |
such documents and other material are available for inspection. | |
(9) The Scottish Ministers must consult— | |
(a) the planning authority, and | |
(b) such other persons as may be prescribed, | |
about the application. | 30 |
(10) Subsections (4) and (5) of section 11 apply to an application under this | |
section as they apply to an application in respect of which a direction | |
under section 11 has effect.”. | |
(2) In section 57 of that Act (validity of certain matters), in subsection (2) at the end | |
there is added the following paragraph— | 35 |
“(d) any decision on an application for listed building consent under | |
section 73A.”. | |
Enforcement | |
89 Enforcement in relation to Crown land: Scotland | |
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245 | 40 |
(exercise of powers in relation to Crown land) is omitted. | |
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