|
| |
|
(e) | in relation to land belonging to the Duchy of Cornwall, such |
| |
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 |
| 5 |
government department, the department; |
| |
(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 |
| |
| 10 |
(h) | in relation to Her Majesty’s Robing Room in the Palace of |
| |
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, |
| 15 |
| |
(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 |
| 20 |
person who makes the application. |
| |
(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 |
| 25 |
subsection (6)(g) and (h).” |
| |
(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. |
| 30 |
(12) | 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.” |
| |
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. |
| 35 |
(3) | In subsection (3) 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 |
| |
or in right of Her private estates; |
| 40 |
(b) | an interest belonging to a government department or held |
| |
in trust for Her Majesty for the purposes of a government |
| |
| |
(c) | such other interest as the Secretary of State specifies by |
| |
| 45 |
(4) | In subsection (5) after paragraph (a) there is inserted the following |
| |
|
| |
|
| |
|
| |
“(aa) | 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 Secretary of State;” |
| 5 |
(5) | In subsection (5) after paragraph (d) there are inserted the following |
| |
| |
“(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 |
| 10 |
| |
(f) | in relation to Her Majesty’s Robing Room in the Palace of |
| |
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— |
| 15 |
“(7) | References to Her Majesty’s private estates must be construed in |
| |
accordance with section 1 of the Crown Private Estates Act 1862. |
| |
(8) | An order made for the purposes of paragraph (c) of the definition of |
| |
Crown interest in subsection (3) must be made by statutory |
| |
| 20 |
(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.” |
| |
Special enforcement notices |
| |
9 (1) | Sections 294 and 295 of the principal Act (control of development on Crown |
| |
land: special enforcement notices) are omitted. |
| 25 |
(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 |
| |
| |
Applications for planning permission, etc. |
| |
10 (1) | After section 298 of the principal Act (supplementary provision as to Crown |
| 30 |
and Duchy interests) there is inserted the following section— |
| |
| “298A Applications for planning permission by Crown |
| |
(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 |
| 35 |
statutory provision relating to the making and determination of such |
| |
| |
(3) | A statutory provision is a provision contained in or having effect |
| |
| |
(2) | Section 299 of the principal Act is omitted. |
| 40 |
(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) |
| |
| |
|
| |
|
| |
|
11 | After section 82E of the listed buildings Act (inserted by section 79) there is |
| |
inserted the following section— |
| |
| “82F Applications for listed building or conservation area consent by |
| |
| |
(1) | This section applies to an application for listed building consent or |
| 5 |
conservation area consent 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 |
| |
| |
(3) | A statutory provision is a provision contained in or having effect |
| 10 |
| |
12 (1) | After section 32A of the hazardous substances Act (inserted by paragraph 2 |
| |
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 |
| 15 |
consent 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 |
| |
| |
(3) | A statutory provision is a provision contained in or having effect |
| 20 |
| |
(2) | Section 32 of the hazardous substances Act is omitted. |
| |
| |
13 | After section 325 of the principal Act (supplementary provisions as to rights |
| |
of entry) there is inserted the following section— |
| 25 |
“325A | Rights of entry: Crown land |
| |
(1) | Section 324 applies to Crown land subject to the following |
| |
| |
(2) | A person must not enter Crown land unless he has the relevant |
| |
| 30 |
(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) | In subsection (8) the words “Subject to section 325” must be ignored. |
| 35 |
(5) | Section 325 does not apply to anything done by virtue of this section. |
| |
(6) | “Appropriate authority” must be construed in accordance with |
| |
| |
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 |
| |
(1) | Section 88 applies to Crown land subject to the following |
| |
| |
(2) | A person must not enter Crown land unless he has the relevant |
| 5 |
| |
(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. |
| 10 |
(4) | In subsection (6) the words “Subject to section 88B(8)” must be |
| |
| |
(5) | Section 88B does not apply to anything done by virtue of this section. |
| |
(6) | “Appropriate authority” must be construed in accordance with |
| |
| 15 |
15 | After section 36B of the hazardous substances Act (rights of entry: |
| |
supplementary provisions) there is inserted the following section— |
| |
“36C | Rights of entry: Crown land |
| |
(1) | Section 36 applies to Crown land subject to the following |
| |
| 20 |
(2) | A person must not enter Crown land unless he has the relevant |
| |
| |
(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 |
| 25 |
(b) | the appropriate authority. |
| |
(4) | Section 36B does not apply to anything done by virtue of this section. |
| |
(5) | “Appropriate authority” must be construed in accordance with |
| |
| |
| 30 |
16 | After section 329 of the principal Act (service of notices) there is inserted the |
| |
| |
“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. |
| 35 |
(2) | Section 329 does not apply for the purposes of the service of such a |
| |
| |
(3) | “Appropriate authority” must be construed in accordance with |
| |
| |
|
| |
|
| |
|
Information as to interests in land |
| |
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 |
| 5 |
| |
(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. |
| 10 |
(4) | The appropriate authority must comply with a request under |
| |
subsection (3) except to the extent— |
| |
(a) | that the matter is not within the knowledge of the authority, |
| |
| |
(b) | that to do so will disclose information as to any of the matters |
| 15 |
mentioned in section 321(4). |
| |
(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 |
| 20 |
| |
(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 |
| |
| |
19 (1) | Section 89(1) of the listed buildings Act (application of certain general |
| 25 |
provisions of 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— |
| |
| “section 330A(1) to (4) (information as to interests in Crown land)”. |
| 30 |
| |
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 |
| |
| |
“(3) | This section does not apply if the control of land changes from one |
| 35 |
emanation of the Crown to another.” |
| |
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)”. |
| 40 |
|
| |
|
| |
|
(3) | After the entry relating to section 330 there is inserted— |
| |
| “section 330A(1) to (4) (information as to interests in Crown land)”. |
| |
| |
22 | Section 293(4) of the principal Act (certain persons treated as having an |
| |
interest in Crown land) is omitted. |
| 5 |
23 | Section 297 of the principal Act (agreements relating to Crown land) is |
| |
| |
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. |
| 10 |
(3) | In subsection (3) after “in which there is” there is inserted “a Crown interest |
| |
| |
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. |
| 15 |
(2) | But the repeal of section 300 does not affect its operation in relation to a tree |
| |
preservation order made by virtue of that section before the commencement |
| |
| |
27 (1) | Section 301 of the principal Act (requirement of planning permission for |
| |
continuance of use instituted by the Crown) is omitted. |
| 20 |
(2) | But the repeal of section 301 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. |
| |
| |
| |
Transitional provisions: Crown application |
| 25 |
| |
| |
| |
1 | This Part applies to a development if— |
| |
(a) | it is a development for which before the relevant date no planning |
| 30 |
| |
(b) | it is not a development or of a description of development for which |
| |
planning permission is granted by virtue of a development order, |
| |
| |
(c) | before the relevant date proposed development notice had been |
| 35 |
given to the local planning authority. |
| |
| |
(a) | the relevant date is the date of commencement of section 74(1); |
| |
|
| |
|
| |
|
(b) | proposed development notice is notice of a proposal for |
| |
development given by the developer in pursuance of arrangements |
| |
made by the Secretary of State in relation to development by or on |
| |
| |
(c) | the developer is the Crown or a person acting on behalf of the |
| 5 |
| |
| |
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) |
| 10 |
find the proposed development acceptable. |
| |
(2) | The notice must be treated as if it is planning permission granted under Part |
| |
| |
(3) | If the notice is subject to conditions the conditions have effect as if they are |
| |
conditions attached to the planning permission. |
| 15 |
4 (1) | This paragraph applies if before the relevant date the local planning |
| |
authority have in pursuance of the arrangements kept a register of proposed |
| |
| |
(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. |
| 20 |
| |
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 |
| 25 |
(b) | the matter has been referred to but not decided by the Secretary of |
| |
| |
(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 |
| 30 |
development acceptable subject to conditions, and |
| |
(b) | the matter has been referred to but not decided by the Secretary of |
| |
| |
(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. |
| 35 |
| |
6 (1) | This paragraph applies if before the relevant date— |
| |
(a) | proposed development notice has been given, but |
| |
(b) | the local planning authority have not given notice to the developer |
| |
as mentioned in paragraph 3 or 5. |
| 40 |
(2) | The principal Act applies as if the proposal is an application for planning |
| |
permission duly made under Part 3 of that Act. |
| |
|
| |
|