Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Schedule 3 — Crown application
102

(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
acting jointly;
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
whose decision is final.
(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
department;
(c)
such other interest as the Secretary of State specifies by
order;”
45
      (4)
In subsection (5) after paragraph (a) there is inserted the following

Planning and Compulsory Purchase Bill
Schedule 3 — Crown application
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paragraph—
“(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
paragraphs—
“(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
acting jointly;
(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
instrument.
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
paragraph.
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
applications.
(3)
A statutory provision is a provision contained in or having effect
under any enactment.”
      (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)
of that section.

Planning and Compulsory Purchase Bill
Schedule 3 — Crown application
104

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
Crown
(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
applications.
(3)
A statutory provision is a provision contained in or having effect
10
under any enactment.”
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
applications.
(3)
A statutory provision is a provision contained in or having effect
20
under any enactment.”
      (2)
Section 32 of the hazardous substances Act is omitted.
Rights of entry
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
modifications.
(2)
A person must not enter Crown land unless he has the relevant
permission.
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
section 293(2).”
14
After section 88B of the listed buildings Act (rights of entry: supplementary

Planning and Compulsory Purchase Bill
Schedule 3 — Crown application
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provisions) there is inserted the following section—
“88C
Rights of entry: Crown land
(1)
Section 88 applies to Crown land subject to the following
modifications.
(2)
A person must not enter Crown land unless he has the relevant
5
permission.
(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
ignored.
(5)
Section 88B does not apply to anything done by virtue of this section.
(6)
“Appropriate authority” must be construed in accordance with
section 82C(6).”
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
modifications.
20
(2)
A person must not enter Crown land unless he has the relevant
permission.
(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
section 31(5).”
Service of notices
30
16
After section 329 of the principal Act (service of notices) there is inserted the
following section—
“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
notice or document.
(3)
“Appropriate authority” must be construed in accordance with
section 293(2).”

Planning and Compulsory Purchase Bill
Schedule 3 — Crown application
106

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
private interest.
(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,
or
(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
land) are omitted.
      (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
(4)(b) of that section.
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
Hazardous substances
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
subsection—
“(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

Planning and Compulsory Purchase Bill
Schedule 4 — Transitional provisions: Crown application
Part 1 — The principal Act
107

      (3)
After the entry relating to section 330 there is inserted—

“section 330A(1) to (4) (information as to interests in Crown land)”.
Miscellaneous
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
omitted.
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
or”.
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
of this paragraph.
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.
Schedule 4
Section 84

Transitional provisions: Crown application
25
Part 1
The principal Act
Introduction
1
This Part applies to a development if—
(a)
it is a development for which before the relevant date no planning
30
permission is required,
(b)
it is not a development or of a description of development for which
planning permission is granted by virtue of a development order,
and
(c)
before the relevant date proposed development notice had been
35
given to the local planning authority.
2
In this Part—
(a)
the relevant date is the date of commencement of section 74(1);

Planning and Compulsory Purchase Bill
Schedule 4 — Transitional provisions: Crown application
Part 1 — The principal Act
108

(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
behalf of the Crown;
(c)
the developer is the Crown or a person acting on behalf of the
5
Crown.
Acceptable development
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 of the principal Act.
      (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
development notices.
      (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
Referred proposals
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
State.
      (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
State.
      (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
Pending proposals
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.