Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Schedule 4 — Transitional provisions: Crown application
Part 2 — The listed buildings Act
109

Part 2
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
5
consent is required, and
(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);
10
(b)
proposed works notice is notice of a proposal for works given by the
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
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Crown.
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)
20
find the proposed works acceptable.
      (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.
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10    (1)
This paragraph applies if before the relevant date the local planning
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.
30
Referred proposals
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
35
(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
40
works acceptable subject to conditions, and
(b)
the matter has been referred to but not decided by the Secretary of
State.

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
110

      (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—
5
(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.
10
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
15
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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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)

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
111

there is inserted the following section—
“28A
Purchase notices: Crown land
(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
5
building 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.
(3)
The appropriate authority may serve a listed building purchase
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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
interest is equal to (and, in default of agreement, determined in the
15
same manner as) the compensation which would be payable in
respect of it if it were acquired in pursuance of a listed building
purchase notice.”.
Compulsory acquisition
3     (1)
In the principal Scottish Act, section 189 (compulsory acquisition of land for
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development and other planning purposes) is amended as follows.
      (2)
After subsection (2) there is inserted the following subsection—
“(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
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than by or on behalf of the Crown, and
(b)
the appropriate authority consents to the acquisition.”.
      (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
30
for the Environment) is amended as follows.
      (2)
After subsection (1) there is inserted the following subsection—
“(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
35
than by or on behalf of the Crown, and
(b)
the appropriate authority consents to the acquisition.”.
      (3)
After subsection (7) there is added the following subsection—
“(8)
Crown land must be construed in accordance with Part 12.”.
5     (1)
In the Scottish listed buildings Act, section 42 (compulsory acquisition of
40
listed building in need of repair) is amended as follows.
      (2)
After subsection (6) there is inserted the following subsection—

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
112

“(6A)
This section 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.”.
5
Definitions
6     (1)
In the principal Scottish Act, section 242 (preliminary definitions) is
amended as follows.
      (2)
In subsection (1) for the definition of “Crown interest” there is substituted
the following definition—
10

““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;”.
      (3)
In subsection (2) after paragraph (b) there is inserted the following
paragraph—
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“(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;”.
      (4)
After subsection (2) there is inserted the following subsection—
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“(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
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.”.
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      (5)
After subsection (3) there is inserted the following subsection—
“(3A)
References to Her Majesty’s private estates must be construed in
accordance with section 1 of the Crown Private Estates Act 1862
(c. 37).”.
      (6)
After subsection (4) there are inserted the following subsections—
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“(5)
An order made for the purposes of paragraph (c) of the definition of
Crown interest in subsection (1) must be made by statutory
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.”.
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7
In the Scottish listed buildings Act, after section 73B (inserted by section
88(1)), there is inserted the following section—