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 5 — Crown application: Scotland
113

“73C
Expressions relating to the Crown
(1)
Expressions relating to the Crown must be construed in accordance
with this section.
(2)
Crown land is land in which there is a Crown interest.
(3)
A Crown interest is any of the following—
5
(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
department,
10
(c)
such other interest as the Scottish Ministers specify by order.
(4)
A private interest is an interest which is not a Crown interest.
(5)
The appropriate authority in relation to any land is—
(a)
in the case of land belonging to Her Majesty in right of the
Crown and forming part of the Crown Estate, the Crown
15
Estate Commissioners,
(b)
in relation to any other land belonging to Her Majesty in right
of the Crown, the government department having the
management of the land,
(c)
in relation to land belonging to Her Majesty in right of Her
20
private estates, a person appointed by Her Majesty in writing
under the Royal Sign Manual or, if no such appointment is
made, the Scottish Ministers,
(d)
in the case of land belonging to a government department or
held in trust for Her Majesty for the purposes of a
25
government department, the department.
(6)
If any question arises as to what authority is the appropriate
authority in relation to any land it must be referred to the Scottish
Ministers, whose decision is final.
(7)
For the purpose of an application for listed building consent made by
30
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.
(8)
The reference to Her Majesty’s private estates must be construed in
35
accordance with section 1 of the Crown Private Estates Act 1862
(c. 37).
(9)
An order made for the purposes of paragraph (c) of subsection (3)
must be made by statutory instrument.
(10)
But no such order may be made unless a draft of it has been laid
40
before and approved by resolution of the Scottish Parliament.
(11)
This section applies for the purposes of this Act.”.
8     (1)
In the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (referred
to in this Schedule as the “Scottish hazardous substances Act”, section 31

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
114

(exercise of powers in relation to Crown land) is amended as follows.
      (2)
Subsections (1) and (2) are omitted.
      (3)
In subsection (3) for the definition of “Crown interest” there is substituted
the following definition—
““Crown interest” means any of the following—
5
(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
department,
10
(c)
such other interest as the Scottish Ministers specify by order.
      (4)
In subsection (5) after paragraph (b) there is inserted the following
paragraph—
“(ba)
in relation to land belonging to Her Majesty in right of Her
15
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,”.
      (5)
After subsection (6) there are inserted the following subsections—
“(7)
References to Her Majesty’s private estates must be construed in
20
accordance with section 1 of the Crown Private Estates Act 1862
(c. 37).
(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.
25
(9)
But no such order may be made unless a draft of it has been laid
before and approved by resolution of the Scottish Parliament.”.
Special enforcement notices
9     (1)
Sections 243 and 244 of the principal Scottish Act (control of development on
Crown land: special enforcement notices) are omitted.
30
      (2)
But the repeal of sections 243 and 244 does not affect their operation in
relation to development carried out before the commencement of this
paragraph.
Applications for planning permission, etc.
10    (1)
In the principal Scottish Act, after section 247 (supplementary provision as
35
to Crown interest) there is inserted the following section—
“247A
Applications for planning permission by Crown
(1)
This section applies to an application for planning permission or for
a certificate under section 151 made by or on behalf of the Crown.
(2)
The Scottish Ministers may by regulations modify or exclude any
40
statutory provision relating to the making and determination of such
applications.

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
115

(3)
A statutory provision is a provision contained in or having effect
under any enactment.”.
      (2)
Section 248 (application for planning permission etc. in anticipation of
disposal of Crown land) is omitted.
      (3)
The repeal of that section does not affect any requirement made in
5
pursuance of regulations made under subsection (5)(b) of that section.
11
After section 73E of the Scottish listed buildings Act (inserted by section
89(4)) there is inserted the following section—
“73F
Applications for listed building or conservation area consent by
Crown
10
(1)
This section applies to an application for—
(a)
listed building consent, or
(b)
conservation area consent,
made by or on behalf of the Crown.
(2)
The Scottish Ministers may by regulations modify or exclude any
15
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.”.
12
In the Scottish hazardous substances Act, section 32 (application for
20
hazardous substances consent in anticipation of disposal of Crown land) is
omitted.
13
Before section 33 of that Act there is inserted—
“32A
Applications for hazardous substances consent by Crown
(1)
This section applies to an application for hazardous substances
25
consent made by or on behalf of the Crown.
(2)
The Scottish Ministers 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
30
under any enactment.”.
Rights of entry
14
After section 270 of the principal Scottish Act (supplementary provisions as
to rights of entry) there is inserted the following section—
“270A
   Rights of entry: Crown land
35
(1)
Section 269 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—
40

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
116

(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

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
117

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

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland
118

(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.”.

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts
119

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