|
| |
|
(c) | the making of an application. |
| |
(6) | A step taken for the purposes of enforcement does not include— |
| |
| |
(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 |
| |
| 10 |
(3) | An interest in land includes an interest only as occupier of the land.” |
| |
| |
80 | Tree preservation orders affecting land where Forestry Commissioners |
| |
| |
(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.”. |
| 20 |
(3) | In subsection (3), leave out from “in accordance with” to the end and insert— |
| |
“(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 |
| 25 |
| |
(b) | by the Forestry Commissioners on land placed at their |
| |
| |
(4) | After subsection (4)(a)— |
| |
| 30 |
(b) | insert the following paragraph— |
| |
“(ab) | land placed at the disposal of the Forestry |
| |
Commissioners is land placed at their disposal under |
| |
| |
81 | Trees in conservation areas: acts of Crown |
| 35 |
After section 211(4) of the principal Act (preservation of trees in conservation |
| |
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 |
| 40 |
(b) | either the second or third condition is satisfied. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(b) | before the end of the period of two years starting with that |
| |
| 10 |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
| |
| |
| |
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 |
| |
| |
“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 |
| |
(2) | These are the provisions— |
| |
| |
| |
| 20 |
(d) | section 38(1) and (8), |
| |
| |
| |
| |
| 25 |
| |
(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 |
| |
| |
“30A | Application to the Crown |
| |
(1) | This Act (except the provisions specified in subsection (2)) binds the |
| 35 |
| |
| |
| |
| |
| 40 |
|
| |
|
| |
|
| |
| |
(4) | Schedule 5 amends the Scottish planning Acts in relation to the application of |
| |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | the Secretary of State may make provision as to the procedure |
| |
to be followed by him before he gives a direction under |
| |
|
| |
|
| |
|
subsection (3) in a case where a person has been appointed |
| |
| |
(b) | the Scottish Ministers may make provision as to the procedure |
| |
to be followed by them before they give such a direction in such |
| |
| 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- |
| |
| |
“(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 |
| |
| 35 |
(a) | that the development is of national importance, and |
| |
(b) | that it is necessary that the development is carried out as a |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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, |
| |
| |
(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 |
| |
| 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 |
| |
| |
“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 |
| |
|
| |
|
| |
|
(b) | that it is necessary that the works are carried out as a matter of |
| |
| |
(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 |
| |
(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, |
| |
| 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 |
| |
| |
| |
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. |
| |
|
| |
|