Planning and Compulsory Purchase Bill

House of Lords

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
112

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
113

      (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 87

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 77(1);

Planning and Compulsory Purchase Bill
Schedule 4 — Transitional provisions: Crown application
Part 1 — The principal Act
114

(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.

Planning and Compulsory Purchase Bill
Schedule 4 — Transitional provisions: Crown application
Part 2 — The listed buildings Act
115

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 77(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
15
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.
25
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
116

      (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 88

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.
20
(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.
25
(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
30
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.”.
35
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
117

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
10
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
20
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
25
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—