Planning and Compulsory Purchase Bill

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
56

(4)
If the Assembly acts under subsection (3) rules made by the Lord
Chancellor under section 321(7) do not have effect in relation to the
inquiry.
(5)
The Counsel General to the National Assembly for Wales is the person
appointed by the Assembly to be its chief legal adviser (whether or not
5
he is known by that title).
(6)
Section 333(3) does not apply to regulations made under subsection
(4).”
(2)
In Schedule 3 to the listed buildings Act (determination of certain appeals by
person appointed by the Secretary of State), after paragraph 7 there is inserted
10
the following paragraph—
“Local inquiries: Wales
8     (1)
This paragraph applies in relation to a local inquiry held in
pursuance of this Schedule if the matter in respect of which the
inquiry is to be held relates to Wales.
15
      (2)
The reference in paragraph 6(7A) to the Attorney General must be
read as a reference to the Counsel General to the National Assembly
for Wales.
      (3)
The Assembly may by regulations make provision as mentioned in
paragraph 6(7C) in connection with a local inquiry to which this
20
section applies.
      (4)
If the Assembly acts under sub-paragraph (3) rules made by the Lord
Chancellor under paragraph 6(7C) do not have effect in relation to
the inquiry.
      (5)
The Counsel General to the National Assembly for Wales is the
25
person appointed by the Assembly to be its chief legal adviser
(whether or not he is known by that title).
      (6)
Section 93(3) does not apply to regulations made under this
paragraph.”
(3)
In the Schedule to the hazardous substances Act, after paragraph 7 there is
30
inserted the following paragraph—
“Local inquiries: Wales
8     (1)
This paragraph applies in relation to a local inquiry held in
pursuance of this Schedule if the matter in respect of which the
inquiry is to be held relates to Wales.
35
      (2)
The reference in paragraph 6(7A) to the Attorney General must be
read as a reference to the Counsel General to the National Assembly
for Wales.
      (3)
The Assembly may by regulations make provision as mentioned in
paragraph 6(7C) in connection with a local inquiry to which this
40
section applies.
      (4)
If the Assembly acts under sub-paragraph (3) rules made by the Lord
Chancellor under paragraph 6(7C) do not have effect in relation to
the inquiry.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
57

      (5)
The Counsel General to the National Assembly for Wales is the
person appointed by the Assembly to be its chief legal adviser
(whether or not he is known by that title).
      (6)
Section 40(3) does not apply to regulations made under this
paragraph.
5
Urgent development and works
80
Urgent Crown development
(1)
Before section 294 of the principal Act (special enforcement notices in relation
to development on Crown land) there is inserted the following section—
“293A  Urgent Crown development: application
10
(1)
This section applies to a development if the appropriate authority
certifies—
(a)
that the development is of national importance, and
(b)
that it is necessary that the development is carried out as a
matter of urgency.
15
(2)
The appropriate authority may, instead of making an application for
planning permission to the local planning authority in accordance with
Part 3, make an application for planning permission to the Secretary of
State under this section.
(3)
If the appropriate authority proposes to make the application to the
20
Secretary of State 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
the Secretary of State.
25
(4)
For the purposes of an application under this section the appropriate
authority must provide to the Secretary of State—
(a)
any matter required to be provided by an applicant for planning
permission in pursuance of regulations made under section
71A;
30
(b)
a statement of the authority’s grounds for making the
application.
(5)
If the appropriate authority makes an application under this section
subsections (6) to (9) below apply.
(6)
The Secretary of State may require the authority to provide him with
35
such further information as he thinks necessary to enable him to
determine the application.
(7)
As soon as practicable after he is provided with any document or other
matter in pursuance of subsection (4) or (6) the Secretary of State must
make a copy of the document or other matter available for inspection
40
by the public in the locality of the proposed development.
(8)
The Secretary of State must in accordance with such requirements as
are contained in a development order publish notice of the application

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
58

and of the fact that such documents and other material are available for
inspection.
(9)
The Secretary of State must consult—
(a)
the local planning authority for the area to which the proposed
development relates, and
5
(b)
such other persons as are specified or described in a
development order,

about the application.
(10)
Subsection (7) does not apply to the extent that the document or other
matter is subject to a direction under section 321(3) (matters related to
10
national security).
(11)
Subsections (4) to (7) of section 77 apply to an application under this
section as they apply to an application in respect of which a direction
under section 77 has effect.”
(2)
In section 284 of the principal Act (validity of certain matters) in subsection (3)
15
at the end there is inserted the following paragraph—
“(i)
any decision on an application for planning permission under
section 293A.”
81
Urgent works relating to Crown land
(1)
After section 82A of the listed buildings Act (inserted by section 77(2)) there is
20
inserted the following section—
“82B  Urgent works relating to Crown land: application
(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—
25
(a)
that the works are of national importance, and
(b)
that it is necessary that the works are carried out as a matter of
urgency.
(2)
The appropriate authority may, instead of making an application for
consent to the local planning authority in accordance with this Act,
30
make an application for consent to the Secretary of State under this
section.
(3)
If the appropriate authority proposes to make the application to the
Secretary of State it must publish in one or more newspapers
circulating in the locality of the building a notice—
35
(a)
describing the proposed works, and
(b)
stating that the authority proposes to make the application to
the Secretary of State.
(4)
For the purposes of an application under this section the appropriate
authority must provide to the Secretary of State a statement of the
40
authority’s grounds for making the application.
(5)
If the appropriate authority makes an application under this section
subsections (6) to (9) below apply.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
59

(6)
The Secretary of State may require the authority to provide him with
such further information as he thinks necessary to enable him to
determine the application.
(7)
As soon as practicable after he is provided with any document or other
matter in pursuance of subsection (4) or (6) the Secretary of State must
5
make a copy of the document or other matter available for inspection
by the public in the locality of the proposed development.
(8)
The Secretary of State 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.
10
(9)
The Secretary of State must consult—
(a)
the local planning authority for the area to which the proposed
development relates, and
(b)
such other persons as may be prescribed,

about the application.
15
(10)
Subsection (7) does not apply to the extent that the document or other
matter is subject to a direction under paragraph 6(6) of Schedule 3
(matters related to national security).
(11)
Subsections (4) and (5) of section 12 apply to an application under this
section as they apply to an application in respect of which a direction
20
under section 12 has effect.”
(2)
In section 62 of the listed buildings Act (validity of certain matters) in
subsection (2) at the end there is inserted the following paragraph—
“(d)
any decision on an application for listed building consent under
section 82B.”.
25
Enforcement
82
Enforcement in relation to Crown land
(1)
Section 296 of the principal Act (exercise of powers in relation to Crown land)
is omitted.
(2)
After section 296 there are inserted the following sections—
30
“296A
Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
constitutes an offence under this Act.
(2)
A local planning authority must not take any step for the purposes of
enforcement in relation to Crown land unless it has the consent of the
35
appropriate authority.
(3)
The appropriate authority may give consent under subsection (2)
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
connection with the enforcement of anything required to be done or
40
prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
60

(a)
entering land;
(b)
bringing proceedings;
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice;
5
(b)
the making of an order (other than by a court).
296B
References to an interest in land
(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
10
the owner of the interest in land must be done by or in relation to the
appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”
(3)
After section 82C of the listed buildings Act (inserted by Schedule 3) there are
inserted the following sections—
15
“82D
Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
constitutes an offence under this Act.
(2)
A local planning authority must not take any step for the purposes of
enforcement in relation to Crown land unless it has the consent of the
20
appropriate authority.
(3)
The appropriate authority may give consent under subsection (2)
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
connection with the enforcement of anything required to be done or
25
prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land;
(b)
bringing proceedings;
(c)
the making of an application.
30
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice;
(b)
the making of an order (other than by a court).
82E
References to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown
35
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
appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”
40
(4)
After section 30B of the hazardous substances Act (inserted by section 77(3))

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
61

there are inserted the following sections—
“30C
Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
constitutes an offence under this Act.
(2)
A local planning authority must not take any step for the purposes of
5
enforcement in relation to Crown land unless it has the consent of the
appropriate authority.
(3)
The appropriate authority may give consent under subsection (2)
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
10
connection with the enforcement of anything required to be done or
prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land;
(b)
bringing proceedings;
15
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice;
(b)
the making of an order (other than by a court).
30D
References to an interest in land
20
(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
appropriate authority.
25
(3)
An interest in land includes an interest only as occupier of the land.”
Trees
83
Tree preservation orders: Forestry Commissioners
For section 200 of the principal Act (Orders affecting land where Forestry
Commissioners interested) there is substituted the following section—
30
“200  Tree preservation orders: Forestry Commissioners
(1)
A tree preservation order does not have effect in respect of anything
done—
(a)
by or on behalf of the Forestry Commissioners on land placed at
their disposal in pursuance of the Forestry Act 1967 or
35
otherwise under their management or supervision;
(b)
by or on behalf of any other person in accordance with a plan of
operations or other working plan approved by the Forestry
Commissioners under a forestry dedication covenant (within
the meaning of section 5 of that Act) which is for the time being
40
in force or under conditions of a grant or loan made under
section 1 of the Forestry Act 1979.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 1 — England and Wales
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(2)
A reference to a provision of the Forestry Act 1967 or the Forestry Act
1979 includes a reference to a corresponding provision replaced by that
provision or any earlier corresponding provision.”
84
Trees in conservation areas: acts of Crown
After section 211(4) of the principal Act (preservation of trees in conservation
5
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
(b)
either the second or third condition is satisfied.
10
(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
authority.
15
(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
the notice, and
(b)
before the end of the period of two years starting with that
date.”
20
Miscellaneous
85
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
25
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 85(2) of the Planning and Compulsory
30
Purchase Act 2003”;
(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 85(2) of the Planning and Compulsory Purchase Act 2003”.
(3)
Old mining permission must be construed in accordance with section 22 of the
35
Planning and Compensation Act 1991.
(4)
Crown land must be construed in accordance with Part 13 of the principal Act.
86
Subordinate legislation
(1)
The Secretary of State may by order provide that relevant subordinate
legislation applies to the Crown.
40