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 2 — Scotland
63

(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
Crown.
(3)
Relevant subordinate legislation is an instrument which—
(a)
is made under or (wholly or in part) for the purposes of any of the
5
planning Acts,
(b)
is made before the commencement of section 77 of this Act, and
(c)
is specified in the order.
87
Crown application: transitional
Schedule 4 (which makes transitional provisions in consequence of the
10
application to the Crown of the planning Acts) has effect.
Chapter 2
Scotland
Crown application
88
Crown application of Scottish planning Acts
15
(1)
In Part 12 of the Town and Country Planning (Scotland) Act 1997, before
section 242 (preliminary definitions for Part 12) there is inserted the following
section—
“241A
Application to the Crown
(1)
This Act binds the Crown.
20
(2)
But subsection (1) is subject to express provision made by this Part.”.
(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
25
(1)
This Act (except the provisions specified in subsection (2)) binds the
Crown.
(2)
These are the provisions—
(a)
section 8,
(b)
section 10(3),
30
(c)
section 19(7),
(d)
section 38(1) and (8),
(e)
section 39,
(f)
section 49,
(g)
section 50,
35
(h)
section 53,
(i)
section 77.
(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

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 2 — Scotland
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circumstances described in section 8(3)(a) to (d) and the doing of that
thing does not contravene section 6.”.
(3)
In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30
(application of Act to planning authorities) there is inserted the following
section—
5
“30A
Application to the Crown
(1)
This Act (except the provisions specified in subsection (2)) binds the
Crown.
(2)
The provisions are—
(a)
section 6(3),
10
(b)
section 21,
(c)
section 25,
(d)
section 34,
(e)
section 35(2).”.
(4)
Schedule 5 amends the Scottish planning Acts in relation to the application of
15
those Acts to the Crown.
National security
89
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
20
after section 265 (local inquiries) the following section—
“265A
Planning inquiries to be held in public subject to certain exceptions
(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
25
heard in public and documentary evidence shall be open to public
inspection.
(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
inquiry—
30
(a)
that giving evidence of a particular description or, as the case
may be, making it available for inspection would be likely to
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
35
to the national interest,
he or as the case may be they may direct that evidence of the description
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.
40
(4)
The matters referred to in subsection (3)(a) are—
(a)
national security, and

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 2 — Scotland
65

(b)
the measures taken, or to be taken, to ensure the security of any
premises or property.
(5)
The Lord Advocate may appoint a person to represent the interests of
any person who—
(a)
if a direction is given under subsection (3), will be prevented
5
from hearing or inspecting any evidence at a local inquiry; or
(b)
is so prevented by such a direction given before any
appointment is made under paragraph (a).
(6)
By rules—
(a)
the Secretary of State may make provision as to the procedure
10
to be followed by him before he gives a direction under
subsection (3) in a case where a person has been appointed
under subsection (5),
(b)
the Scottish Ministers may make provision as to the procedure
to be followed by them before they give such a direction in such
15
a case,
and as to the functions of such a person.
(7)
The power to make rules under—
(a)
paragraph (a) of subsection (6) must be exercised by statutory
instrument subject to annulment in pursuance of a resolution of
20
either House of Parliament,
(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)
25
(Scotland) Act 1997 (determination of certain appeals by person appointed by
the Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted
the following sub-paragraph—
“(7)
Subsections (2) to (7) of section 265A of the principal Act apply to an
inquiry held under this paragraph as they apply to an inquiry held
30
under section 265 of that Act.”.
(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-
paragraph—
35
“(7)
Subsections (2) to (7) 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.”.
Urgent development and works
90
Urgent Crown development: Scotland
40
(1)
In the Town and Country Planning (Scotland) Act 1997 (c. 8), before section 243
(control of development on Crown land: special enforcement notices) there is

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Chapter 2 — Scotland
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inserted the following section—
“242A
Urgent Crown development: application
(1)
This section applies to a development if the appropriate authority
certifies—
(a)
that the development is of national importance, and
5
(b)
that it is necessary that the development is carried out as a
matter of urgency.
(2)
The appropriate authority may, instead of making an application for
planning permission to the planning authority in accordance with Part
3, make an application for planning permission to the Scottish
10
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
15
(b)
stating that the authority proposes to make the application to
the Scottish Ministers.
(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
20
permission in pursuance of regulations made under section 40,
(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 (11) below apply.
25
(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
other matter in pursuance of subsection (4) or (6) the Scottish Ministers
30
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
they may specify in a development order publish notice of the
application and of the fact that such documents and other material are
35
available for inspection.
(9)
The Scottish Ministers must consult—
(a)
the planning authority, and
(b)
such other persons as may be so specified,
about the application.
40
(10)
Subsections (7) and (8) above are subject to any direction given under
section 265A(3) of this Act.
(11)
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
under section 46 has effect.”.
45

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 2 — Scotland
67

(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
section 242A.”.
91
Urgent works relating to Crown land: Scotland
5
(1)
In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
(c. 9), after section 73A (inserted by section 88(2)) there is inserted the following
section—
“73B
Urgent works relating to Crown land: application
(1)
This section applies to any works proposed to be executed in
10
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
urgency.
15
(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.
(3)
If the appropriate authority proposes to make the application to the
Scottish Ministers it must publish in one or more newspapers
20
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
the Scottish Ministers.
(4)
For the purposes of an application under this section the appropriate
25
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
subsections (6) to (11) below apply.
(6)
The Scottish Ministers may require the authority to provide them with
30
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
35
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)
Subsections (7) and (8) above are subject to any direction given under
40
section 265A(3) of the principal Act.
(10)
The Scottish Ministers must consult—
(a)
the planning authority, and
(b)
such other persons as may be prescribed,

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Chapter 2 — Scotland
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about the application.
(11)
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
5
there is added the following paragraph—
“(d)
any decision on an application for listed building consent under
section 73B.”.
Enforcement
92
Enforcement in relation to Crown land: Scotland
10
(1)
In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245
(exercise of powers in relation to Crown land) is omitted.
(2)
After section 245 there is inserted the following section—
“245A Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
15
constitutes an offence under this Act; but the Court of Session may, on
the application of a public authority or office-holder responsible for the
enforcement of anything required to be done, or prohibited, by or
under this Act, declare unlawful any act or omission so done or
suffered.
20
(2)
A planning authority must not take any step for the purposes of
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.
25
(4)
A step taken for the purposes of enforcement is anything done in
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,
30
(b)
initiating proceedings,
(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 a court order).”.
35
(3)
In the Town and Country Planning (Scotland) Act 1997, after section 245A
(inserted by subsection (2) above) there is inserted the following section—
“245B References to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown
interest.
40

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Part 7 — Crown application of planning Acts
Chapter 2 — Scotland
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(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.”.
(4)
In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
5
(c. 9) after section 73C (inserted by Schedule 5) there are inserted the following
sections—
“73D 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; but the Court of Session may on
10
the application of a public authority or office-holder responsible for the
enforcement of anything required to be done, or prohibited, by or
under this Act, declare unlawful any act or omission so done or
suffered.
(2)
A planning authority must not take any step for the purposes of
15
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
20
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)
initiating proceedings,
25
(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 a court order).
73E
Reference to an interest in land
30
(1)
Subsection (2) applies to the extent that an interest in land is a Crown
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.
35
(3)
An interest in land includes an interest only as occupier of the land.”.
(5)
In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A
(inserted by section 88(3)) there are inserted the following sections—
“30B
Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
40
constitutes an offence under this Act; but the Court of Session may, on
the application of a public authority or office-holder responsible for the
enforcement of anything required to be done, or prohibited, by or