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Town and Country Planning Act 1971

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268Supplementary provisions as to Crown and Duchy interests

(1)Subject to the following provisions of this section—

(a)where there is a Crown, interest in any land, the provisions of Part VII of this Act and of sections 166 to 168 thereof, and the provisions of Schedules 15, 16 and 17 to this Act and the provisions of Schedule 24 to this Act in so far as they relate to Part VII or to sections 166 to 168 of this Act, shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest; and

(b)where there is a Duchy interest in any land, those provisions shall have effect in relation to that interest, and to any private interest, as if the Duchy interest were a private interest.

(2)References in this Act to claims established under Part VI of the Act of 1947 include references to claims so established in accordance with arrangements made under section 88(2) of that Act (which provided for the application of Part VI of that Act to Duchy interests and for the payment of sums in lieu of development charges in respect of such interests); references to development charges include references to sums determined in accordance with such arrangements to be appropriate in substitution for development charges; and references to the amount of an established claim or of a development charge shall be construed accordingly.

(3)Where, in accordance with an agreement under section 267 of this Act, the approval of a local planning authority is required in respect of any development of land in which there is a Duchy interest, the provisions of this Act referred to in subsection (1)(a) of this section shall have effect in relation to the withholding of that approval, or the giving thereof subject to conditions, as if it were a refusal of planning permission, or a grant of planning permission subject to conditions, as the case may be.

(4)In this section "private interest" means an interest which is neither a Crown interest nor a Duchy interest.

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