Planning and Compulsory Purchase Act 2004

Section 90

SCHEDULE 5SCrown application: Scotland

This schedulenoteType=Explanatory Notes has no associated

Purchase noticesS

1In 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 88 (circumstances in which purchase notices may be served) the following section—S

88APurchase notices: Crown land

(1)A 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 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 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 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.

2In 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) there is inserted the following section—S

28APurchase 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 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 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 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 acquisitionS

3(1)In the principal Scottish Act, section 189 (compulsory acquisition of land for development and other planning purposes) is amended as follows.S

(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 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 for the Environment) is amended as follows.S

(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 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 listed building in need of repair) is amended as follows.S

(2)After subsection (6) there is inserted the following subsection—

(6A)This section 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 than by or on behalf of the Crown, and

(b)the appropriate authority consents to the acquisition.

DefinitionsS

6(1)In the principal Scottish Act, section 242 (preliminary definitions) is amended as follows.S

(2)In subsection (1) for the definition of “Crown interest” there is substituted the following definition—

Crown interest” means any of the following—

(a)an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,

(b)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(c)such other interest as the Scottish Ministers specify by order;.

(3)In subsection (2) after paragraph (b) there is inserted the following paragraph—

(ba)in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;.

(4)After subsection (2) there is inserted the following subsection—

(2A)For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which the Crown has no interest, a reference to the appropriate authority must be construed as a reference to the person who makes the application.

(5)After subsection (3) there is inserted the following subsection—

(3A)References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(6)After subsection (4) there are inserted the following subsections—

(5)An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.

(6)But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.

7In the Scottish listed buildings Act, after section 73B (inserted by section 93(1)), there is inserted the following section—S

73CExpressions relating to the Crown

(1)Expressions relating to the Crown must be construed in accordance with this section.

(2)Crown land is land in which there is a Crown interest.

(3)A Crown interest is any of the following—

(a)an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,

(b)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(c)such other interest as the Scottish Ministers specify by order.

(4)A private interest is an interest which is not a Crown interest.

(5)The appropriate authority in relation to any land is—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners,

(b)in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land,

(c)in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,

(d)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department.

(6)If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Scottish Ministers, whose decision is final.

(7)For the purpose of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which the Crown has no interest, a reference to the appropriate authority must be construed as a reference to the person who makes the application.

(8)The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(9)An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.

(10)But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.

(11)This section applies for the purposes of this Act.

8(1)In the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (referred to in this Schedule as the “Scottish hazardous substances Act”), section 31 (exercise of powers in relation to Crown land) is amended as follows.S

(2)Subsections (1) and (2) are omitted.

(3)In subsection (3) for the definition of “Crown interest” there is substituted the following definition—

Crown interest” means any of the following—

(a)an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,

(b)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(c)such other interest as the Scottish Ministers specify by order.

(4)In subsection (5) after paragraph (b) there is inserted the following paragraph—

(ba)in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,.

(5)After subsection (6) there are inserted the following subsections—

(7)References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(8)An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (3) must be made by statutory instrument.

(9)But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.

Special enforcement noticesS

9(1)Sections 243 and 244 of the principal Scottish Act (control of development on Crown land: special enforcement notices) are omitted.S

(2)But the repeal of sections 243 and 244 does not affect their operation in relation to development carried out before the commencement of this paragraph.

Applications for planning permission, etc.S

10(1)In the principal Scottish Act, after section 247 (supplementary provision as to Crown interest) there is inserted the following section—S

247AApplications for planning permission by Crown

(1)This section applies to an application for planning permission or for a certificate under section 151 made by or on behalf of the Crown.

(2)The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3)A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).

(2)Section 248 (application for planning permission etc. in anticipation of disposal of Crown land) is omitted.

(3)The repeal of that section does not affect any requirement made in pursuance of regulations made under subsection (5)(b) of that section.

11After section 73E of the Scottish listed buildings Act (inserted by section 94(4)) there is inserted the following section—S

73FApplications for listed building or conservation area consent by Crown

(1)This section applies to an application for—

(a)listed building consent, or

(b)conservation area consent,

made by or on behalf of the Crown.

(2)The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3)A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).

12In the Scottish hazardous substances Act, section 32 (application for hazardous substances consent in anticipation of disposal of Crown land) is omitted.S

13Before section 33 of that Act there is inserted—S

32AApplications for hazardous substances consent by Crown

(1)This section applies to an application for hazardous substances consent made by or on behalf of the Crown.

(2)The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3)A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).

Rights of entryS

14After section 270 of the principal Scottish Act (supplementary provisions as to rights of entry) there is inserted the following section—S

270ARights of entry: Crown land

(1)Section 269 applies to Crown land subject to the following modifications.

(2)A person must not enter Crown land unless he has the relevant permission.

(3)Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it, or

(b)the appropriate authority.

(4)In subsection (6) the words “Subject to section 270” must be ignored.

(5)Section 270 does not apply to anything done by virtue of this section.

(6)Appropriate authority” must be construed in accordance with section 242.

15After section 78 of the Scottish listed buildings Act (rights of entry: supplementary provisions) there is inserted the following section—S

78ARights of entry: Crown land

(1)Section 76 applies to Crown land subject to the following modifications.

(2)A person must not enter Crown land unless he has the relevant permission.

(3)Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it, or

(b)the appropriate authority.

(4)In subsection (6) the words “and 78” must be ignored.

(5)Section 78 does not apply to anything done by virtue of this section.

(6)Appropriate authority” must be construed in accordance with section 73C.

16After section 35 of the Scottish hazardous substances Act (rights of entry: supplementary provisions) there is inserted the following section—S

35ARights of entry: Crown land

(1)Section 33 applies to Crown land subject to the following modifications.

(2)A person must not enter Crown land unless he has the relevant permission.

(3)Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it, or

(b)the appropriate authority.

(4)In subsection (5), the words “and 35” must be ignored.

(5)Section 35 does not apply to anything done by virtue of this section.

(6)Appropriate authority” must be construed in accordance with section 31(5).

Service of noticesS

17After section 271 of the principal Scottish Act (service of notices) there is inserted the following section—S

271AService of notices on the Crown

(1)Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.

(2)Section 271 does not apply for the purposes of the service of such a notice or document.

(3)Appropriate authority” must be construed in accordance with section 242.

Information as to interests in landS

18In the principal Scottish Act, after section 272 (power to require information as to interests in land) there is inserted the following section—S

272AInformation as to interests in Crown land

(1)This section applies to an interest in Crown land which is not a private interest.

(2)Section 272 does not apply to an interest to which this section applies.

(3)For a purpose mentioned in section 272(1) the Scottish Ministers may request the appropriate authority to give them such information as to the matters mentioned in section 272(2) as they specify in the request.

(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 mentioned in section 265A(4).

(5)Expressions used in this section and in Part 12 (Crown Land) must be construed in accordance with that Part.

Listed buildings and conservation areasS

19(1)In the Scottish listed buildings Act, sections 74 and 75 (provisions relating to Crown land) are omitted.S

(2)The repeal of section 75 does not affect any requirement made in pursuance of regulations made under subsection (4)(b) of that section.

20(1)In the Scottish listed buildings Act, section 79 (application of certain general provisions of the principal Scottish Act) is amended as follows.S

(2)In subsection (1)—

(a)after the entry relating to section 265 there is inserted— “ section 265A (planning inquiries to be held in public subject to certain exceptions), ”,

(b)after the entry relating to section 271 there is inserted— “ section 271A(1) and (2) (service of notices on the Crown), ”, and

(c)after the entry relating to section 272 there is inserted— “ section 272A(1) to (4) (information as to interests in Crown land), ”.

(3)After subsection (2) there is inserted the following subsection—

(3)In the application of section 265A of the principal Act for the purposes of this Act, the provisions mentioned in subsection (1) of the section shall be construed as including any inquiry held by virtue of this section.

Hazardous substancesS

21In the Scottish hazardous substances Act, in section 15 (revocation of consent on change of control of land) after subsection (2) there is inserted the following subsection—S

(3)This section does not apply if the control of the land changes from one emanation of the Crown to another.

22(1)In the Scottish hazardous substances Act, section 36 (application of certain general provisions of the principal Scottish Act) is amended as follows—S

(a)after the entry relating to section 265 there is inserted— “ section 265A (planning inquiries to be held in public subject to certain exceptions), ”,

(b)after the entry relating to section 271 there is inserted— “ section 271A(1) to (2) (service of notices on the Crown), ”, and

(c)after the entry relating to section 272 there is inserted— “ section 272A(1) to (4) (information as to interests in Crown land), ”.

(2)The existing provision as so amended becomes subsection (1), and after that subsection there is added—

(2)In the application of section 265A of the principal Act for the purposes of this Act, the provisions mentioned in subsection (1) of the section shall be construed as including any inquiry held by virtue of this section.

MiscellaneousS

23Sections 242(4) (certain persons treated as having an interest in Crown land) and 246 (agreements relating to Crown land) of the principal Scottish Act are omitted.S

24In the principal Scottish Act, for section 247 (supplementary provisions as to Crown interest) there is substituted the following section—S

247Supplementary provisions as to Crown interest

Where, in accordance with an agreement under section 246, the approval of a planning authority is required in respect of any development of land in which there is a Crown interest, sections 78 to 82 have effect in relation to the withholding of that approval, or the giving of it subject to conditions, as if it were a refusal of planning permission, or, as the case may be, a grant of planning permission subject to conditions.

25(1)In the principal Scottish Act, section 249 (tree preservation orders in anticipation of disposal of Crown land) is omitted.S

(2)But the repeal of section 249 does not affect its operation in relation to a tree preservation order made by virtue of that section before the commencement of this paragraph.

26(1)In the principal Scottish Act, section 250 (requirement of planning permission for continuance of use instituted by the Crown) is omitted.S

(2)But the repeal of section 250 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.