Town and Country Planning Act 1954

61 Crown land

(1) In this section, the expression " Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department ; the expression " Duchy interest " means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and the expression " private interest " means an interest which is neither a Crown interest nor a Duchy interest.

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

(a) where there is a Crown interest in any land, the provisions of this Act, other than this section, 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, the said provisions shall have effect in relation to that interest, and to any private interest, as if the Duchy interest were a private interest.

(3) Where, in the case of a compulsory acquisition to which Part III of this Act applies, planning permission was granted before the date of service of the notice to treat, and the person who at that date is entitled to the interest in land to which the acquisition relates is, or derives title from a person who was, entitled thereto under a disposition which—

(a) took effect after the grant of the planning permission; and

(b) was a disposition of a Crown interest or a Duchy interest, or a disposition creating an interest immediately out of a Crown interest or a Duchy interest,

then, notwithstanding subsection (4) of section fifty-one of the principal Act, that permission shall not be disregarded in assessing the compensation payable in respect of the acquisition.

(4) References in this Act to claims established under Part VI of the principal Act include references to claims so established in accordance with arrangements made under subsection (2) of section eighty-eight of the principal Act (which relates to interests belonging to the Duchies of Lancaster and Cornwall); 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.

(5) The provisions of this Act shall have effect in relation to the withholding, or the giving subject to conditions, of any approval of a local planning authority required in respect of any development of land in which there is a Duchy interest, being approval required in accordance with an agreement under subsection (1) of section eighty-eight of the principal Act (which provides for agreements for securing the use of Crown land in conformity with development plans), as if the withholding of the approval, or the giving thereof subject to conditions, were a refusal of planning permission, or a grant of planning permission subject to conditions, as the case may be.

(6) An order under section fifty-five of this Act shall not be made in respect of a mining lease where the interest of the lessor is a Duchy interest unless—

(a) the lease relates to land in respect of which arrangements under subsection (2) of section eighty-eight of the principal Act are in force; and

(b) the order is made with the consent of the appropriate authority as defined by section eighty-seven of that Act.