Part XIII

Application of Act to Crown Land

Application of Act as respects Crown land

Crown development: connected applications to the Secretary of State
293E
1
This section applies where—
a
the appropriate authority makes an application to the Secretary of State under section
293D
, and
b
the Secretary of State gives a notice to the appropriate authority under
section 293D
(4)
stating that the development to which it relates is considered by the Secretary of State to be of national importance.
2
The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection
(3)
are met.
3
The requirements are that—
a
the application is—
i
for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,
ii
for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or
iii
of a prescribed description,
b
it is considered by the person making the application to be connected to an application under section
293D
,
c
it is neither a relevant application nor an application of the kind described in section 73(1), and
d
it relates to land in England.
4
If a connected application is made under subsection
(2)
, but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—
a
refer the connected application to the local planning authority, or hazardous substances authority, to whom it could otherwise have been made, and
b
direct that the connected application—
i
is to be treated as having been made to that authority (and not to the Secretary of State under this section), and
ii
is to be determined by that authority accordingly.
Pt. XIII (ss. 293-302) modified (17.7.1992) by S.I. 1992/1732, art. 2(1)(2)
Pt. XIII (ss. 293-302) extended (17.7.1992) by S.I. 1992/1732, art. 2(1)(a)
Ss. 293B-293J inserted (26.12.2023 for specified purposes, 1.5.2025 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 109(2), 255(3) (with s. 247); S.I. 2025/430, reg. 2(a)