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Town and Country Planning Act 1990

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This is the original version (as it was originally enacted).

299Application for planning permission etc. in anticipation of disposal of Crown land

(1)This section has effect for the purpose of enabling Crown land, or an interest in Crown land, to be disposed of with the benefit of planning permission or a determination under section 64.

(2)Notwithstanding the interest of the Crown in the land in question, an application for any such permission or determination may be made by—

(a)the appropriate authority; or

(b)any person authorised by that authority in writing;

and, subject to subsections (3) to (5), all the statutory provisions relating to the making and determination of any such application shall accordingly apply as if the land were not Crown land.

(3)Any planning permission granted by virtue of this section shall apply only—

(a)to development carried out after the land in question has ceased to be Crown land; and

(b)so long as that land continues to be Crown land, to development carried out by virtue of a private interest in the land.

(4)In relation to any application made by virtue of this section for any determination under section 64, subsection (1) of that section shall have effect as if for the reference to an application for planning permission being required there were substituted a reference to such an application being required in the event of the proposed operations or change of use being carried out or made otherwise than by or on behalf of the Crown.

(5)The Secretary of State may by regulations—

(a)modify or exclude any of the statutory provisions referred to in subsection (2) in their application by virtue of that subsection and any other statutory provisions in their application to permissions or determinations granted or made by virtue of this section;

(b)make provision for requiring a local planning authority to be notified of any disposal of, or of an interest in, any Crown land in respect of which an application has been made by virtue of this section; and

(c)make such other provision in relation to the making and determination of applications by virtue of this section as he thinks necessary or expedient.

(6)This section shall not be construed as affecting any right to apply for any such permission or determination as is mentioned in subsection (1) in respect of Crown land in a case in which such an application can be made by virtue of a private interest in the land.

(7)In this section “statutory provisions” means provisions contained in or having effect under any enactment.

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