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Town and Country Planning Act 1984 (repealed 27.5.1997)

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Change 1

What to do with it
As published

1 Application 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— (a) planning permission, listed building consent , hazardous substances consentor conservation area consent; or (b) a certificate under section 90A of the Act of 1972 (certificate of lawfulness of proposed use or development). (2) Notwithstanding the interest of the Crown in the land in question, an application for any such permission, consent or certificate as is mentioned in subsection (1) above 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) below, 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; and any listed building consent or conservation area consent granted by virtue of this section shall apply only to works carried out as aforesaid. (3A) Any hazardous substances consent granted by virtue of this section shall apply only— (a) to the presence of the substance to which the consent relates after the land in question has ceased to be Crown land; and (b) so long as that land continues to be Crown land to the presence of the substance by virtue of a private interest in the land. (4) Any application made by virtue of this section for a certificate under section 90A shall be determined as if the land were not Crown land. (5) The Secretary of State may by regulations— (a) modify or exclude any of the statutory provisions referred to in subsection (2) above in their application by virtue of that subsection and any other statutory provisions in their application to permissions, consents or certificates granted or made by virtue of this section; (b) make provision for requiring . . . , a 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) In this section “conservation area consent” means consent under . . . section 262A of the Act of 1972 (demolition of buildings in conservation areas), “statutory provisions” means provisions contained in or having effect under any enactment and references to the disposal of an interest in Crown land include references to the grant of an interest in such land. (7) This section shall not be construed as affecting any right to apply for any such permission, consent or certificate as is mentioned in subsection (1) above 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. (8) Any permission or consent granted before the date on which this section comes into force which would have been a valid planning permission, listed building consent or conservation area consent but for the fact that— (a) the land in respect of which it was granted was Crown land; and (b) no interest in the land was for the time being held otherwise than by or on behalf of the Crown, shall be deemed to have been a valid planning permission, listed building consent or conservation area consent, as the case may be; but any permission or consent validated by this subsection shall have effect (and be deemed always to have had effect) as provided in subsection (3) above.

Your change, as a redline

1 Application 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— (a) planning permission, listed building consent , hazardous substances consentor conservation area consent; or (b) a certificate under section 90A of the Act of 1972 (certificate of lawfulness of proposed use or development). (2) Notwithstanding the interest of the Crown in the land in question, an application for any such permission, consent or certificate as is mentioned in subsection (1) above 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) below, 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; and any listed building consent or conservation area consent granted by virtue of this section shall apply only to works carried out as aforesaid. (3A) Any hazardous substances consent granted by virtue of this section shall apply only— (a) to the presence of the substance to which the consent relates after the land in question has ceased to be Crown land; and (b) so long as that land continues to be Crown land to the presence of the substance by virtue of a private interest in the land. (4) Any application made by virtue of this section for a certificate under section 90A shall be determined as if the land were not Crown land. (5) The Secretary of State may by regulations— (a) modify or exclude any of the statutory provisions referred to in subsection (2) above in their application by virtue of that subsection and any other statutory provisions in their application to permissions, consents or certificates granted or made by virtue of this section; (b) make provision for requiring . . . , a 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) In this section “conservation area consent” means consent under . . . section 262A of the Act of 1972 (demolition of buildings in conservation areas), “statutory provisions” means provisions contained in or having effect under any enactment and references to the disposal of an interest in Crown land include references to the grant of an interest in such land. (7) This section shall not be construed as affecting any right to apply for any such permission, consent or certificate as is mentioned in subsection (1) above 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. (8) Any permission or consent granted before the date on which this section comes into force which would have been a valid planning permission, listed building consent or conservation area consent but for the fact that— (a) the land in respect of which it was granted was Crown land; and (b) no interest in the land was for the time being held otherwise than by or on behalf of the Crown, shall be deemed to have been a valid planning permission, listed building consent or conservation area consent, as the case may be; but any permission or consent validated by this subsection shall have effect (and be deemed always to have had effect) as provided in subsection (3) above.

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