Schedules

Schedule 10Crown development: consequential amendments

Section 109

Town and Country Planning Act 1990 (c. 8)

I111

TCPA 1990 is amended as follows.

I12

In section 61W (England: requirement to carry out pre-application consultation), in subsection (6)(a), for “293A” substitute 293B.

I23

In section 108 (compensation for refusal or conditional grant of planning permission etc formerly granted by development order etc)—

a

in subsection (1)—

i

in paragraph (b), for “Part III or section 293A” substitute “Parts 3 or 13”;

ii

in sub-paragraph (i), for “or section 293A” substitute “or by the Secretary of State or Welsh Ministers under Part 13”;

b

in subsection (2B)—

i

in paragraph (b), for “Part III or section 293A” substitute “Parts 3 or 13”;

ii

in the closing words, for “or section 293A” substitute “or by the Secretary of State or Welsh Ministers under Part 13”.

I34

In section 247 (highways affected by development: orders by the Secretary of State), in subsection (1)(a), for “Part III or section 293A” substitute “Parts 3 or 13”.

I45

In section 257 (footpaths etc affected by development: orders by other authorities), in subsection (1)(a), for “Part III or section 293A” substitute “Parts 3 or 13”.

I56

In section 284 (validity of certain orders, decisions and directions), in subsection (3)—

a

in paragraph (i), after “in principle” insert “to the Welsh Ministers”;

b

after paragraph (i) insert—

j

any decision on an application made to the Secretary of State under section 293B, 293D or 293E.

I67

In section 293A (urgent Crown development: application)—

a

in the heading, at the end insert “to the Welsh Ministers”;

b

in subsection (1), in the opening words, after “development” insert “of land in Wales”.

I78

In section 303 (fees for planning application etc.), after subsection (4) insert—

a

in subsection (4), for “appropriate authority” (in both places) substitute “Welsh Ministers”;

b

after subsection (4) insert—

4A

The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of an application under section 293B, 293D or 293E.

I89

In section 319A (determination of procedure for certain proceedings: England), in subsection (7)—

a

omit the “and” at the end of paragraph (d);

b

after paragraph (e) insert

; and

f

an application made to the Secretary of State under section 293D or 293E.

c

after paragraph (e) insert—

f

an application made to the Secretary of State under section 293D or 293E.

I910

In section 336 (interpretation), in subsection (1)—

a

in the definition of “planning decision”, for “Part III or section 293A” substitute “Parts 3 or 13”;

b

in the definition of “planning permission”, for “Part III or section 293A” substitute “Parts 3 or 13”.

I1011Housing and Planning Act 2016 (c. 22)

In section 205 (interpretation of sections 203 and 204), in subsection (1), in the definition of “planning consent”, for “Part 3 of the Town and Country Planning Act 1990 or section 293A of that Act” substitute “Parts 3 or 13 of the Town and Country Planning Act 1990”.