Town and Country Planning Act 1990

Preliminary E+W

Yn ddilys o 06/08/2004

[F1 292A Application to the Crown E+W

(1) This Act binds the Crown.

(2) But subsection (1) is subject to express provision made by this Part.]

Textual Amendments

F1 S. 292A inserted (6.8.2004 for certain purposes and otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

293 Preliminary definitions. E+W

(1) In this Part—

• “Crown land” means land in which there is a Crown interest or a Duchy interest;

• “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;

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall;

• “private interest” means an interest which is neither a Crown interest nor a Duchy interest.

(2) For the purposes of this Part “the appropriate authority”, in relation to any land—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

(b) in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

(c) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

(d) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.

(3) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

(4) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of section 296(1)(c), so far as applicable to Parts III, VII and VIII, and sections 294(2) to (7), 295, 299 and 300 as having an interest in land and references in section 299 to the disposal of an interest in Crown land, and in that section and sections 294(2) and 300 to a private interest in such land, shall be construed accordingly.

Modifications etc. (not altering text)

C1 S. 293(2)(b) modified (17.7.1992) by S.I. 1992/1732, art. 2(4)(a)

C2 S. 293(3) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 221(5), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6) and (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 222(8)(9), 225(2) (with ss. 16(6), 178, 179, 222(3), 224(1), Sch. 22 para. 1)

S. 293(3) applied (1.12.2000) by 1991 c. 56, s. 221(8) (as substituted (1.12.2000) by 1995 c. 25, s. 116, Sch. 21 Pt. I para. 1(1) (with ss. 7(6), 115, 117)); S.I. 2000/3033, art. 2

S. 293(3) applied (1.7.1997 for certain purposes and otherwise prosp.) by 1991 c. 57, s. 222(10) (as substituted by 1995 c. 25, ss. 116, 125(3), Sch. 21 Pt. I para. 2(4) (with ss. 7(6), 115, 117); S.I. 1997/1626, art. 2)

C3 S. 293(3) applied (1.10.2004 for E. and 11.11.2004 for W.) by Reservoirs Act 1975 (c. 23), s. 27A(8) (as inserted by 2003 c. 37, s. 80; S.I. 2004/2528, art. 2(p); S.I. 2004/2916, art. 2(c))