Town and Country Planning Act 1990

298 Supplementary provisions as to Crown and Duchy interests

(1) Subject to the following provisions of this section—

(a) where there is a Crown interest in any land, the provisions of sections 109 to 113 and Part V and the provisions of Schedule 3 to the Planning (Consequential Provisions) Act 1990 in so far as they relate to those sections or that Part, or to Part VII or sections 166 to 168 of the 1971 Act, shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest; and

(b) where there is a Duchy interest in any land, those provisions shall have effect in relation to that interest, and to any private interest, as if the Duchy interest were a private interest.

(2) References in this Act to claims established under Part VI of the 1947 Act include references to claims so established in accordance with arrangements made under section 88(2) of that Act (which provided for the application of Part VI of that Act to Duchy interests and for the payment of sums in lieu of development charges in respect of such interests); references to development charges include references to sums determined in accordance with such arrangements to be appropriate in substitution for development charges; and references to the amount of an established claim or of a development charge shall be construed accordingly.

(3) Where, in accordance with an agreement under section 297, the approval of a local planning authority is required in respect of any development of land in which there is a Duchy interest, the provisions of this Act referred to in subsection (1)(a) shall have effect in relation to the withholding of that approval, or the giving of it subject to conditions, as if it were a refusal of planning permission or, as the case may be, a grant of planning permission subject to conditions.