The Parliamentary Corporate Bodies (Crown Immunities etc.) Order 1992

Town and country planning legislation

2.—(1) For the purposes of the Town and Country Planning Act 1990(1) (in this article referred to as “the Planning Act”)—

(a) the interest of a Corporate Officer or the Corporate Officers in any land shall be regarded as a Crown interest, within the meaning of Part XIII of that Act (application of Act to Crown land); and

(b) any development carried out by or on behalf of a Corporate Officer or the Corporate Officers shall be regarded as development carried out by or on behalf of the Crown (and, accordingly, the use of the land for the purposes of the House of Lords, the House of Commons or both those Houses shall be regarded as use by or on behalf of the Crown);

and in relation to land which is Crown land, within the meaning of Part XIII of the Planning Act, by virtue only of sub-paragraph (a) above, “the appropriate authority” for the purposes of that Part shall be the Corporate Officer or, as the case may be, the Corporate Officers in whom is vested the interest in the land.

(2) If a Corporate Officer or the Corporate Officers is or are entitled to occupy Crown land, within the meaning of Part XIII of the Planning Act, by virtue of a licence in writing, that licence shall be regarded as a Crown interest, rather than a private interest, for the purposes of that Part.

(3) Paragraphs (1) and (2) above apply in relation to the Planning (Listed Buildings and Conservation Areas) Act 1990(2) as if—

(a) references in those paragraphs to the Planning Act or Part XIII of that Act were references to the Planning (Listed Buildings and Conservation Areas) Act 1990 or, as the case may be, Part III of that Act; and

(b) the references in paragraph (1)(b) above to development included references to works affecting a listed building and the demolition of a building in a conservation area.

(4) To the extent that a Corporate Officer or the Corporate Officers has or have responsibility for the management of any land in which he or they has or have no interest but which forms part of the Palace of Westminster, the Corporate Officer or Corporate Officers shall be regarded as having the status of a government department for the purposes of the following enactments, which define “the appropriate authority” in relation to certain land belonging to Her Majesty in right of the Crown,—

(a) section 293(2)(b)of the Planning Act; and

(b) section 83(7)(b) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(5) In this article “development” and “land” have the same meaning as in the Planning Act.

(1)

1990 c. 8.

(2)

1990 c. 9.