This Act binds the Crown.

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

In this Part—

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

• F1“Crown interest” means any of the following—

  1. a

     an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;

  2. b

     an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

  3. c

     such other interest as the Secretary of State specifies by order;

• “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.

For the purposes of an application for planning permission F28or permission in principle made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.

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.

References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An order made F23by the Secretary of State for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.

But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

The appropriate authority may, instead of making an application for planning permission F29or permission in principleF25to the local planning authority in accordance with Part 3, make an application for planning permission F29or permission in principle to the Secretary of State under this section.

If the appropriate authority makes an application under this section subsections (6) to (9) below apply.

The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.

As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.

Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3)(matters related to national security).

Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.

No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.

Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

An interest in land includes an interest only as occupier of the land.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F14a Crown interest or a Duchy interest, F15sections 109 to 112 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.

This section applies to an application for planning permissionF31, for permission in principle or for a certificate under section 192 made by or on behalf of the Crown.

The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

A statutory provision is a provision contained in or having effect under any enactment.

Where any works on land carried out, or use of land begun, during the war period remain or continues after the relevant date and no such determination has been given, the works or use shall by virtue of this subsection be treated for all purposes as complying with that control unless steps for enforcing the control have been begun before that date.

Schedule 15 shall have effect for the purpose of making supplementary provision concerning the enforcement of breaches of planning control to which this section applies and the making and determination of applications under subsection (3).

In this section and that Schedule—

• “authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section 75 of the 1947 Act or of paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the M1Planning (Consequential Provisions) Act 1990) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control;

• “the relevant date”, in relation to any land, means the date with which the period of five years from the end of the war period ends, but for the purposes of this definition any time during which, notwithstanding subsection (2), planning control is unenforceable by reason of the subsistence in or over the land of any interest or right to possession held by or on behalf of the Crown shall be disregarded;

• “owner” has the same meaning as in the M2Housing Act 1985 and “owned” shall be construed accordingly;

• “permanent or long-term interest”, in relation to any land, means the fee simple in the land, a tenancy of the land granted for a term of more than ten years and not subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of ten years from the beginning of the term, or a tenancy granted for a term of ten years or less with a right of renewal which would enable the tenant to prolong the term of the tenancy beyond ten years;

• “tenancy” includes a tenancy under an underlease and a tenancy under an agreement for a lease or underlease, but does not include an option to take a tenancy and does not include a mortgage;

• “war period” means the period extending from 3rd September 1939 to 26th March 1946;

• “works” includes any building, structure, excavation or other work on land.

References in this section and that Schedule to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section 75 of the 1947 Act or by paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the M4Planning (Consequential Provisions) Act 1990).