The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.

An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.

An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

In relation to land of a local planning authority, section 1(1), (2) and (4) and sections 2, F5and 39(6)F641(8), shall have effect subject to such exceptions and modifications as may be prescribed.

The provisions mentioned in subsection (3) shall have effect for the purpose of applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed.

Those provisions are sections 1(3), (5) and (6), 3 to 5, 7 F7to 26, 28, 29, 32 to 50 (except F8section 39(6)), 60(1) to (4) (as it applies as respects the provisions mentioned in this subsection), 62 to 65, 67(2)(b), (6) and (7), 73(1), Schedules 1 and 2, paragraph 2 of Schedule 4 (as it applies to Schedule 1) and paragraph 4(1) of Schedule 4 (as it applies as respects the provisions mentioned in this subsection).

This Act (except the provisions specified in subsection (2)) binds the Crown.

But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.

The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section.

For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application.

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 may be prescribed 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 paragraph 6(6) of Schedule 3 (matters related to national security).

Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.

In this Act, expressions relating to the Crown must be construed in accordance with this section.

Crown land is land in which there is a Crown interest or a Duchy interest.

A private interest is an interest which is neither a Crown interest nor a Duchy interest.

If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Treasury, whose decision is final.

For the purposes of an application for listed building consent 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.

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

An order made for the purposes of paragraph (c) of subsection (3) 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.

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.

This section applies to an application for listed building consent or conservation area consent 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.

Without prejudice to the provisions of the M1Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the F19Diocesan Board of Finance for the diocese in which the land is situated.

Any compensation payable under section 29 in respect of land which is ecclesiastical property F22shall be paid to the Diocesan Board of Finance for the diocese in which the land is situatedF23and shall F24. . . be applied by F25it for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.

In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice F26of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese F27of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction . . . F28.

Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building on it F29or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1.

Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable by the authority under section F38 . . . 28 F39, 29 or 44D in respect of any land.

Any person who is an officer of the Valuation Office or is duly authorised in writing by a local authority having power to acquire land under sections 47 to 52 may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land or in connection with any claim for compensation in respect of any such acquisition.

Subject to F40section 88B(8), any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil F41 . . ..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In subsection (1) “ the appropriate authority ” means the person who may authorise entry on the land under section 88 for the purpose in question.

For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier.

Subsection (1) does not apply to a person authorised under section 88(3A) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.

Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1).

Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

Section 88 applies to Crown land subject to the following modifications.

A person must not enter Crown land unless he has the relevant permission.

In subsection (6) the words “Subject to section 88B(8)” must be ignored.

Section 88B does not apply to anything done by virtue of this section.

“ Appropriate authority ” must be construed in accordance with section 82C(6).

The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

The Welsh Ministers must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

The Welsh Ministers must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

The Welsh Ministers must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

The Welsh Ministers must publish the criteria which are to be applied in making determinations under subsection (1).

No order may be made under subsection (8) unless a draft of the instrument containing the order has been laid before and approved by resolution of the National Assembly for Wales.

F50Subject to subsections (1A) and (2), the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act, namely—

• F51sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications),

• section 320 (local inquiries),

• F52section 322 (orders as to costs of parties where no inquiry held F53: England),

• section F54322A (orders as to costs: supplementary),

• F55section 322C (costs: Wales),

• 323 (procedure on certain appeals and applications F56: England),

• F57section 323A (procedure for certain proceedings: Wales

• F58section 327A (compliance with requirements relating to applications),

• section 329 (service of notices),

• F59section 329A(1) and (2) (service of notices on the Crown)

• section 330 (power to require information as to interests in land),

• F60section 330A(1) to (4) (information as to interests in Crown land)

• section 331 (offences by corporations).

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 331 of that Act shall not apply to offences under section 59 of this Act.

In the application of section 330 by virtue of this section, references to a local authority include the Commission.

Any local authority and any statutory undertakers may contribute towards any expenses incurred by a local planning authority in or in connection with the performance of any of their functions under the provisions of Chapters I to V of Part I (other than sections F6628 to 31, 53, 54, 55, 57, 58) and sections 66 and 68 and Schedule 1.

Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under Chapters I, II or IV of Part I or sections 32 to 37, 56, 59, 60, 66(1), 67, 68 or 73, the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.

For the purposes of subsections (2) and (3), contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.

The council of a county may direct that any expenses incurred by them under the provisions specified in subsection (6) shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.

Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.