Planning (Listed Buildings and Conservation Areas) Act 1990

Special cases E+W

82 Application of Act to land and works of local planning authorities. E+W

(1) In relation to land of a local planning authority, section 1(1), (2) and (4) and sections 2, 39(6) [F1 41(8)], 42(6) and 55(6) shall have effect subject to such exceptions and modifications as may be prescribed.

(2) 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.

(3) Those provisions are sections 1(3), (5) and (6), 3 to 5, 7 to 29, 32 to 50 (except sections 39(6) and 42(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).

(4) Regulations under this section may in particular provide—

(a) for the making of applications for listed building consent to the Secretary of State; and

(b) for the issue or service by him of notices under section 2(3) and the provisions mentioned in subsection (3).

Textual Amendments

F1 “41(8)” inserted (temp. subject to S.I. 1991/2698, arts. 3, 4) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 10

Modifications etc. (not altering text)

C1 S. 82(2)–(4) applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

Valid from 06/08/2004

[F2 82A Application to the Crown E+W

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

(2) These are the provisions—

(a) section 9;

(b) section 11(6);

(c) section 21(7);

(d) section 42(1), (5) and (6);

(e) section 43;

(f) section 44A;

(g) section 54;

(h) section 55;

(i) section 59;

(j) section 88A.

(3) 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.]

Textual Amendments

F2 S. 82A inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(2), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

Valid from 06/08/2004

[F3 82B Urgent works relating to Crown land: application E+W

(1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—

(a) that the works are of national importance, and

(b) that it is necessary that the works are carried out as a matter of urgency.

(2) 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.

(3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice—

(a) describing the proposed works, and

(b) stating that the authority proposes to make the application to the Secretary of State.

(4) 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.

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

(6) 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.

(7) 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.

(8) 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.

(9) The Secretary of State must consult—

(a) the local planning authority for the area to which the proposed development relates, and

(b) such other persons as may be prescribed,

about the application.

(10) 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).

(11) 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.]

Textual Amendments

F3 S. 82B inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 83(1), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

Valid from 06/08/2004

[F4 82C Expressions relating to the Crown E+W

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

(2) Crown land is land in which there is a Crown interest or a Duchy interest.

(3) A Crown interest is any of the following—

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

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

(c) such other interest as the Secretary of State specifies by order.

(4) A Duchy interest is—

(a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or

(b) an interest belonging to the Duchy of Cornwall.

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

(6) The appropriate authority in relation to any land is—

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

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

(c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

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

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

(f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;

(g) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

(h) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.

(7) 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.

(8) 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.

(9) For the purposes of subsection (8) the Crown includes—

(a) the Duchy of Lancaster;

(b) the Duchy of Cornwall;

(c) a person who is an appropriate authority by virtue of subsection (6)(g) and (h).

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

(11) An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.

(12) 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.]

Textual Amendments

F4 S. 82C inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(4), 121(1), Sch. 3 para. 7 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

Valid from 07/06/2006

[F5 82D Enforcement in relation to the Crown E+W

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

(2) 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.

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

(4) 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.

(5) A step taken for the purposes of enforcement includes—

(a) entering land;

(b) bringing proceedings;

(c) the making of an application.

(6) A step taken for the purposes of enforcement does not include—

(a) service of a notice;

(b) the making of an order (other than by a court).

Textual Amendments

F5 Ss. 82D, 82E inserted (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 84(3), 121(1) (with s. 111); S.I. 2006/1281, art. 2(a)

Valid from 07/06/2006

82E References to an interest in land E+W

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

(2) 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.

(3) An interest in land includes an interest only as occupier of the land.]

Textual Amendments

F5 Ss. 82D, 82E inserted (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 84(3), 121(1) (with s. 111); S.I. 2006/1281, art. 2(a)

Valid from 06/08/2004

82F Applications for listed building or conservation area consent by Crown E+W

(1) This section applies to an application for listed building consent or conservation area consent made by or on behalf of the Crown.

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

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

83 Exercise of powers in relation to Crown land. E+W

(1) Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

(a) a building which for the time being is Crown land may be included in a list compiled or approved by the Secretary of State under section 1;

(b) any restrictions imposed or powers conferred by sections 1 to 26, 32 to 46, 54 to 56, 59 to 61, 66(1), 67, 68, 73 or 76 or Schedule 1, 2 or 3 shall apply and be exercisable in relation to Crown land to the extent of any interest in it for the time being held otherwise than by or on behalf of the Crown;

(c) any power to acquire land compulsorily under section 47 may be exercised in relation to any interest in the land which is for the time being held otherwise than by or on behalf of the Crown.

(2) Except with the consent of the appropriate authority—

(a) no notice shall be issued or served under section 38 in relation to land which for the time being is Crown land;

(b) no interest in land which for the time being is Crown land shall be acquired compulsorily under section 47.

(3) No listed building enforcement notice shall be issued in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.

(4) No listed building purchase notice shall be served in relation to any interest in Crown land unless—

(a) an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on terms that the price payable for it—

(i) shall be equal to the compensation which would be payable in respect of it if it were acquired in pursuance of such a notice, or

(ii) in default of agreement, shall be determined in a similar manner to that in which that compensation would be determined; and

(b) that offer has been refused by the appropriate authority.

(5) In this section—

• “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.

(6) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated as having an interest in land for the purposes of subsection (1)(b) so far as applicable to sections 1 to 26, 38 to 46, 54 to 56, 59 to 61, 66(1), 67, 68, 73 and 76 and Schedule 1, 2 or 3.

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

(a) in relation to 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.

(8) 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.

Modifications etc. (not altering text)

C2 S. 83(1)(b), (3)(4) applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C3 S. 83(5) extended (23.6.1999) by S.I. 1999/1736, art. 11(1)

C4 S. 83(7)(b) modified (17.7.1992) by S.I. 1992/1732, art. 2(4)(b)

84 Application for listed building or conservation area consent in anticipation of disposal of Crown land. E+W

(1) This section has effect for the purpose of enabling Crown land, or an interest in Crown land, to be disposed of with the benefit of listed building consent or conservation area consent.

(2) Notwithstanding the interest of the Crown in the land in question, an application for any such consent may be made—

(a) by the appropriate authority; or

(b) by any person authorised by that authority in writing;

and, subject to subsections (3) and (4), all the statutory provisions relating to the making and determination of any such application shall accordingly apply as if the land were not Crown land.

(3) Any listed building consent or conservation area consent granted by virtue of this section shall apply only—

(a) to works carried out after the land in question has ceased to be Crown land; and

(b) so long as that land continues to be Crown land, to works carried out by virtue of a private interest in the land.

(4) The Secretary of State may by regulations—

(a) modify or exclude any of the statutory provisions referred to in subsection (2) in their application by virtue of that subsection and any other statutory provisions in their application to consents granted or made by virtue of this section;

(b) make provision for requiring a local planning authority to be notified of any disposal of, or of an interest in, any Crown land in respect of which an application has been made by virtue of this section; and

(c) make such other provision in relation to the making and determination of applications by virtue of this section as he thinks necessary or expedient.

(5) This section shall not be construed as affecting any right to apply for any listed building consent or conservation area consent in respect of Crown land in a case in which such an application can be made by virtue of a private interest in the land.

(6) In this section—

• “statutory provisions” means provisions contained in or having effect under any enactment;

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

and references to the disposal of an interest in Crown land include references to the grant of an interest in such land.

(7) Subsections (5), (7) and (8) of section 83 apply for the purposes of this section as they apply for the purposes of that section.

(8) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of this section as having an interest in land and references to the disposal or grant of an interest in Crown land and to a private interest in such land shall be construed accordingly.

85 British Coal. E+W

(1) The Secretary of State for the Environment and the Secretary of State for Energy with the consent of the Treasury may by regulations direct that any of the provisions of sections 1(1) to (5), 2(1) to (3) [F6 41(8)], 51, 52, 83, 88 (except subsection (3)) and 90(1) to (6) relating to statutory undertakers and land of such undertakers and any of the other provisions of this Act as they have effect for the purposes of any of those provisions shall apply to the British Coal Corporation as if it were a statutory undertaker.

(2) Such regulations may apply those provisions subject to such adaptations, modifications and exceptions as may be specified in the regulations.

Textual Amendments

F6 “41(8)” inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 10

86 Ecclesiastical property. E+W

(1) Without prejudice to the provisions of the M1 Acquisition 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 Church Commissioners.

(2) Where the fee simple of any ecclesiastical property is in abeyance—

(a) if the property is situated in England, then for the purposes of section 11, this subsection (other than paragraph (b)) and sections 62, 63 and 83(1) and any other provisions of this Act so far as they apply or have effect for the purposes of any of those provisions, the fee simple shall be treated as being vested in the Church Commissioners;

(b) in any case, the fee simple shall, for the purposes of a compulsory acquisition of the property under section 47, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3) Any compensation payable under section 29 in respect of land which is ecclesiastical property—

(a) shall [F7 in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case)]be applied by them 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.

(4) In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F8 or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976].

Textual Amendments

F7 Words in s. 86(3) substituted (25.9.1991 subject to a saving in S.I. 1991/2067, art. 4(3)(4)) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), s. 70, Sch. 15 Pt. II para. 31(1); S.I. 1991/2067, arts.3, 4(3)(4)

F8 Words in s. 86(4) added (25.9.1991 subject to a saving in S.I. 1991/2067, art. 4(3)(4)) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), s. 70, Sch. 15 Pt. II para. 31(2); S.I. 1991/2067, arts.3, 4(3)(4)

Marginal Citations

M1 1981 c.67.

87 Settled land. E+W

The classes of works specified in Part II of Schedule 3 to the M2 Settled Land Act 1925 (which specifies improvements which may be paid for out of capital money, subject to provisions under which repayment out of income may be required to be made) shall include works specified by the Secretary of State as being required for properly maintaining a listed building which is settled land within the meaning of that Act.

Marginal Citations

M2 1925 c.18.