1992 No. 2683

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Crown Land Applications) Regulations 1992

Made

Laid before Parliament

Coming into force

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 299(5) and 333(1) of the Town and Country Planning Act 19901 and all other powers enabling them in that behalf, hereby make the following Regulations—

1

1

These Regulations may be cited as the Town and Country Planning (Crown Land Applications) Regulations 1992 and shall come into force on 26th November 1992.

2

In these Regulations—

  • the Act” means the Town and Country Planning Act 1990;

  • the Order” means the Town and Country Planning General Development Order 19882.

2

The Act and the Order shall, in their application, by virtue of section 299(2) of the Act3, to the making and determination of applications in respect of Crown land for planning permission or for a certificate under section 192 of the Act4, have effect subject to the modifications specified in the Schedule.

3

The appropriate authority shall, as soon as practicable after disposing of, or disposing of an interest in, any Crown land in respect of which planning permission has been granted or a certificate issued under section 192(2) of the Act on an application made by virtue of section 299(2) of the Act, give notice of the disposal in writing to the local planning authority to whom the application was made.

4

The Town and Country Planning (Crown Land Applications) Regulations 19845 are hereby revoked.

Michael HowardSecretary of State for the Environment
David HuntSecretary of State for Wales

SCHEDULEMODIFICATIONS OF THE ACT AND THE ORDER

The Act1

In section 72(1)(a) of the Act, for “any land under the control of the applicant (whether or not it is land in respect of which the application was made)” substitute “the land in respect of which the application was made”.

The Order

2

Before article 10 of the Order insert–

9A

Where an application for planning permission is made in respect of Crown land by virtue of section 299(2) of the Town and Country Planning Act 1990, it shall be accompanied by—

a

a statement that the application is made, by virtue of section 299(2) of that Act, in respect of Crown land; and

b

where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

3

In article 126 of the Order, after paragraph (6) insert—

7

For the purpose of this article and the certificates required by article 12A6, where an application for planning permission is made by virtue of section 299(2) of the Town and Country Planning Act 1990, the applicant shall be treated as an owner of the land and no account shall be taken of any Crown interest or Duchy interest in the land or in a mineral in the land.

4

In article 26A7 of the Order, after paragraph (2) insert—

2A

Where an application for a certificate under section 192(1) of the 1990 Act is made in respect of Crown land by virtue of section 299(2) of that Act, it shall, in addition to the documents required by paragraph (2), be accompanied by—

a

a statement that the application is made, by virtue of section 299(2) of the 1990 Act, in respect of Crown land; and

b

where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

(This note is not part of the Regulations)

Section 299 of the Town and Country Planning Act 1990 enables the appropriate authority (for example a Government Department or the Crown Estates Commissioners) or a person authorised by that authority to apply for planning permission or for a certificate of lawfulness of proposed use or development in respect of Crown land. This enables a permission or certificate to be obtained in anticipation of the disposal of such land.

These Regulations modify provisions of the 1990 Act and the Town and Country Planning General Development Order 1988 in relation to applications made by virtueof section 299 (regulation 2 and the Schedule). They also require the appropriate authority to give the local planning authority notice of any disposal of Crown land (or an interest in it) following a successful application in relation to the land under section 299 (regulation 3).

These Regulations supersede the Town and Country Planning (Crown Land Applications) Regulations 1984, which are revoked (regulation 4).