The Visiting Forces and International Headquarters (Application of Law) Order 1999

Town and country planning

11.—(1) The Town and Country Planning Act 1990(1), the Planning (Listed Buildings and Conservation Areas) Act 1990(2) and the Planning (Hazardous Substances) Act 1990(3) (referred to collectively below as “the Planning Acts”) shall apply to land—

(a) in which an interest is held by or on behalf of a visiting force or headquarters, and

(b) which is used for the purposes of that force or headquarters,

to the extent that it applies to Crown land within the meaning of respectively section 293(1) of the Town and Country Planning Act 1990, section 83(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, and section 31(3) of the Planning (Hazardous Substances) Act 1990.

(2) In their application to land such as is mentioned in paragraph (1), the Planning Acts shall have effect as if in those Acts—

(a) any reference to Crown land included a reference to such land;

(b) any reference to the Crown included a reference to the visiting force or headquarters; and

(c) any reference to the appropriate authority was a reference to the Ministry of Defence.

(3) Paragraphs (1) and (2) shall apply to Scotland with the substitution—

(a) for references to the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, and the Planning (Hazardous Substances) Act 1990 of references respectively to the Town and Country Planning (Scotland) Act 1997(4), the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(5) and the Planning (Hazardous Substances) (Scotland) Act 1997(6); and

(b) in paragraph (1), for the words from “Crown land” to the end of the paragraph of the words—

• “Crown land within the meaning of respectively section 242(1) of the Town and Country Planning (Scotland) Act 1997, section 74(6) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and section 31(3) of the Planning (Hazardous Substances) (Scotland) Act 1997.”

(4) Paragraphs (1) and (2) shall apply to Northern Ireland with—

(a) the omission of references to the Planning (Listed Buildings and Conservation Areas) Act 1990, and the Planning (Hazardous Substances) Act 1990; and

(b) the substitution—

(i) for the reference to the Town and Country Planning Act 1990 of a reference to the Planning (Northern Ireland) Order 1991(7); and

(ii) in paragraph (1), for the reference to section 293(1) of that Act of a reference to section 118(1) of that Order.

(1)

1990 c. 8.

(2)

1990 c. 9.

(3)

1990 c. 10.

(4)

1997 c. 8.

(5)

1997 c. 9.

(6)

1997 c. 10.

(7)

S.I. 1991/1220 (N.I. 11).