Contents
- 1 Citation and commencement
- 2 Town and Country Planning (Ironstone Areas Special Development) Order 1950
- 3 Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951
- 4 Local Land Charges Rules 1977
- 5 Town and Country Planning (Use Classes) Order 1987
- 6 Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987
- 7 Town and Country Planning (Applications) Regulations 1988
- 8 Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989
- 9 Planning (Listed Buildings and Conservation Areas) Regulations 1990
- 10 Planning (Hazardous Substances) Regulations 1992
- 11 Town and Country Planning (Control of Advertisements) Regulations 1992
- 12 Town and Country Planning General Regulations 1992
- 13 Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992
- 14 Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994
- 15 Conservation (Natural Habitats, &c.) Regulations 1994
- 16 Town and Country Planning (General Permitted Development) Order 1995
- 17 Town and Country Planning (General Development Procedure) Order 1995
- 18 Town and Country Planning (Minerals) Regulations 1995
- 19 The Town and Country Planning (General Development Procedure) (Welsh Forms) Order 1995
- 20 Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
- 21 Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997
- 22 Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
- 23 Town and Country Planning (Trees) Regulations 1999
- 24 Town and Country Planning (Inquiries Procedure) (England) Rules 2000
- 25 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000
- 26 Town and Country Planning (Hearings Procedure) (England) Rules 2000
- 27 Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000
- 28 Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002
- 29 Landfill (England and Wales) Regulations 2002
- 30 Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002
- 31 Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002
- 32 Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002
- 33 Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002
- 34 Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002
- 35 Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003
- 36 Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003
- 37 Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003
- 38 Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003
- 39 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003
- 40 Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003
- 41 Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003
- 42 Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003
- 43 Town and Country Planning (Hearings Procedure) (Wales) Rules 2003
- 44 Town and Country Planning (Timetable for Decisions) (England) Order 2005
- 45 Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005
- 46 Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005
- Schedule 1
- Schedule 2 Modifications to the town and country planning (inquiries procedure) (england) rules 2000
- Schedule 3 Modifications to the town and country planning (major infrastructure project inquiries procedure) (england) rules 2002
- Schedule 4 Modifications to the town and country planning (enforcement) (inquiries procedure) (england) rules 2002
- Schedule 5 Modifications to the town and country planning (inquiries procedure) (wales) rules 2003
- Schedule 6 Modifications to the town and country planning (enforcement) (inquiries procedure) (wales) rules 2003
- Schedule 7 Modifications to the town and country planning (major infrastructure project inquiries procedure) (england) rules 2005
Article 1Citation and commencement#
This Order may be cited as the Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 and shall come into force on 7th June 2006.
Article 2Town and Country Planning (Ironstone Areas Special Development) Order 1950#
The Town and Country Planning (Ironstone Areas Special Development) Order 1950 applies to the Crown.
Article 3Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951#
The Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951 apply to the Crown.
Article 4Local Land Charges Rules 1977#
The Local Land Charges Rules 1977 apply to the Crown insofar as they relate to planning charges.
Article 5Town and Country Planning (Use Classes) Order 1987#
(1)The Town and Country Planning (Use Classes) Order 1987 applies to the Crown with, in relation to England, the following modifications.
(2)In Part C of the Schedule, after class C2 (residential institutions) insert—“Class C2A. Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.”
(3)In Part D of the Schedule, in class D1 (non-residential institutions) after sub-paragraph (h) insert—“i as a law court.”
Article 6Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987#
The Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987 applies to the Crown.
Article 7Town and Country Planning (Applications) Regulations 1988#
The Town and Country Planning (Applications) Regulations 1988 apply to the Crown.
Article 8Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989#
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 apply to the Crown.
Article 9Planning (Listed Buildings and Conservation Areas) Regulations 1990#
(1)The Planning (Listed Buildings and Conservation Areas) Regulations 1990 apply to the Crown with the following modifications.
(2)In regulation 6 (certificate to accompany applications and appeals) after paragraph (5) insert—“5A The provisions of this regulation, except paragraph (3), shall apply where an application for listed building consent is made to the Secretary of State under section 82B(2) of the Act, as they apply in relation to an application which falls to be determined by the local planning authority with the following modifications—a in paragraph (1) for “A local planning authority shall not entertain any application under regulation 3 or 4” substitute “The Secretary of State shall not entertain any application under section 82B(2) of the Act”;b omit paragraph (3).”
(3)In regulation 8A(6) (use of electronic communications) after sub-paragraph (a) insert—“aa making an application under section 82B(2) of the Act for consent;”
(4)For regulation 15 (application for listed building or conservation area consent in anticipation of disposal of Crown land) substitute—“15 The following provisions of these Regulations shall, in their application to the making and determination of applications for listed building consent and conservation area consent in respect of Crown land, have effect subject to the following modifications—a in regulation 3(2), for “a certificate under regulation 6” substitute “the certificate or other document required by regulation 6 below”;b in regulation 6—i in paragraph (1) after “accompanied by” insert “the documents described in paragraph (1A) below or,” andii after paragraph (1) insert—1A An application for listed building or conservation area consent in respect of Crown land shall be accompanied by—a a statement that the application is made in respect of Crown land; andb where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.”
(5)In Part 2 of Schedule 2 (certificates under regulation 6)—
(a)for “Council” substitute “[Council] [Secretary of State]*” in each place where the word occurs; and
(b)in note (f) after “council” insert “or the Secretary of State as appropriate”.
Article 10Planning (Hazardous Substances) Regulations 1992#
The Planning (Hazardous Substances) Regulations 1992 apply to the Crown as if, in regulation 4 (exemptions), after paragraph (1) there were inserted—“1A Hazardous substances consent is not required for the presence of a hazardous substance in, on, over or under land at military establishments, installations or storage facilities.”
Article 11Town and Country Planning (Control of Advertisements) Regulations 1992#
The Town and Country Planning (Control of Advertisements) Regulations 1992 except for regulation 27 (contravention of Regulations) apply to the Crown.
Article 12Town and Country Planning General Regulations 1992#
Regulation 16 of, and Schedule 2 to, the Town and Country Planning General Regulations 1992 (notices and counter-notices relating to planning blight) apply to the Crown.
Article 13Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992#
The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 apply to the Crown.
Article 14Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994#
The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 applies to the Crown.
Article 15Conservation (Natural Habitats, &c.) Regulations 1994#
Part 4 of the Conservation (Natural Habitats, &c.) Regulations 1994 (adaptation of planning and other controls) applies to the Crown as if, in regulation 54(1) (grant of planning permission), after sub-paragraph (a) there were inserted—“aa granting planning permission on an application under section 293A of that Act (urgent Crown development);”
Article 16Town and Country Planning (General Permitted Development) Order 1995#
(1)The Town and Country Planning (General Permitted Development) Order 1995 applies to the Crown with, in relation to England, the following modifications.
(2)In article 1(2) (interpretation)—
(a)in the definition of “building” for “and Class A of Part 31” substitute “, Class A of Part 31 and Class C of Part 38”;
(b)after the definition of “classified road” insert—“• “Crown land” has the meaning given by section 293 of the Act;”
(c)after the definition of “Notification Regulations” insert—“• “operational Crown building” means a building which is operational Crown land;• “operational Crown land” means—(a) Crown land which is used for operational purposes; and(b) Crown land which is held for those purposes,but does not include—(a) land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes;(ii) Crown land—(aa) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;(bb) in which there is an interest belonging to Her Majesty in right of Her private estates;(cc) in which there is an interest belonging to Her Majesty in right of the Duchy of Lancaster; or(dd) belonging to the Duchy of Cornwall;• “operational purposes” means the purposes of carrying on the functions of the Crown or of either House of Parliament;”
(d)for the definition of “original” substitute—“• “original” means—(a) in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;(b) in relation to a building which is Crown land on 7th June 2006, as existing on that date and, in relation to a building built on or after 7th June 2006 which is Crown land on the date of its completion, as so built;”
(3)After paragraph (12) of article 1 insert—“13 For the purposes of this Order, development carried out by or on behalf of any person in whom control of accommodation in any part of the Palace of Westminster or its precincts is vested shall be treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.”
(4)In article 3(12) (permitted development) after sub-paragraph (f) insert—“g development for which permission is granted by Class B of Part 13.”
(5)In article 4(3) (directions restricting permitted development)—
(a)after sub-paragraph (a) insert—“aa development permitted by Class B of Part 13;ab development permitted by Part 37 or Part 38;”
(b)in sub-paragraph (b) after “emergency” insert “other than development permitted by Part 37”.
(6)In Schedule 2 (permitted development)—
(a)for Part 13 (development by local highway authorities) substitute Part 13 as set out in Part 1 of Schedule 1 to this Order; and
(b)after Part 33 (closed circuit television cameras) insert Parts 34 to 38 as set out in Part 2 of that Schedule.
Article 17Town and Country Planning (General Development Procedure) Order 1995#
(1)The Town and Country Planning (General Development Procedure) Order 1995 applies to the Crown with, in relation to England, the following modifications.
(2)For article 4A (applications in respect of Crown land) substitute—“4A 1 An application for planning permission in respect of Crown land shall be accompanied by—a a statement that the application is made in respect of Crown land; andb where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.”
(3)In article 8 (publicity for applications for planning permission) after paragraph (7) insert—“7A This article applies to applications made to the Secretary of State under section 293A of the Act (urgent Crown development) as if the references to a local planning authority were references to the Secretary of State.”
(4)After article 10 (consultations before the grant of planning permission) insert—“10A 1 Article 10 applies in relation to applications made to the Secretary of State under section 293A of the Act with the following modifications.2 For paragraphs (1), (1A), and (1B) substitute—1 Before granting planning permission for development which, in his opinion, falls within a category set out in the table below, the Secretary of State shall consult the authority or person mentioned in relation to that category, except where—a the authority or person so mentioned has advised the Secretary of State that they do not wish to be consulted; orb the development is subject to any standing advice provided by the authority or person so mentioned to the Secretary of State in relation to the category of development.1A The exception in paragraph (1)(a) shall not apply where, in the opinion of the Secretary of State, development falls within paragraph (zb) of the table below.1B The exception in paragraph (1)(b) shall not apply where—a the development is an EIA development; orb the standing advice was issued more than two years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority or person within that period.3 In the table after paragraph (b) insert—4 Omit paragraph (3).5 In paragraph (4)—a for “a local planning authority are” substitute “the Secretary of State is”;b in sub-paragraph (a) for “they” substitute “he”.6 In paragraph (5) for “local planning authority” substitute “Secretary of State”.”
(5)In article 19(3) (representations to be taken into account) for “of the Act (reference of applications to the Secretary of State)” substitute “(reference of applications to the Secretary of State) and section 293A(2) (applications for urgent Crown development) of the Act”.
(6)In article 25 (register of applications)—
(a)in paragraph (4)(d) after “whether on appeal” insert “, on an application under section 293A(2) of the Act (applications for urgent Crown development)”;
(b)in paragraph (9) for “Every” substitute “Subject to paragraph (9A), every”; and
(c)after paragraph (9) insert—“9A A copy of any application made under section 293A(2) of the Act (applications for urgent Crown development) and of any plans and drawings submitted in relation to it shall be placed on the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.”
(7)In Part 1 of Schedule 2 (notices under articles 6 and 9)—
(a)in the first notice—
(i)for “Council” substitute “[Council] [Secretary of State]†” in each place where the word occurs; and
(ii)in note (05) after “Council” insert “or the Secretary of State as appropriate”;
(b)in the second notice—
(i)for “Council” substitute “[Council] [Secretary of State]†” in each place where the word occurs; and
(ii)in note (g) after “Council” insert “or the Secretary of State as appropriate”.
Article 18Town and Country Planning (Minerals) Regulations 1995#
The Town and Country Planning (Minerals) Regulations 1995 apply to the Crown.
Article 19The Town and Country Planning (General Development Procedure) (Welsh Forms) Order 1995#
(1)The Town and Country Planning (General Development Procedure) (Welsh Forms) Order 1995 applies to the Crown and is modified as follows.
(2)In Part 1 of Schedule 2 (notices under articles 6 and 9)—
(a)in the first notice—
(i)for “i Gyngor” substitute “[i Gyngor] [i Gynulliad Cenedlaethol Cymru]†”;
(ii)for “i'r Cyngor” substitute “at[y Cyngor] [Gynulliad Cenedlaethol Cymru]†”;
(iii)in footnote (c) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol”; and
(iv)in footnote (e) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol”;
(b)in the second notice—
(i)for “i Gyngor” substitute “[i Gyngor] [i Gynulliad Cenedlaethol Cymru]†”;
(ii)for “y Cyngor” substitute “[y Cyngor] [Gynulliad Cenedlaethol Cymru]†”;
(iii)in footnote (c) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol” and
(iv)in footnote (g) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol”.
Article 20Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997#
The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 apply to the Crown.
Article 21Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997#
The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997 apply to the Crown.
Article 22Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999#
(1)The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply to the Crown with the following modifications.
(2)In regulation 8 (application referred to the Secretary of State without an environmental statement)—
(a)in paragraph (1)—
(i)before “referred” insert “made or”; and
(ii)before “referral” insert “making or the”; and
(b)in paragraph (2) before “referred” insert “made or”.
Article 23Town and Country Planning (Trees) Regulations 1999#
(1)The Town and Country Planning (Trees) Regulations 1999 apply to the Crown with the following modifications.
(2)In regulation 10(1) (trees in conservation areas-exemptions) after sub-paragraph (a) insert—“aa the cutting down, uprooting, topping or lopping of a tree by, or on behalf of, the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision;”
(3)In the Schedule (form of tree preservation order) in article 5(1) (exemptions) after paragraph (a) insert—“aa the cutting down, topping, lopping or uprooting of a tree where that work is required to enable the implementation of an order made or confirmed under paragraph 8(1) or paragraph 15(1) of Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes);ab the cutting down, topping, lopping or uprooting of a tree where that work is urgently necessary for national security purposes;”
Article 24Town and Country Planning (Inquiries Procedure) (England) Rules 2000#
(1)The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 apply to the Crown with the following modifications.
(2)After rule 23 (Mayor of London) insert—“23A 1 The modifications set out in Part 1 of the Schedule shall have effect where a direction is given by the Secretary of State under—a section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); orb paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).2 The modifications set out in Part 2 of the Schedule shall have effect where either section 293A of the Planning Act (urgent Crown development) or section 82B of the Listed Buildings Act (urgent works relating to Crown land), or both, apply.”
(3)At the end of the Rules add the Schedule set out in Schedule 2 to this Order.
Article 25Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000#
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 apply to the Crown.
Article 26Town and Country Planning (Hearings Procedure) (England) Rules 2000#
The Town and Country Planning (Hearings Procedure) (England) Rules 2000 apply to the Crown.
Article 27Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000#
The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 apply to the Crown.
Article 28Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002#
(1)The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002 apply to the Crown with the following modifications.
(2)After rule 25 (Mayor of London) insert—“25A The modifications set out in the Schedule shall have effect where a direction is given by the Secretary of State under—a section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); orb paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).”
(3)At the end of the Rules add the Schedule set out in Schedule 3 to this Order.
Article 29Landfill (England and Wales) Regulations 2002#
The Landfill (England and Wales) Regulations 2002 apply to the Crown insofar as they relate to planning permission for landfill.
Article 30Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002#
The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 apply to the Crown subject to the modification that, for regulation 7 (notification of appeal to the local planning authority) there is substituted—“7 1 On receipt of the statement under regulation 6 the Secretary of State shall notify the local planning authority in writing that an appeal has been made and copy to them the appeal and, subject to paragraph (2), the statement made under regulation 6.2 Nothing in paragraph (1) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s opinion, public disclosure of that information would be contrary to the national interest.”
Article 31Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002#
(1)The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 apply to the Crown with the following modifications.
(2)In regulation 7 (representations)—
(a)in paragraph (6) after “and shall” insert “, subject to paragraph (7A),”;
(b)in paragraph (7) after “receipt” insert “and subject to paragraph (7A)”; and
(c)after paragraph (7) insert—“7A Nothing in paragraph (6) or (7) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s opinion, public disclosure of that information would be contrary to the national interest.”
(3)In regulation 8 (third party representations)—
(a)at the beginning of paragraph (2)(a) insert “subject to paragraph (2A),”; and
(b)after paragraph (2) insert—“2A Nothing in paragraph (2)(a) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s opinion, public disclosure of that information would be contrary to the national interest.”
Article 32Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002#
(1)The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 apply to the Crown with the following modifications.
(2)In rule 5 (hearing statements)—
(a)in paragraph (5) for “The Secretary of State” substitute “Subject to paragraph (5A), the Secretary of State”; and
(b)after paragraph (5) insert—“5A Nothing in paragraph (5) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s view, public disclosure of that information would be contrary to the national interest.”
Article 33Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002#
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 apply to the Crown.
Article 34Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002#
(1)The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 apply to the Crown with the following modifications.
(2)After rule 25A (withdrawal of consent to use of electronic communications) insert—“25B The modifications set out in the Schedule shall have effect where a direction is given by the Secretary of State under—a section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); orb paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).”
(3)At the end of the Rules add the Schedule set out in Schedule 4 to this Order.
Article 35Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003#
The Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003 apply to the Crown.
Article 36Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003#
The Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003 apply to the Crown subject to the modification that, for regulation 6 (notification of appeal to the local planning authority) there is substituted—“6 1 Upon receipt of the statement under regulation 5, the National Assembly must notify the local planning authority in writing that an appeal has been made and copy to the local planning authority the appeal and the statement made under regulation 5.2 Nothing in paragraph (1) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the opinion of either the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.”
Article 37Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003#
(1)The Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003 apply to the Crown with the following modifications.
(2)In regulation 7 (representations)—
(a)in paragraph (6) after “and must” insert “, subject to paragraph (7A),”;
(b)in paragraph (7) after “receipt” insert “and subject to paragraph (7A)”; and
(c)after paragraph (7) insert—“7A Nothing in paragraph (6) or (7) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the opinion of either the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.”
(3)In regulation 8 (third party representations)—
(a)at the beginning of paragraph (2)(a) insert “subject to paragraph (2A),”; and
(b)after paragraph (2) insert—“2A Nothing in paragraph (2)(a) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the opinion of either the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.”
Article 38Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003#
(1)The Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown with the following modifications.
(2)After rule 22A (Withdrawal of consent to use of electronic communications) insert—“22B 1 The modifications set out in Part 1 of the Schedule have effect where a direction is given by the National Assembly or the Secretary of State under—a section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); orb paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).2 The modifications set out in Part 2 of the Schedule have effect where either section 293A of the Planning Act (urgent Crown development) or section 82B of the Listed Buildings Act (urgent works relating to Crown land), or both, apply.”
(3)At the end of the Rules add the Schedule set out in Schedule 5 to this Order.
Article 39Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003#
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown.
Article 40Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003#
(1)The Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003 apply to the Crown with the following modifications.
(2)In rule 5 (hearing statements)—
(a)in paragraph (5) for “The National Assembly” substitute “Subject to paragraph (5A), the National Assembly”; and
(b)after paragraph (5) insert—“5A Nothing in paragraph (5) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the view of the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.”
Article 41Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003#
(1)The Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown with the following modifications.
(2)After rule 25A (withdrawal of consent to use of electronic communications) insert—“25B The modifications set out in the Schedule have effect where a direction is given by the National Assembly or the Secretary of State under—a section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); orb paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the National Assembly or the Secretary of State).”
(3)At the end of the Rules add the Schedule set out in Schedule 6 to this Order.
Article 42Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003#
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown.
Article 43Town and Country Planning (Hearings Procedure) (Wales) Rules 2003#
The Town and Country Planning (Hearings Procedure) (Wales) Rules 2003 apply to the Crown.
Article 44Town and Country Planning (Timetable for Decisions) (England) Order 2005#
The Town and Country Planning (Timetable for Decisions) (England) Order 2005 applies to the Crown.
Article 45Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005#
The Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 apply to the Crown.
Article 46Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005#
(1)The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 apply to the Crown with the following modifications.
(2)After rule 27 (Mayor of London) insert—“27A The modifications set out in the Schedule shall have effect where a direction is given by the Secretary of State under—a section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); orb paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).”
(3)At the end of the Rules add the Schedule set out in Schedule 7 to this Order.
Schedule 1
Part 1
Part 2
Schedule 2 · Modifications to the town and country planning (inquiries procedure) (england) rules 2000
Schedule 3 · Modifications to the town and country planning (major infrastructure project inquiries procedure) (england) rules 2002
Schedule 4 · Modifications to the town and country planning (enforcement) (inquiries procedure) (england) rules 2002
Schedule 5 · Modifications to the town and country planning (inquiries procedure) (wales) rules 2003
Schedule 6 · Modifications to the town and country planning (enforcement) (inquiries procedure) (wales) rules 2003
Schedule 7 · Modifications to the town and country planning (major infrastructure project inquiries procedure) (england) rules 2005
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