COMMENTED by
The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (Note)

EXTENDED by
The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (Memo)

The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006

STATUTORY INSTRUMENTS

2006 No. 1282

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006

Made 10th May 2006

Laid before Parliament 17th May 2006

Coming into force 7th June 2006

The Secretary of State, in exercise of the powers conferred by sections 55(2)(f), 59, 60, 61(1) and 293A of the Town and Country Planning Act 1990[1] and sections 88 and 122(3) of the Planning and Compulsory Purchase Act 2004[2] makes the following Order:

Citation and commencement

1. 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.

Town and Country Planning (Ironstone Areas Special Development) Order 1950

2. The Town and Country Planning (Ironstone Areas Special Development) Order 1950[3] applies to the Crown.

Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951

3. The Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951[4] apply to the Crown.

Local Land Charges Rules 1977

4. The Local Land Charges Rules 1977[5] apply to the Crown insofar as they relate to planning charges.

Town and Country Planning (Use Classes) Order 1987

5. -(1) The Town and Country Planning (Use Classes) Order 1987[6] 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-

Secure residential institutions

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.".

Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987

6. The Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987[7] applies to the Crown.

Town and Country Planning (Applications) Regulations 1988

7. The Town and Country Planning (Applications) Regulations 1988[8] apply to the Crown.

Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989

8. The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989[9] apply to the Crown.

Planning (Listed Buildings and Conservation Areas) Regulations 1990

9. -(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990[10] 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-

Application for listed building or conservation area consent in respect of Crown land

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," and

(ii) 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; and

(b) where the ap...

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