Town and Country Planning Act 1984

JurisdictionUK Non-devolved
Citation1984 c. 10


Town and CountryPlanning Act 1984

1984 CHAPTER 10

An Act to make further provision with respect to the application to Crown land of the enactments relating to town and country planning; and to enable persons in occupation of land by virtue of a licence in writing to appeal against certain enforcement notices issued under those enactments.

[12th April 1984]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Application for planning permission etc. in anticipation of disposal of Crown land.

1 Application for planning permission etc. in anticipation of disposal of Crown land.

(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—

(a ) planning permission, listed building consent or conservation area consent; or

(b ) a determination under section 53 of the Act of 1971 or section 51 of the Act of 1972 (determination whether planning permission is required).

(2) Notwithstanding the interest of the Crown in the land in question, an application for any such permission, consent or determination as is mentioned in subsection (1) above may be made by—

(a ) the appropriate authority; or

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

and, subject to subsections (3) to (5) below, 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 planning permission granted by virtue of this section shall apply only—

(a ) to development 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 development carried out by virtue of a private interest in the land;

and any listed building consent or conservation area consent granted by virtue of this section shall apply only to works carried out as aforesaid.

(4) In relation to any application made by virtue of this section for any such determination as is mentioned in subsection (1)(b ) above, subsection (1) of each of the sections there mentioned shall have effect as if for the reference to an application for planning permission being required there were substituted a reference to such an application being required in the event of the proposed operations or change of use being carried out or made otherwise than by or on behalf of the Crown.

(5) The Secretary of State may by regulations—

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

(b ) make provision for requiring a local planning authority or, in Scotland, a 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.

(6) In this section ‘conservation area consent’ means consent under section 277A of the Act of 1971 or section 262A of the Act of 1972 (demolition of buildings in conservation areas), ‘statutory provisions’ means provisions contained in or having effect under any enactment and references to the disposal of an interest in Crown land include references to the grant of an interest in such land.

(7) This section shall not be construed as affecting any right to apply for any such permission, consent or determination as is mentioned in subsection (1) above 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.

(8) Any permission or consent granted before the date on which this section comes into force which would have been a valid planning permission, listed building consent or conservation area consent but for the fact that—

(a ) the land in respect of which it was granted was Crown land; and

(b ) no interest in the land was for the time being held otherwise than by or on behalf of the Crown,

shall be deemed to have been a valid planning permission, listed building consent or conservation area consent, as the case may be; but any permission or consent validated by this subsection shall have effect (and be deemed always to have had effect) as provided in subsection (3) above.

S-2 Tree preservation orders in anticipation of disposal of Crown land.

2 Tree preservation orders in anticipation of disposal of Crown land.

(1) A local planning authority or, in Scotland, a planning authority may make a tree preservation order in respect of Crown land in which no interest is for the time being held otherwise than by or on behalf of the Crown if they consider it expedient to do so for the purpose of preserving trees or woodlands on the land in the event of its ceasing to be Crown land or becoming subject to a private interest.

(2) No tree preservation order shall be made by virtue of this section except with the consent of the appropriate authority.

(3) A tree preservation order made by virtue of this section shall not take effect until the land in question ceases to be Crown land or becomes subject to a private interest, whichever first occurs.

(4) A tree preservation order made by virtue of this section shall not require confirmation under section 60 of the Act of 1971 or section 58 of the Act of 1972 until after the occurrence of the event by virtue of which it takes effect in accordance with subsection (3) above; and any such order shall by virtue of this subsection continue in force until—

(a ) the expiration of the period of six months beginning with the occurrence of that event; or

(b ) the date on which the order is confirmed,

whichever first occurs.

(5) on the occurrence of any event by virtue of which a tree preservation order takes effect in accordance with subsection (3) above the appropriate authority shall as soon as practicable give to the authority that made the order a notice in writing of the name and address of the person who has become entitled to the land in question or to a private interest in it; and the procedure prescribed under the provisions mentioned in subsection (4) above in connection with the confirmation of the order shall apply as if the order had been made on the date on which that notice is received by the authority.

(6) In section 58(4) of the Act of 1972 after the words ‘section 59 of this Act’ there shall be inserted the words ‘and section 2 of the Town and Country Planning Act 1984 (tree preservation orders in anticipation of disposal of Crown land)’.

(7) Any order made before the date on which this section comes into force which would have been a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT