The following Planning practice note provides comprehensive and up to date legal information covering:
In 1992, the government decided to progressively remove any immunities protecting government departments and Crown bodies from the usual processes and requirements of development control.
Previous immunity of the Crown from development control and the provisions of the planning regime generally, were removed by the Planning and Compulsory Purchase Act 2004. The Town and Country Planning Act 1990 (TCPA 1990) and related legislation now apply to Crown development, subject to special provisions.
In England, Planning Practice Guidance (PPG) provides government guidance on planning issues relating to Crown land.
In Wales, the Welsh government has published a letter and accompanying memorandum on the Crown application of the Planning Acts (the Welsh Guidance).
Subject to the special provisions set out below, planning legislation applies to the Crown in a similar manner as it does to other applicants. The Crown is normally required to apply to the local planning authority (LPA) for:
consent under a tree preservation order
planning permission for relevant demolition in a conservation area
hazardous substances consent
The requirements for environmental impact assessment also apply to the Crown (see: Environmental impact assessments—overview).
The special provisions that qualify the application of the normal planning rules to Crown land relate to:
additional permitted development rights—see: Crown land and additional permitted
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