Background to Crown’s immunity from development control
In 1992, the government decided to progressively remove any immunities protecting government departments and Crown bodies from the usual processes and requirements of planning control.
Previous immunity of the Crown from planning 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.
Government guidance
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).
Special provisions qualifying the application of normal planning rules and requirements to the Crown
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:
- •
planning permission
- •
consent
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Control definition
What does Control mean?
[has the meaning given to it in section 1124 of the Corporation Tax Act 2010 OR means the ownership'>beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company] and the expression change of control shall be construed accordingly;
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