Date set for end of Crown Immunity

Ministers have settled on the date from when the Crown will no longer be able to claim immunity from English planning law.

Crown Immunity, which dates from the 1960s and covers the activities of government departments (including the Ministry of Defence and the Home Office) will end on 7 June, when new primary and secondary legislation comes into force.

Under provisions in the Planning and Compulsory Purchase Act and following secondary legislation, the Crown will have to apply for planning permission from their local planning authority, in the same way as private developers.

At present, Crown Immunity includes all government departments, executive agencies, Her Majesty's private estates, the Duchies of Cornwall and the Crown Estate Commissioners. Part of the Palace of Westminster is Crown land and the remainder is treated as if it were for planning purposes.

As well as having to obtain permission for development the Crown will be subject to the same rights to appeal.

As a result of these measures there will be a new use class for secure residential accommodation (i.e. prisons and immigration centres) and a new set of permitted development rights similar to those enjoyed by local authorities and relevant statutory undertakers.

There are also special provisions for emergencies and development which has national security implications.

Where a Crown body does not disclose full details of a development on the grounds of national security, and it believes that the LPA would turn down the application down due to lack of information, it would normally ask the Secretary of State to call in the proposal.

In these circumstances the SoS can restrict disclosure of sensitive information to certain parties during the inquiry. Those not allowed access to certain material will have a special advocate to represent their interests.

In very rare circumstances where a Crown body can make a case that a development is both of national importance and needed urgently, it will be able to apply directly to the SoS and the public inquiry can be fast-tracked.

Although under the new regime, LPAs will be able issue enforcement notices against Crown bodies for breaches of planning control, they will not be able to enter Crown land without permission or prosecute a Crown body for failure to comply.

Lord's planning minister Baroness Kay Andrews said: "The government is committed to making sure the planning system is fair and efficient and so it is right that the Crown is subjected to the same controls as private developers."

View the 'Planning and Compulsory Purchase Act 2004' here.

Roger Milne

25 May 2006