DAYLIGHTING Magazine issue 28 May/June 2021

Page 25

RIGHTS TO LIGHT

Rights to Light by Royal Appointment? The Crown Estate and the Town and Country Planning Act, by Manuella Nguessan, Rapleys “The Crown estate benefits from additional permitted development rights which apply without a need for express planning permission in order to allow any critical developments to take place and in the interest of national security and defence”. Section 293 of the Town and country Planning Act 1990 defines Crown Land as land in which there is a Crown or a Duchy Interest. This is an interest belonging to a government department or held in trust for the Crown for the purposes of a government department and any interest the secretary of state specifies. This includes a collection of lands and buildings which are occupied and serve any department, office or executive agency of the Crown. The Town and Country Planning Act 2016 applies to the Crown estate in the same manner as any other

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development meaning that the Crown would be required to apply to the local authority for planning permission if they want to develop. However, the Crown estate benefits from additional permitted development rights which apply without a need for express planning permission in order to allow any critical developments to take place and in the interest of national security and defence. Examples of these include Job Centre Plus centres, courts and tribunals and up until the 1st April 2012 Post Office buildings were also part of the Crown Estate under the Royal Mail Group.

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