Crown Development and Urgent Crown Development
Source: gov.uk (2025-05-12)

Sets out special provisions for Crown Development and Urgent Crown Development for dealing with security-sensitive information in planning applications.

Definitions of Crown land

What is ‘Crown land’?

Crown land is defined in section 293 of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/293) as land in which there is a Crown interest or a Duchy interest.

‘Crown interest’ is defined as an interest belonging to His Majesty in right of the Crown or in right of his private estates, an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department, and such other interest as the Secretary of State specifies by order.

‘Duchy interest’ is defined as an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

All parts of the Palace of Westminster and both Houses of Parliament are either defined as Crown land or treated as if they were Crown land under the Planning (Application to the Houses of Parliament) Order 2006 (https://www.legislation.gov.uk/uksi/2006/1469/contents/made).

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What is ‘operational Crown land’ and which Crown bodies own or manage such land?

Operational Crown land is land owned or managed by Crown bodies which is used or held for operational purposes. These purposes relate to the carrying out of the functions of the Crown body. Operational Crown land benefits from the additional permitted development rights (https://www.gov.uk/guidance/crown-development#crown-permitted-development-rights) in Part 19 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/made).

Examples of Crown bodies that have operational land include:
- Driver and Vehicle Standards Agency (DVSA) and the Department for Transport – responsible for DVSA test stations;
- the Ministry of Defence – responsible for a wide range of military bases, training and research facilities;
- the Department for Culture, Media and Sport – responsible for the management of the occupied Royal Palaces and the Royal Parks, and for the unoccupied Royal Palaces, the management of which it has contracted out to Historic Royal Palaces;
- the Security and Intelligence Agencies (comprising the Secret Intelligence Service (SIS), the Security Service (MI5) and the Government Communications Headquarters (GCHQ));
- the Ministry of Justice – responsible for Custodial (prison) estate, Courts, Approved Premises and Probation Offices;
- the Forestry Commission – responsible for the management of the Public Forest Estate.
Crown land that is effectively domestic land or private sector commercial land – for example a body’s own offices, His Majesty’s private estates, land of the Duchies of Lancaster and Cornwall and the Crown Estate – do not form part of operational Crown land.

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Application to the Crown

Which planning rules apply to the Crown?

The Planning Acts (https://www.legislation.gov.uk/ukpga/1990/8/section/336) apply to the Crown in a similar manner as they do to other applicants. This means that the Crown is normally required to apply for planning permission, consent under a Tree Preservation Order (https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas), listed building consent (https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment#planning-permission-listed-buildings), planning permission for relevant demolition in a conservation area (https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment#planning-permission-conservation-area) and hazardous substances consent (https://www.gov.uk/guidance/hazardous-substances#purpose-of-hazardous-substances-consent).

As part of the Levelling-up and Regeneration Act 2023 (https://www.legislation.gov.uk/ukpga/2023/55/section/109) (LURA) a new route to securing planning permission for Nationally Important Crown Development (#nationally-important-crown-development) was introduced into the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/part/XIII). This allows an ‘appropriate authority (https://www.legislation.gov.uk/ukpga/1990/8/section/293)’ (the applicant), to apply directly to the Secretary of State for planning permission where the proposed development is of national importance.

A special procedure where development is of national importance and needed as a matter of urgency, ‘Urgent Crown Development’ (#urgent-crown-development), was updated through the LURA. This allows the appropriate authority to apply directly to the Secretary of State where development is both of national importance and needed as a matter of urgency, and applications will be subject to a simplified procedure.

Within these routes, arrangements for handling applications by the Crown (https://www.gov.uk/guidance/crown-development#planning-application-by-Crown) when details of a proposed development cannot be disclosed in the interests of national security also apply. This includes provision to prevent the disclosure of sensitive information (https://www.gov.uk/guidance/crown-development#national-security-provisions) where the Secretary of State has issued a direction under the Act to the effect that the information is sensitive.

The Crown also benefits from certain permitted development rights (#crown-permitted-development-rights) to enable the Crown bodies to carry out certain development without requiring a planning application to be made (including emergency development by the Crown and development for national security purposes).

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Who can be an applicant under the Crown Development and Urgent Crown Development routes?

For the purposes of applications under the Crown Development (#nationally-important-crown-development) and Urgent Crown Development (#urgent-crown-development) routes, the ‘appropriate authority’ (applicant) is defined in section 293 of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/293) (‘the Act’).

Where the land belongs to the Crown, the “appropriate authority” is set out under section 293(2) of the Act. For example, where the land belongs to a government department or is held in trust for His Majesty for the purposes of a government department, that government department will be the “appropriate authority” (section 293(2)(e)).

Section 293(2A) of the Act provides that where an application for planning permission (or permission in principle) is made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest, the person making the application will be the “appropriate authority”. For example, this may include where the Crown (or those acting on behalf of the Crown) wish to obtain planning permission for land they do not own before completing its acquisition.

The person making the application will be expected to demonstrate that the Crown has a sufficiently high degree of interest in, or control over, the proposed development for which planning permission, or permission in principle, is sought in order to evidence that the application is being made by or on behalf of the Crown in accordance with section 293(2A).

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Nationally Important Crown Development

What is nationally important Crown Development?

Sections 293D to 293E of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/293D) provides for the making and determination of an application for planning permission and approval of reserved matters (an application) made by or on behalf of the Crown for development that is considered to be of national importance: the ‘Crown Development’ route.

The Crown Development route allows an ‘appropriate authority (https://www.legislation.gov.uk/ukpga/1990/8/section/293)’ (applicant) to make an application directly to the Secretary of State, via the Planning Inspectorate, rather than to the local planning authority where the Secretary of State considers that the development is of ‘national importance’. The process for the Crown Development route is set out in the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (https://www.legislation.gov.uk/uksi/2025/409/contents/made) (‘the Order’).

Although the Planning Inspectorate will be responsible for determining applications under this route the Secretary of State may ‘recover’ the application for them to determine.

When making a Crown Development application, the applicant must submit a statement as to why they consider that the proposal is of national importance. The Secretary of State for Housing, Communities, and Local Government will determine whether, in their view, the proposal subject to the application is of national importance using the principles set out in the Written Ministerial Statement of 13 February 2025 (https://questions-statements.parliament.uk/written-statements/detail/2025-02-13/hcws454). The Secretary of State will in general consider a development to be of national importance only if, in their opinion, the development would:
- involve the interests of national security or of foreign governments;
- contribute towards the provision of national public services or infrastructure, such as new prisons, defence, or border infrastructure;
- support a response to international, national, or regional civil emergencies; or
- otherwise have significant economic, social, or environmental effects and strong public interest at a regional or national level.
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What should applicants do prior to submitting an application?

Prior to making an application, ‘appropriate authorities (https://www.legislation.gov.uk/ukpga/1990/8/section/293)’ (applicants) are encouraged to engage with the Crown Casework Team within the Planning Casework Unit at the earliest possible opportunity xxx@xxx.xx (mailto:xxx@xxx.xx).

Further information regarding pre-application advice for crown development planning proposals is set out in Annex B of Guidance on planning propriety: planning casework decisions (https://www.gov.uk/government/publications/planning-propriety-issues-guidance/guidance-on-planning-propriety-planning-casework-decisions#annex-b-propriety-guidance-for-handling-crown-development-and-urgent-crown-development-planning-proposals).

Pre-application engagement by prospective applicants offers significant potential to improve both the efficiency and effectiveness of the application process and the decision-making process. The pre-application engagement may also include engagement with:
- the local planning authority;
- statutory and non-statutory consultees;
- local communities; and
- other government departments and agencies whose interests may be affected by the proposal.
Further, before submitting the application under the Crown Development route, the applicant must give requisite notice of the application to any person (other than the applicant) who is an owner or an agricultural tenant of the land related to the application The applicant must certify, in a form published by the Secretary of State (https://www.gov.uk/government/publications/planning-application-forms-templates-for-local-planning-authorities), that any notice requirements have been satisfied.

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What should an application under Crown Development contain?

The requirements for an application for Crown Development are set out in Part 2 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (https://www.legislation.gov.uk/uksi/2025/409/part/2/chapter/1/made). The application must be made in writing on a form published by the Secretary of State (or a form to substantially the same effect), be accompanied by the same national information requirements (https://www.gov.uk/guidance/making-an-application#National-information-requirements) and biodiversity gain information (https://www.gov.uk/guidance/biodiversity-net-gain#biodiversity-net-gain-submitting-a-planning-application) which would be required on an application submitted to the local planning authority, and the appropriate fee (#application-fee).

In addition, the applicant will be required to submit:
- a statement setting out the reasons the applicant considers the development is of national importance; and
- where the application is made by a person authorised in writing by the applicant, a copy of that authorisation.
Additional information will be required where local information requirements (https://www.gov.uk/guidance/making-an-application#Local-information-requirements) have been set by the local planning authority as part of their local list. The Planning Inspectorate may also request further information in order to address matters raised by the application.

Applicants are strongly encouraged to engage with the Crown Casework Team in the Planning Casework Team prior to preparing an application so that the likely information requirements can be discussed: xxx@xxx.xx (mailto:xxx@xxx.xx).

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Where should an application under Crown Development be sent?

The application and associated documents are to be sent electronically to the Planning Inspectorate at: xxx@xxx.xx (mailto:xxx@xxx.xx).

A copy of the application, and associated documents, should also be sent to the Planning Casework Unit at: xxx@xxx.xx (mailto:xxx@xxx.xx).

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What happens when a Crown Development application is submitted?

When an application under the Crown Development route is submitted, the Planning Inspectorate (PINS) will check whether the application is ‘complete’, meaning all the information requirements have been met and it is accompanied by all the relevant documents (#application-contain) and the relevant fee (#application-fee). PINS will notify the applicant if there are any deficiencies in the application.

At the same time, the Secretary of State will take a view whether the proposed development is considered to be of national importance (#nationally-important-crown-development).

Once PINS determine that the application is complete, and the Secretary of State considers that the proposed development is of ‘national importance’ the application will be accepted. As soon as reasonably practicable PINS will send a notice to the applicant (https://www.legislation.gov.uk/uksi/2025/409/article/11/made) informing them that the application has been accepted and the relevant local planning authority (https://www.legislation.gov.uk/uksi/2025/409/article/13/made) (the local planning authority to which an application would otherwise have been made) will also be notified.

At the same time, the Crown Casework Team will send a notice to the relevant Member(s) of Parliament. Following this, the notification to the local Member(s) of Parliament will be deposited in the libraries of both Houses of Parliament and will include details as to where the application can be viewed and the process that will follow.

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What is the application fee for applications under the Crown Development route?

The fee for an application for planning permission under the Crown Development route is calculated on the same basis as an application submitted to the relevant local planning authority (the local planning authority to which an application would otherwise have been made). This is set out in Regulation 12 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (https://www.legislation.gov.uk/uksi/2012/2920/regulation/12).

The application fee is payable to the Planning Inspectorate upon submission of the application. PINS will confirm the amount and how it should be paid when the application and associated documents have been received.

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What consultation and publicity requirements are put in place for an application under the Crown Development route?

Where a Crown Development application is accepted the Planning Inspectorate (PINS) will, as soon as reasonably practicable, notify the relevant local planning authority (https://www.legislation.gov.uk/uksi/2025/409/article/13/made) (the local planning authority to which an application would otherwise have been made) of the application, and send them a copy of the application and supporting documents.

Once the relevant local planning authority has received notice, within 5 working days they must place a site notice on or near the application site for 21 days (https://www.legislation.gov.uk/uksi/2025/409/article/17/made), or 30 days if the application is an Environmental Impact Assessment (https://www.gov.uk/guidance/environmental-impact-assessment) application. This notice must also be sent to PINS.

It is also the local planning register authority’s responsibility to publish the application on the planning register (https://www.legislation.gov.uk/uksi/2025/409/article/19/made).

As soon as reasonably practicable after notifying the applicant that the application has been accepted the Crown Development application, PINS must publicise the application (https://www.legislation.gov.uk/uksi/2025/409/article/16/made) and make arrangements for the publication of a notice in relation to the application in a local newspaper (https://www.legislation.gov.uk/uksi/2025/409/schedule/2/made). Within 5 working days of notifying the applicant that the application has been accepted, PINS will publish on their website details of the location and a description of the proposed development and the date by which representations must be made. Standard applications will have a period of no less than 21 days for the submission of representations, or no less than 30 days if the application is an Environmental Impact Assessment application.

PINS must also consult the relevant local planning authority (https://www.legislation.gov.uk/uksi/2025/409/article/21/made) and any statutory consultees (https://www.legislation.gov.uk/uksi/2025/409/article/20/made) as set out in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/schedule/4), allowing at least 21 days for consultees to submit representations (https://www.legislation.gov.uk/uksi/2025/409/article/23/made).

Views from additional consultees will be sought in certain circumstances. For example, where the development is considered to meet the criteria for an application of potential strategic importance (PSI) in London, as defined in the Town and Country Planning (Mayor of London) Order 2008 (https://www.legislation.gov.uk/uksi/2008/580/contents), the Mayor of London will also be consulted.

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What is the role of the local planning authority in the Crown Development procedure?

The relevant local planning authority (the local planning authority to which an application would otherwise have been made) is involved throughout the Crown Development procedure. In the pre-application stage (#prior-to-application), the applicant is strongly encouraged to engage with the relevant local planning authority, unless this is considered inappropriate, for example where doing so would compromise national security.

Once the applicant has been informed that the Crown Development application has been accepted, the relevant local planning authority will be asked to provide relevant information and any relevant documents (https://www.legislation.gov.uk/uksi/2025/409/article/14/made) related to the proposal within a period specified by the Secretary of State. This ensures local planning considerations are appropriately considered by PINS. Examples of required information are whether the Community Infrastructure Levy is liable for the proposed development, relevant site history and planning policies.

The relevant local planning authority will be required to assist in publicising the application (#publicity-requirements) as set out in Article 17 of The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (https://www.legislation.gov.uk/uksi/2025/409/article/17/made). It is also the relevant local planning register authority’s responsibility to publish application and any accompanying document on the planning register.

The relevant local planning authority will also be required to assist with the hosting of hearings or inquiries.

Where representations are received by the relevant local planning authority (#publicity-requirements), the local planning authority must, as soon as reasonably practicable, forward them to the Planning Inspectorate, quoting the application reference at: xxx@xxx.xx (mailto:xxx@xxx.xx).

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What is the process of determining a Crown Development application?

Once the representation periods have closed, the Planning Inspectorate will decide the process by which an application should be determined. In the majority of cases it is expected that applications will be determined using the Hearing procedure, this is in order to enable a timely determination Where the application is subject to a direction under section 293H(7) (#sensitive-information) (and the sensitive information could be material to the determination of the application) it will be appropriate to determine the application under the inquiry procedure.

The procedures for determining Crown Development applications through written representations are contained in Articles 45 and 46 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (https://www.legislation.gov.uk/uksi/2025/409/part/4/chapter/2/made). The procedures for determining Crown Development applications through hearing and inquiries are contained in the Town and Country Planning (Crown Development Applications) (Hearings and Inquiries) Rules 2025 (https://www.legislation.gov.uk/uksi/2025/410/contents/made).

As with applications made to the local planning authority, an application under the Crown Development route will be determined in accordance with the development plan unless material considerations indicate otherwise. Once a decision is made, the decision letter will be published on a dedicated website, and provided to the applicant, the relevant local planning authority (the local planning authority to which an application would otherwise have been made), and the local planning register authority, (if different to the relevant local planning authority) for them to publish on the planning register

The local Member(s) of Parliament will also be notified when a decision has been made under the Crown Development route. This notification will be deposited in the libraries of both Houses of Parliament.

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Can the applicant submit a connected Listed Building Consent application with the Crown Development application?

The applicant may also submit a connected Listed Building application with their Crown Development application. It is encouraged that this is submitted alongside the application for planning permission, but any connected application must be received by the Planning Inspectorate (PINS) within 5 days (https://www.legislation.gov.uk/uksi/2025/409/article/28/made) of PINS notifying the applicant that the application has been accepted. The Listed Building application must:
- Be made in writing on a form published by the Secretary of State (or a form to substantially the same effect);
- Include the particulars specified in the form;
- Identify the connected Crown development application;
- Be accompanied by a plan identifying the listed building;
- Include, where the application is made by a person authorised in writing by the applicant, a copy of that authorisation;
- Any plans, drawings, and information necessary to describe the works; and
- A design and access statement which explains the design principles and concepts which have been applied to take account of the special architectural or historic importance of the building, the features which justify its designation, and the buildings setting.
*any plans or drawings must be drawn to an identified scale and showing North direction.

More information is available in Part 3 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (https://www.legislation.gov.uk/uksi/2025/409/part/3/made) and Historic environment Planning Practice Guidance (https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment).

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Does Biodiversity Net Gain apply to Crown Development?

In England, biodiversity net gain (https://www.gov.uk/guidance/biodiversity-net-gain#about-biodiversity-gain) is required under a statutory framework introduced by Schedule 7A to the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/schedule/7A). This introduced a mandatory requirement for new development to achieve the Biodiversity Gain objective for a net 10% gain in biodiversity.

Unless otherwise exempt (https://www.gov.uk/guidance/biodiversity-net-gain#para3), the grant of planning permission under the Crown Development route will be subject to the condition that the biodiversity gain objective is met (“the biodiversity gain condition”). This means there is a requirement to submit information (https://www.gov.uk/guidance/biodiversity-net-gain#biodiversity-net-gain-submitting-a-planning-application) relating to the pre-development habitat value, and for the applicant to submit a Biodiversity Gain Plan (https://www.gov.uk/guidance/biodiversity-net-gain#submission-of-the-biodiversity-gain-plan) and have this approved by the planning authority to discharge the biodiversity gain condition prior to the commencement of development.

If planning permission is granted under the Crown Development route, the decision notice will set out who is to be the planning authority for the purposes of determining the Biodiversity Gain Plan (https://www.gov.uk/guidance/biodiversity-net-gain#determination-of-the-biodiversity-gain-plan).

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Is development proposed under the Crown Development route liable to the Community Infrastructure Levy?

Development brought forward under the Crown Development route is liable to the Community Infrastructure Levy (https://www.gov.uk/guidance/community-infrastructure-levy) (“CIL”) where the relevant local planning authority (the local planning authority to which an application would otherwise have been made) charges CIL, and relevant local planning authority have a charging schedule in force for that area. Levy rates are set by CIL charging authorities and payable to the collecting authority.

If development is liable for CIL, additional information is required to determine whether a levy charge is due, and to determine the amount of CIL payable. The appropriate authority (https://www.legislation.gov.uk/ukpga/1990/8/section/293) (applicant) is required to provide additional information to accompany the application in order to help calculate CIL liability. Further advice on how the Levy operates within the planning system is set out in the Community Infrastructure Levy guidance (https://www.gov.uk/guidance/community-infrastructure-levy).

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Do the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 apply to Crown Development?

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (https://www.legislation.gov.uk/uksi/2017/571/contents) (“EIA Regulations”) only apply to certain types of development. “EIA development” is development which is either Schedule 1 or Schedule 2 development which is likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

EIA development proposed under the Crown Development route is subject to Environmental Impact Assessment (https://www.gov.uk/guidance/environmental-impact-assessment#development-covered-by-the-regulations) in accordance with the EIA Regulations, unless otherwise exempt (https://www.gov.uk/guidance/environmental-impact-assessment#crown-development). Where development is considered to be EIA development, additional requirements apply, including the requirement to prepare and submit an environmental statement to the Secretary of State and the application and environmental statement, must be publicised for 30 days before the application can be determined.

Applicants may submit screening direction and scoping direction requests to the Secretary of State in the first instance at xxx@xxx.xx (mailto:xxx@xxx.xx).

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What happens where the application for nationally important Crown Development may contain sensitive information?

Sensitive information, within the context of Crown Development, is defined in section 293H(7) of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/293H). Information is “sensitive” if the Secretary of State directs that: it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and its public disclosure would be contrary to the national interest.

Where an application under the Crown development route may involve sensitive information, the prospective applicant is advised to contact the Crown Casework Team at the earliest opportunity to discuss how to prevent the disclosure of sensitive information. It may be the case that sensitive information may not need to form part of the application, for example, if the applicant considers that the information is not material to the determination of the application. Where it does need to be included in the application the applicant may request for this information to be subject to a direction from the Secretary of State under section 293H(7) so that this sensitive information is not disclosed.

When submitting the application, the applicant is advised to attach a covering letter, requesting that sensitive information is protected and request for the direction. The letter will need to be endorsed by the applicant’s security adviser. Applicants are advised to submit any sensitive information as an annex (if appropriate to do so) so that it can be detached and kept separate from the ‘open’ information.

Article 54 of The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (https://www.legislation.gov.uk/uksi/2025/409/article/54/made) prohibits the public disclosure of sensitive information which would otherwise be disclosed through requirements in the Order.

Where sensitive information is submitted to or inspected by decision-makers, this will not be published on the planning register or otherwise be disclosed to the public. Where sensitive information forms part of the application (and could be material to the determination of the application) an inquiry procedure will be used to assess the application as opposed to a hearing.

As part of the Inquiry the Secretary of State can issue a further direction under section 321 of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/321), which prohibits the public disclosure of the sensitive information as part of the Inquiry process. Section 321 provides that the Attorney General can appoint a person to act as a “special advocate” to represent the interests of any person who will not be allowed to hear or inspect the evidence at an inquiry. Only ‘open’ information (information which is not sensitive) will be published or referenced in any report prepared by the Inspector, a ‘closed’ report would also be prepared which included or references sensitive information, but this will only be disclosed to those with necessary security clearance.

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Urgent Crown Development

Can Crown development be determined as a matter of urgency?

There is a special procedure to speed up the process for determining a planning application where there is an urgent need for the Crown to undertake nationally important development (#nationally-important-crown-development). This procedure is set out in sections 293B to 293C of the Town and Country Planning Act 1990, this is known as the ‘Urgent Crown Development’ procedure.

The Urgent Crown Development procedure introduced through the Levelling-up and Regeneration Act 2023 (https://www.legislation.gov.uk/ukpga/2023/55/section/109) replaced the special urgency procedure within section 293A of the Town and Country Planning Act, introduced in 2006 in England. If invoked, the Urgent Crown Development procedure allows an ‘appropriate authority’ (https://www.legislation.gov.uk/ukpga/1990/8/section/293) (the applicant) to make a planning application directly to the Secretary of State rather than to the local planning authority where the proposed development is of national importance and needed as a matter of urgency. The process for the Urgent Crown Development procedure is set out in the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025.

As set out in the Written Ministerial Statement of 13 February 2025 (https://questions-statements.parliament.uk/written-statements/detail/2025-02-13/hcws454) under this procedure the Secretary of State must be satisfied that nationally important development is also genuinely needed as a matter of urgency. The Secretary of State will only consider this to be the case where the applicant can demonstrate the need for an expedited planning process. The applicant will need to demonstrate that the proposed development will need to be made operational to an accelerated timeframe that is unlikely to be feasible using other application routes, including Crown Development, and will need evidence of the likely consequences of not securing a decision within the accelerated timeframe.

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What should an application under the Urgent Crown Development procedure contain?

The requirements for applications under the Urgent Crown Development procedure are set out in Part 2 of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025 (https://www.legislation.gov.uk/uksi/2025/411/contents/made). Applications must consist of:
- An application form (https://www.gov.uk/government/publications/planning-application-forms-templates-for-local-planning-authorities) published by the Secretary of State, or document to substantially the same effect, setting out the information required within the application form;
- A location plan (https://www.gov.uk/guidance/making-an-application#Plans-and-drawings) which identifies the land which is the subject of the application*;
- Any other plans, drawings or information necessary to describe the development which is the subject of the application*;
- Where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation;
- The applicant must set out the reasons why they consider that the application is acceptable in planning terms, in a statement;
- Where the appropriate authority (https://www.legislation.gov.uk/ukpga/1990/8/section/293) (applicant) is not the owner or agricultural tenant of the land, they must also provide evidence that they have given notice of their intention to submit the application and the applicant has waited to make the application until the period specified in the notice has expired or until they are satisfied that every other person who is an owner or an agricultural tenant of the land to which the application relates is aware of the proposed application.
- Relevant planning application fee (#application-fee-urgent).
*any plans or drawings must be drawn to an identified scale and showing North direction.

To pursue planning permission through the Urgent Crown Development procedure, the applicant promoting the development must be able to demonstrate that the proposed development is both of national importance and that it is required as a matter of urgency, the application must be accompanied by a statement setting this out.

It is also important to note that when considering whether to grant planning permission for development under the Urgent Crown Development procedure the Secretary of State will take into account all relevant material planning matters. To this end, the applicant must provide sufficient information to ensure that the Secretary of State can make an informed planning judgement whether planning permission should be granted. If there is insufficient information to enable an informed planning judgement, the Crown Casework Team may request further information from the applicant.

Applicants are strongly encouraged to engage with the Crown Casework Team prior to preparing an application so that the likely information requirements can be discussed: xxx@xxx.xx (mailto:xxx@xxx.xx).

Further information regarding pre-application advice for urgent crown development planning proposals is set out in Annex B of Guidance on planning propriety: planning casework decisions (https://www.gov.uk/government/publications/planning-propriety-issues-guidance/guidance-on-planning-propriety-planning-casework-decisions#annex-b-propriety-guidance-for-handling-crown-development-and-urgent-crown-development-planning-proposals).

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Where can applications under Urgent Crown Development be submitted?

Application documents can be sent electronically to a dedicated email.

Given the urgency at which applications under the Urgent Crown Development procedure will need to be processed Crown Bodies are strongly advised to contact the Crown Casework Team, within the Planning Casework Unit, prior to submitting an application. This will ensure that the application is efficiently processed, and that the application can be prioritised: xxx@xxx.xx (mailto:xxx@xxx.xx).

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Is there an application fee for applications under the Urgent Crown Development procedure?

The fee for an application for planning permission under the Urgent Crown Development procedure is calculated on the same basis as an application submitted to the relevant local planning authority (the local planning authority to which an application would otherwise have been made). This is set out in Regulation 12 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (https://www.legislation.gov.uk/uksi/2012/2920/regulation/12).

When submitting the application, please advise what you anticipate the fee will be. MHCLG will confirm the amount and how the fee should be paid on receipt of a valid application.

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What is the process once an application under Urgent Crown Development is accepted?

Once an application is accepted the ‘appropriate authority’ (https://www.legislation.gov.uk/ukpga/1990/8/section/293) (applicant) and relevant local planning authority, (the local planning authority to which an application would otherwise have been made) will be notified of the Secretary of State’s decision whether to determine the application.

The relevant local planning authority and the local planning register authority, if different, will also be notified of the website where the documents submitted as part of the application, except sensitive information relating to national security or measures taken or to be taken to ensure the security of any premises or property, have been published. The relevant local planning register authority must place the application documents on their planning register as soon as practicable after receiving this notification.

When an application has been accepted, the local Member(s) of Parliament will also be notified, this notification will set out the process to follow, including where documents can be inspected. This notification will be deposited in the libraries of both Houses of Parliament.

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What is the role of the local planning authority in the Urgent Crown Development procedure?

The Secretary of State will consult the relevant local planning authority (the local planning authority to which an application would otherwise have been made) before determining the application. The relevant local planning authority may also be asked to provide assistance as required, in particular, as the Secretary of State has no local presence, the local planning authority may be asked to assist with placing of site notices. The relevant planning authority will be required to assist in publicity of the application if the proposed development is considered Environmental Impact Assessment development (#eia-regulations).

It is also the local planning register authority’s responsibility to enter details of the application onto the planning register.

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Will applications under the Urgent Crown Development procedure be made public?

Once an application has been accepted under the Urgent Crown Development procedure, the application and any associated documents, excluding any sensitive information, will be published on a government website.

In order to help facilitate transparency and notify the communities likely to be affected by the proposal, the relevant local planning authority (the local planning authority to which an application would otherwise have been made) may also be requested to publicise the application locally. This may include placing site notices and making the application documents available for inspection at their offices. Within 5 working days of the Secretary of State sending the decision about whether to grant planning permission, to the applicant the Secretary of State will publish the decision, including reasons for reaching the decision, and any written representations received during any representation period (#consultation). The relevant local planning authority, and the local planning register authority (if different to the local planning authority) will be notified of the publication of these documents.

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What consultation is carried out within the Urgent Crown Development procedure?

Applications accepted under the Urgent Crown Development procedure will involve consultation with the relevant local planning authority (the local planning authority to which an application would otherwise have been made). Consultation must also take place with such of the following persons whose interests the Secretary of State considers would be affected by the proposed development:
- Natural England;
- Environment Agency;
- National Highways;
- Coal Authority;
- Historic England;
- The local highways authority; and
- Health and Safety Executive.
Given the urgent nature of the development to which permission is being sought, there will be a need for an expedited consultation process led by the Planning Casework Unit on behalf of the Secretary of State. This is likely to involve direct engagement between relevant stakeholders.

The Secretary of State may also consult with a technical, independent, advisor to support the decision-making process. The matters on which any advisor is asked to advise may vary from case to case. The Secretary of State may, for instance, consider the use of an independent advisor where information cannot be disclosed to the public on the grounds of national security (where the advisor would have the necessary security clearances to inspect the information).

Where the Secretary of State has requested comments from consultees within a specified period (“the representation period”), a decision on the application cannot be made until this period has elapsed, unless in the case of development which is not EIA development (#eia-regulations), before the elapse of this period all consultees have provided the Secretary of State with a substantive response (within the meaning of Article 16 of The Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025 (https://www.legislation.gov.uk/uksi/2025/411/made#article-16)). All representations and information provided by the consultees within the representation period, and by any appointed advisor, will be duly taken into account when determining the application.

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What are the arrangements for determining applications under the Urgent Crown Development procedure?

The Secretary of State may make a decision on an application under the Urgent Crown Development procedure when any representation period (#consultation) has expired or, in the case of development which is not EIA development (#eia-regulations), before the expiry of the representation period provided that the Secretary of State has received a substantive response (within the meaning of Article 16 of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025 (https://www.legislation.gov.uk/uksi/2025/411/made#article-16)) from each consultee.

Each decision will be made after consideration of the planning merits of the case, this includes taking into account relevant planning matters raised by the relevant local planning authority (the local planning authority to which an application would otherwise have been made), and consultees during the representations period (and by any independent advisor if one is appointed).

It is important that decisions made under the Urgent Crown Development procedure are fully transparent, including the reasons for coming to a decision. As soon as possible after making the decision the Secretary of State will notify the applicant and the relevant local planning authority of their decision.

Within 5 working days of sending the notice of the decision to the applicant, whether to grant planning permission, the local planning authority and the local planning register authority, if different, will be notified. This notification will inform them of the publication of the decision (#applications-made-public) and any written representations received during any representations period. The local planning register authority will be required to publish this information on the planning register.

A notification will also be sent to the local Member(s) of Parliament once a decision has been made, this notification will be deposited in the libraries of both Houses of Parliament.

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Is development proposed under the Urgent Crown Development procedure subject to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017?

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (“EIA Regulations”) only apply to certain types of development. “EIA development” is development which is either Schedule 1 or Schedule 2 development which is likely to have significant effects on the environment by virtue of factors such as its nature, size or location. EIA development proposed under the Urgent Crown Development procedure is subject to Environmental Impact Assessment in accordance with the EIA Regulations unless otherwise exempt. Where development is considered to be EIA development, additional requirements apply beyond those set out in the Urgent Crown development procedure for non-EIA development. This includes requiring:
- The relevant local planning authority (to which an application would otherwise have been made), to display a site notice in at least one place on or near the land to which the application related of not less than 30 days, or serve notice on each of the adjoining owner or occupiers; and
- the Secretary of State to consult statutory consultees set out in the Table in Schedule 4 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/schedule/4), for a period no less than 30 days.
Applicants may submit screening direction and scoping direction requests to the Secretary of State in the first instance at xxx@xxx.xx (mailto:xxx@xxx.xx).

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What happens where the application for Urgent Crown Development may contain sensitive information?

Sensitive information, within the context of Urgent Crown Development, is defined in section 293B(11) of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/293B). Information is “sensitive” if the Secretary of State directs that: it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and its public disclosure would be contrary to the national interest.

Where an application under the Crown development route may involve sensitive information, the prospective applicant is advised to contact Crown Casework Team at the earliest opportunity to discuss how to prevent the disclosure of sensitive information. In many cases, the sensitive information may not need to form part of the application., for example, if the applicant does not consider this information would be material to whether planning permission should be granted.

Where the information does need to be included, the Secretary of State may direct that the information is sensitive under section 293B(11). Article 12 of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025 (https://www.legislation.gov.uk/uksi/2025/411/article/12/made) prohibits the public disclosure of sensitive information which would otherwise be disclosed through requirements in the Order. Where sensitive information is submitted or inspected by decision-makers, this will not be published on the planning register or otherwise be disclosed to the public.

When submitting the application, the applicant is advised to attach a covering letter, requesting that sensitive information is protected and request for the direction. The letter will need to be endorsed by the applicant’s security adviser. Applicants are advised to submit any sensitive information as an annex (if appropriate to do so) so that it can be detached and kept separate from the ‘open’ information.

The Secretary of State may consider consulting an independent advisor, who has the necessary security clearances to inspect the information. This advisor would then advise the Secretary of State in relation to the planning matters relating to the information, which may include advice on any relevant effects on the local community and those other parties the information cannot be disclosed to.

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Crown permitted development rights

What additional permitted development rights does the Crown have?

Crown bodies (https://www.gov.uk/guidance/crown-development#Definitions-of-Crown-land) have additional permitted development rights to enable them to carry out certain development without requiring a planning application to be made. These are set out in Part 19 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/made).

There are permitted development rights in relation to the following types of development (with various restrictions, conditions and qualifications):
- Certain types of development by the Crown (Classes A-D)
- Aviation development by the Crown (Classes E-L)
- Crown railways, dockyards (etc) and lighthouses (Classes M-P)
- Emergency development by the Crown (Class Q-QA)
- Development for national security purposes (Classes R-TA)
For more information on permitted development rights, including the implications of Environmental Impact Assessment (EIA) Regulations, see ‘When is permission required?’ (https://www.gov.uk/guidance/when-is-permission-required).

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Do these permitted development rights apply to all Crown land?

Some of the permitted development rights granted by Part 19, Classes A-P of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/made) only apply to operational Crown land (#operational-Crown-land) and to operational Crown buildings.

The permitted development rights for ‘emergency development by the Crown’ and ‘development for national security purposes’ (Part 19, Classes Q-TA) apply to all Crown land (https://www.gov.uk/guidance/crown-development#Definitions-of-Crown-land) (including His Majesty’s private estates, the Duchies and the Crown Estate).

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Why does operational Crown land have additional permitted development rights?

The additional permitted development rights for operational Crown land (#operational-Crown-land) put Crown bodies (https://www.gov.uk/guidance/crown-development#Definitions-of-Crown-land) that own and manage land used for operational purposes on a similar footing to other bodies such as local authorities (Part 12 of the General Permitted Development Order) and statutory undertakers (Parts 8, 13 and 15 of the General Permitted Development Order). These bodies also have permitted development rights to enable them to undertake certain works on their operational land or operational buildings for the purposes of their functions.

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What additional permitted development rights does the Crown have in an emergency and when do these apply?

Part 19, Class Q, of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/made) relates to development by the Crown for the purposes of preventing an emergency or in response to an emergency. The permitted development rights apply to all Crown land, mainly to ensure that all the residences of the Sovereign and Her heirs are covered. It is also possible that the Crown Estate, for example as owners of the foreshore, may have to deal with an environmental emergency. An ‘emergency’ is defined as an event or situation which threatens serious damage to human welfare (in a place), the environment (of a place) or the security of the United Kingdom.

When using these additional rights, the developer must notify the local planning authority as soon as practicable after starting the development. The development must cease, buildings and plant etc removed and the land be restored to its original or an agreed condition within 12 months unless otherwise authorised planning permission for that development has been granted either through another permitted development right or under an application for permission under Part 3 of the Town and Country Planning Act 1990.

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What additional permitted development rights does the Crown have in relation to a pandemic?

Part 19, Class QA, of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/crossheading/18) relates to development by the Crown for the purposes of preventing a pandemic, reducing, controlling or mitigating the effects of a pandemic, or taking other action in connection with a pandemic.

This permitted development right allows for development by the Crown in the case of a pandemic for up to 12 months, subject to the condition that the land must be restored to its original condition prior to development, and any buildings, plant, machinery, structures and erections permitted under Class QA must be removed. This requirement to restore the land to its original condition does not apply where permission has otherwise been granted for that development under another permitted development right or an application under Part 3 of the Town and Country Planning Act 1990.

This permitted development right can be used in addition to the right in Class Q to address an emergency.

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What are the additional permitted development rights for national security purposes?

Part 19, Classes R-TA, of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/made) permits certain types of development on any Crown land for national security purposes. These rights are available to all Crown bodies in order to cover the physical protection of the Sovereign and His heirs (which is a matter of national security) as well as the security of the State (#security-of-the-State).

The permitted development rights granted to the Crown depend on the nature of the works proposed (#security-of-the-State) and specific restrictions and qualifications apply.

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Is a Crown body expected to publicise a proposal for permitted development?

Crown bodies should publicise proposals for permitted development where the development is likely to have a significant effect on the amenity and environment of an area. The Crown is encouraged to follow the guidance issued to statutory undertakers (https://www.gov.uk/guidance/when-is-permission-required#advance-notification) and inform the local planning authority and the public well in advance of commencement (although there is no statutory requirement to do so). This would be particularly worthwhile if the development is likely to have a substantial effect on a conservation area or a significant planning impact that goes beyond the confines of the development site.

These publicity arrangements are not recommended where a Crown body is exercising its permitted development rights for emergency development (Part 19, Class Q and QA) or for national security purposes (Part 19, Classes R-TA).

For more information on permitted development rights, see ‘When is permission required?’ (https://www.gov.uk/guidance/when-is-permission-required) and for more information on publicity requirements, see ‘Consultation and pre-decision matters’ (https://www.gov.uk/guidance/consultation-and-pre-decision-matters).

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Can a local planning authority apply an article 4 Direction to restrict a Crown body’s permitted development rights?

In exceptional cases, a local planning authority may consider that normal planning controls should apply to a development that the Crown proposes to implement using its permitted development rights. In these cases, the local planning authority can make a direction under article 4 of the General Permitted Development Order (an article 4 Direction (https://www.gov.uk/guidance/when-is-permission-required#article-4-direction)).

An article 4 Direction cannot apply to ‘certain highway development’ by Highways England or the Secretary of State for Transport (permitted by Part 9, Class B of the General Permitted Development Order), ‘emergency development’ by the Crown or ‘development for national security purposes’ (#security-of-the-State).

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National security – permitted development rights

What types of Crown development are permitted for national security purposes?

The permitted development rights granted to the Crown in Part 19, Classes R-T of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/19/made) depend on the nature of the works undertaken and specific restrictions and qualifications apply.
- Class R deals with the erection, construction, maintenance or alteration of a gate, fence, wall or other means of enclosure.
- Class S deals with closed circuit television cameras and associated lighting. These rights go beyond the normal permitted development rights for security purposes (granted by Part 2, Class F) by removing the restrictions on numbers, and allowing free-standing cameras and lighting.
- equipment replaced on a like-for-like basis can exceed the size limits imposed on new installations if the replacement apparatus does not exceed the ‘original apparatus’ in size;
- equipment can be installed on a wall or sloping roof within 20 metres of a public highway;
- a prior approval procedure is not required hence the Crown does not have to submit proposals to the local planning authority before commencing development (unless this involves installing a mast within 3 kilometres of an aerodrome, in which case the Crown will have to give notice to the owner or tenants and relevant authorities in advance);
- Class TA deals with the erection, extension or alteration on a closed defence site on or on behalf of the Crown of single living accommodation, or a non-residential building.
In the absence of a requirement for prior approval, development is subject to certain restrictions on intensification.

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What are the restrictions on the intensification of electronic communications on Crown land?

The restrictions on intensification are given in Part 19 Class T.3 of the General Permitted Development Order. This specifies that apparatus can be installed on Crown land if there was already electronic communication apparatus in place on the site on the ‘relevant day’ (7 June 2006). If this is the case, only one additional item of standard apparatus can be installed (to match the ‘original apparatus’) but one extra piece of ‘small apparatus’ can be installed for every 4 items of original apparatus present on the site on the relevant day.

‘Small apparatus’ is defined in Class T.3 (3) and is subject to the following restrictions:
- ground based equipment is limited to 7 metres in height, and 5 metres in diameter for dish antennae or 7 metres in diameter for ground works;
- apparatus on buildings are limited to 3 metres in height, with a maximum 1.3 metre diameter allowed for dish antennae;
- equipment housing is limited to 3 metres in height with a ground area of up to 9 square metres.
These intensification provisions are summarised as follows:

On non-article 2(3) land (https://www.gov.uk/guidance/when-is-permission-required#article-2):

On article 2(3) land (https://www.gov.uk/guidance/when-is-permission-required#article-2):

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National security – applications

Can the Crown withhold details of a proposed development?

The Crown may choose not to disclose some of the details of a proposed development on the grounds that national security (or the security of premises or other property) might otherwise be compromised.

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How can a local planning authority determine an application on which information is withheld by the Crown?

As a result of the Crown withholding certain details from a planning application, the local planning authority may lack the information necessary to make an informed decision and so either refuse to grant permission or fail to determine the application. If the Crown then appeals against the decision or failure to determine, it is likely that the Secretary of State would recover the appeal (https://www.gov.uk/guidance/appeals#recover-the-appeal) given the ‘significant implications’ of the application.

Alternatively, if the Crown is aware from the outset that the information which it has to withhold would be critical to the consideration of its application, it may ask the Secretary of State to call the application in (https://www.gov.uk/guidance/determining-a-planning-application#consult-with-the-Secretary-of-State) for determination rather than wait to appeal once the local planning authority has refused or failed to determine the application.

If the application/appeal is subject to a public inquiry national security provisions (#national-security-provisions) may then be applied.

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Why can the Secretary of State ‘call-in’ a planning application for Crown development?

Section 77 of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/77) gives the Secretary of State the power to call in a planning application for determination. One of the current indicators for call-in is a case which may involve the interests of national security or of foreign governments. See further guidance on the Secretary of State’s powers to call-in an application (https://www.gov.uk/guidance/determining-a-planning-application#consult-with-the-Secretary-of-State).

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National security – procedure

What provisions are in place to prevent the disclosure of sensitive information in a public inquiry?

The Secretary of State can give a direction under section 321 of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/321) to prevent the disclosure of sensitive information at a public inquiry. This is called a ‘section 321 direction’ or a National Security Direction.

A section 321 direction restricts the right to hear or inspect particular evidence to particular people because it would not be in the national interest for such evidence to be disclosed to the general public. Evidence that is subject to the direction is known as ‘closed evidence’, ‘material’ or ‘information’.

If a direction is given, a special advocate (otherwise known in the legislation as an ‘appointed representative’) may be appointed to represent the interests of those prevented by the direction from hearing or inspecting closed information.

Equivalent provisions are set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 (https://www.legislation.gov.uk/ukpga/2004/5/section/80) (for listed building consent) and the Planning (Hazardous Substances) Act 1990 (https://www.legislation.gov.uk/ukpga/2004/5/section/80) (for hazardous substances consent).

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When can the Secretary of State issue a section 321 direction?

The Secretary of State can only issue a section 321 direction where satisfied that the giving of evidence, or its disclosure, would be likely to result in the disclosure of information about national security or the security of premises or other property and that public disclosure of that information would be contrary to the national interest.

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Who can request a section 321 direction?

Any of the parties with an interest in the application can ask the Secretary of State to give a section 321 direction, but it will normally be the developing department owning the closed material that is likely to make such a request. A Crown body might also ask for a section 321 direction as an objector to a planning application for a development by a third party where the evidence in opposition to the development involves matters of national security (or the security of premises or property).

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What happens if a request for a section 321 direction is denied?

The decision about whether or not to give a section 321 direction rests with the Secretary of State, with no right of challenge other than by means of judicial review. If the Secretary of State decides not to give such a direction, the owner of the closed material must either allow that material to be inspected or heard in accordance with the normal arrangements or withdraw the application or objection.

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How are requests for section 321 directions publicised?

The Secretary of State is required to publicise any request for a section 321 direction. As well as stating that a request has been made, the notification must also specify the date by which any representations as to whether a direction should be given have to be made to the Secretary of State. This date will be at least 14 days from the date when the notice is given.

Further details of the publicity arrangements can be found in Rule 6 of the Planning (National Security Directions and Appointed Representatives) (England) Rules 2006 (https://www.legislation.gov.uk/uksi/2006/1284/article/6/made).

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What if there are objections to a request for a section 321 direction?

If publicity elicits relevant objections to the direction, the Secretary of State may consider the objections and decide whether to give the direction. If the Secretary of State is in any doubt, he or she will forward all openly available documents to the Attorney General with a request to appoint a special advocate to represent all those parties who have objected to the direction (and who have no right of access to the closed information).

After the special advocate has taken instructions from those persons whom he or she has been appointed to represent, the Secretary of State will forward the closed material to the advocate. The special advocate will then submit written representations on the application for a direction to the Secretary of State, who will decide whether to issue the direction on the basis of these, or following a private hearing. Any hearing would only be attended by the special advocate and the body owning the closed material.

Rules 8 to 11 of the Planning (National Security Directions and Appointed Representatives) (England) Rules 2006 (https://www.legislation.gov.uk/uksi/2006/1284/article/8/made) set out other arrangements for conducting a hearing and assessing written representations.

Once the Secretary of State has decided whether to make a direction, the decision (including a copy of the direction, if given) will be sent to everyone who had made representations or been heard.

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What is the procedure for a local inquiry when a section 321 direction has been given?

Once the direction has been given, the Secretary of State asks the Attorney General to appoint a special advocate to represent the interests of those prevented from hearing or inspecting particular evidence at the inquiry. If a special advocate was appointed to represent objectors to the request for a section 321 direction, a different special advocate would be appointed for the inquiry so that he or she can take instructions without having prior knowledge of the closed material.

The special advocate must take instructions before receiving the closed evidence but may discuss this evidence with the person who supplied it to the Secretary of State or anyone named in the direction.

The special advocate will make submissions to the inspector at the local inquiry on behalf of the person or persons they are representing, and cross-examine witnesses to the extent allowed by the inspector under the relevant Inquiries Procedure Rules (https://www.legislation.gov.uk/uksi/2006/1282/schedule/2/made). The special advocate may also call witnesses to give evidence on land use matters and, at the close of the inquiry, will be responsible for returning any closed material to the person who supplied it.

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Who pays for the services of the special advocate?

The Secretary of State has the power to direct any person interested in the inquiry to pay the fees and expenses of the special advocate. This will generally be the owners of the closed evidence or whoever asked for the section 321 direction.

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What rules must the inquiry abide by?

When a special advocate has been appointed, the inquiry must follow the relevant Inquiries Procedure Rules (https://www.legislation.gov.uk/uksi/2006/1282/schedule/2/made). These exclude the question of security clearance to access the material, which is an administrative matter. The rules also do not formally apply to appeals in relation to hazardous substances consent, which should still follow the spirit of the rules.

The rules ensure that:
- there are provisions to restrict closed material to those named in the direction (likely to be the inspector, the special advocate and the representatives of the owners of that material);
- the inspector has the discretion to hold separate ‘open’ and ‘closed’ sessions; and
- for site visits that include closed material, the inspector is accompanied by the representative of the owner of that material and the special advocate representing the excluded persons.
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How is sensitive information protected in the Inspector’s Report?

For public inquiries that are subject to a section 321 direction, there are 2 versions of the Inspector’s Report (and any assessor’s report) and the Secretary of State’s decision letter. The ‘open’ version would be sent to all interested parties, but the ‘closed’ version, which discusses the closed material, would only be sent to the owner of the closed material and the special advocate.

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Sensitive information in planning applications

Why might a planning application contain sensitive information?

Bodies such as the diplomatic community and owners of critical national infrastructure may submit planning applications that contain sensitive information. These applications will often concern improvements to the physical security of the premises and may contain information which the applicant wishes the local planning authority to consider, but which the applicant does not wish to be made available on the planning register.

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What can an applicant do if details of a proposed development are particularly sensitive?

Before submitting a planning application, the applicant can discuss the status of sensitive information relating to a proposed development with the relevant local planning authority. If the local planning authority does not require this particular information to make a decision, then it can be omitted from the planning application. Otherwise, the applicant can follow the guidance set out below, if necessary.

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How can sensitive information in a planning application be protected?

The applicant can request that the local planning authority does not publicise the application on their website (if that is their practice) and that sensitive information is kept separately from the main Register, so that it is only available on special request. Although applications for listed building consent do not have to be placed on a register, they are likely to accompany a planning application that does and should be treated in the same way.

It should be noted that, although this applies to applications made to the local planning authority, there is no power (other than through securing a section 321 Direction) to exclude any subsequent appeal and the documents relating to it, such as site plans, from the normal publicity arrangements.

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What is an applicant advised to do if their planning application contains sensitive information?

The prospective applicant is advised to do the following:
- Take advice from an appropriate security adviser before submitting the application. This may be a police Special Branch or Counter-Terrorism security adviser or a security adviser from the Centre for the Protection of National Infrastructure.
- Contact the relevant local planning authority to agree the name of an officer to whom the application will be sent.
- Only submit the application on paper, with sensitive information placed in an annex so that it can be detached and kept separately from the planning register.
- Attach a covering letter to the application, requesting that the local planning authority makes arrangements to protect sensitive information. The letter will need to be endorsed by the applicant’s security adviser.
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What arrangements can the local planning authority make when handling sensitive information?

Any arrangements adopted by the local planning authority should be designed to give maximum protection to sensitive information consistent with the local planning authority’s statutory obligations to put the planning application on the planning register.

The local planning authority is advised:
- not to scan the paper applications or place them on its website;
- not to scan other documents generated up to and including design stage, or place them on its website or store them on networked devices;
- if statutory consultees (https://www.gov.uk/guidance/consultation-and-pre-decision-matters) are required, request that they treat the paper application in the same way as described above;
- ask for proof of name and address of anyone making a request to inspect this part of the register. If the local planning authority suspects that the person may not be acting in good faith, it should consult the security adviser who previously endorsed the planning application;
- exercise appropriate discretion at planning committee meetings by preventing the public from attending; and
- exclude sensitive information from any report or minutes for the meeting, or other documents made available for inspection by the public.
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How can the public be notified of a planning decision without disclosing sensitive information?

Notification of the decision must be given and the decision placed on the planning register in accordance with articles 35 and 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/contents/made). It should be possible to do so without compromising any sensitive information.

If planning permission is granted subject to conditions, or if the application is refused, the decision notice must state clearly and precisely the full reasons for each condition imposed or for the refusal. If this cannot be done without referring to the sensitive information, it would be helpful to prepare the decision notice in 2 parts so that the part containing the sensitive information can be kept separately from the main planning register.

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What happens if an application for sensitive development reaches public inquiry?

If the application is refused, the applicant may consider applying to the Secretary of State for a ‘section 321 direction (#national-security-provisions)’.

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