The Crown was not bound by the Town and Country Planning Act 1947 to get planning permission for the afforestation of its land, though its tenants are so bound.
Lord Denning MR said: ‘Looking at the whole of the Town and Country Planning Act, 1947, I am satisfied that the Crown does not need to get planning permission in respect of its own interest in Crown lands. The reason it is exempt is, not by virtue of any provision in the Act itself, but by reason of the general principle that the Crown is not bound by an Act unless it is expressly or impliedly included.’
Judges:
Lord Denning MR, Danckwerts LJ
Citations:
[1963] 2 QB 317
Jurisdiction:
England and Wales
Cited by:
Cited – Black, Regina (on The Application of) v Secretary of State for Justice SC 19-Dec-2017
The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006.
Held: However reluctantly, the claimant’s appeal was . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Planning
Updated: 27 November 2022; Ref: scu.651109