Prince Charles was asked to approve draft government planning legislation
Letter obtained by the Guardian shows how minister sought approval as law changes affected prince's Duchy of Cornwall
Read the letter sent to Charles by Lady Andrews
The government asked Prince Charles to approve draft planning and construction laws because they might directly affect the private 700m property empire that provides his annual income, documents obtained by the Guardian reveal.
Lady Andrews, a Labour communities minister, wrote to Sir Michael Peat, Charles's private secretary, in 2008 seeking the prince's consent to law changes that would "affect the interests of the Duchy of Cornwall" and were "capable of applying ... [to the] Prince of Wales' private interests".
The draft local democracy, economic development and construction bill proposed to change laws about handling disputes and payments in building contracts and to introduce a new regional strategy for planning permissions.
The Duchy is a major builder, having spent more than 18m on property development and improvements in the last two years, according to its accounts. Large developments under way that require planning consent include 500 new homes at Poundbury, 170 homes in Newquay and a supermarket, waste recycling centre and 100 homes in Truro. Prince Charles relies on Duchy profits to fund his lifestyle and work and to cover the expenses of Princes William and Harry and the Duchess of Cornwall. Last year he received 18m in profits from the estate.
The government and Clarence House have repeatedly refused to disclose correspondence detailing the application of Charles' power of consent and veto over politicians.
The departments of justice, education and food and rural af! fairs ar e among those to invoke an exemption to freedom of information laws that allows correspondence between Charles and his aides and government to be kept secret.
However, in a rare exception, the communities department agreed to release its letters to Prince Charles over the local democracy, economic development and construction bill, providing a unique insight into the application of the otherwise secretive protocol.
The release of the letter, which shows the detailed briefing enjoyed by the palace and the government's concern not to impinge on the prince's "private interests", is likely to intensify pressure on the government and Clarence House to open the files on a little-known procedure that grants Charles a veto over some draft laws. It has been described by constitutional experts as the equivalent of a royal "nuclear deterrent" over public policy.
Constitutional lawyers have said Charles is unlikely to use the veto, but it exists as an underlying threat in any negotiations over public policy that might take place.
Lady Andrews' three-page consultation with Charles on draft planning and construction laws begins: "I write to formally request the consent of His Royal Highness the Prince of Wales to provisions to be included in the ... bill."
It includes 12 detailed paragraphs on how the new legislation will change laws on adjudication procedures in contractual disputes with builders and laws affecting how contractors must be paid.
Lady Andrews explained: "Granted that these proposed changes ... will apply to construction contracts entered into by or on behalf of the Duchy of Cornwall, we should be very grateful to receive the consent of the Prince of Wales."
Turning to changes to regional planning law, she spelled out proposed new regional planning strategies and warned Charles that this section of the bill "is capable of applying to the Crown and th! e Queen and Prince of Wales' private interests and therefore that consent is required".
"They were trying to tell him in 2008 that like everybody else, he will be subject to statutory development plans," said David Lock, a former government planning adviser. "This was an attempt to make the Crown Estate and Duchy subject to the same planning rules as everyone else, which means they would not get any privileges over any other land owner."
A Clarence House spokeswoman confirmed the Duchy enjoys some exemptions from normal planning laws but "has chosen not to exercise these rights since the change in legislation."
"Since 2006 the Duchy has been subject to planning control in the same way as any other landowner and prior to that voluntarily complied with planning laws," the spokeswoman said.
Clarence House declined to say how the Prince responded. Parliamentary records show consent was granted by the Prince and a spokesman for the communities department said on Monday that "no changes were requested and as such none were introduced".
Whitehall departments have sought Charles's consent on at least a dozen draft bills since 2005, ranging from legislation on the London Olympcs, to shipwrecks and road safety.
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