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The Planning (Listed Buildings and Conservation Areas) Regulations 1990

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Regulations 3 and 4

SCHEDULE 1

PART INOTIFICATION TO BE SENT TO APPLICANT ON RECEIPT OF APPLICATION

PART IINOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL OF LISTED BUILDING CONSENT OR CONSERVATION AREA CONSENT,OR GRANT OF CONSENT SUBJECT TO CONDITIONS (TO BE ENDORSED ON NOTICES OF DECISION)

(1) If the applicant is aggrieved by the decision of the local planning authority to refuse listed building consent or conservation area consent for the proposed works, or to grant consent subject to conditions, he may appeal to the [Secretary of State for the Environment] [Secretary of State for Wales] in accordance with sections 20 and 21 of the Planning (Listed Buildings and Conservation Areas) Act 1990 within six months of receipt of this notice. (Appeals must be made on a form which is obtainable from the [Department of the Environment] [Welsh Office]). The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.

(2) If listed building consent or conservation area consent is refused, or granted subject to conditions, whether by the local planning authority or by the [Secretary of State for the Environment] [Secretary of State for Wales], and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any works which have been or would be permitted, he may serve on the council of the district, or London borough in which the land is situated (or, where appropriate, on the Common Council of the City of London) a purchase notice requiring that council to purchase his interest in the land in accordance with the provisions of section 32 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(3) In certain circumstances a claim may be made against the local planning authority for compensation where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of the application to him. The circumstances in which such compensation is payable are set out in section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

PART IIINOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL TO VARY OR DISCHARGE CONDITIONS ATTACHED TO LISTED BUILDING CONSENT OR CONSERVATION AREA CONSENT,OR ON THE ADDITION OF NEW CONDITIONS CONSEQUENTIAL UPON VARIATION OR DISCHARGE

If the applicant is aggrieved by the decision of the local planning authority–

(a)to refuse to vary or discharge the conditions attached to a listed building consent or a conservation area consent; or

(b)to add new conditions consequential upon any such variation or discharge,

he may appeal to the [Secretary of State for the Environment] [Secretary of State for Wales] in accordance with sections 20 and 21 of the Planning (Listed Buildings and Conservation Areas) Act 1990 within six months of receipt of this notice. (Appeals must be made on a form which is obtainable from the [Department of the Environment] [Welsh Office]). The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.

Regulation 6

SCHEDULE 2

PART IPLANNING (LISTED BUILDINGS AND CONSERVATION AREAS)ACT 1990

PART IIPLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 NOTICE FOR SERVICE ON INDIVIDUALS

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990NOTICE FOR PUBLICATION IN LOCAL NEWSPAPERS WHERE NOT ALL THE OWNERS ARE KNOWN, PURSUANT TO REGULATION 6(2) OF THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) REGULATIONS 1990

PART IIIPLANNING (LISTED BUILDINGS AND CONSERVATION AREAS)ACT 1990NOTICE FOR SERVICE ON INDIVIDUALS

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990NOTICE FOR PUBLICATION IN LOCAL NEWSPAPERS

Regulation 12

SCHEDULE 3

(1)(2)
Provisions of the Act relating to listed building controlExceptions and additional modifications (if any)
Section 7Omit the words “or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest”.
Section 8

1.  Omit subsection (1).

2.  In subsection (2), omit paragraphs (b) and (c).

3.  In subsection (3)(a), omit the words “or for its alteration or extension”.

4.  Omit subsections (4) to (7).

Sections 9 to 12None.
Section 13Omit.
Section 14

Substitute the following–

14.  Where application for conservation area consent is made as respects a building situated in Greater London, the local planning authority shall notify the Historic Buildings and Monuments Commission for England of that application, shall not determine such application until the expiry of a period of 28 days from such notification, shall take into account any representations made by the Commission within such period in respect of that application, and shall notify the Commission of their decision on that application..

Section 15

1.  Omit subsections (1) to (4).

2.  In subsection (6) omit “(1) or”.

Section 16Omit subsection (2).
Sections 17 to 20None.
Section 21Omit subsections (3) and (4).
Section 22Omit subsection (1)(b).
Sections 23 to 26None.
Section 28None.
Sections 32 to 37None
Section 38In subsection (1), for the words “the character of the building as one of special architectural or historic interest”, substitute the words “the character or appearance of the conservation area in which the building is situated”.
Section 39In subsection (1)–

(i)substitute the following paragraph for paragraph (a)–

(a)that retention of the building is not necessary in the interests of preserving or enhancing the character or appearance of the conservation area in which it is situated;.

(ii)omit paragraph (i).

Section 40None.
Section 41Omit subsection (6)(c).
Sections 42 to 46None.
Section 56For the words “sections 47 and 48 or section 54”, substitute the words “section 54 where a direction has been made in respect of that building under section 76(1)”.
Sections 62 to 65None.
Section 66(1)Omit.
Section 82(2) to (4)

1.  In subsection (2) omit the words “alteration or extension”.

2.  In subsections (2)–(4) the exceptions and modifications mentioned in regulation 13 and also as mentioned in this column, shall have effect in relation to the appropriate provision mentioned in section 82(3).

Section 83(1)(b), (3) and (4)None.
Section 90(2) to (4)None.

Regulation 14

SCHEDULE 4NOTICE THAT A BUILDING HAS BECOME LISTED

IMPORTANT –THIS COMMUNICATION AFFECTS YOUR PROPERTYPLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

NOTICE THAT A BUILDING HAS CEASED TO BE LISTEDIMPORTANT –THIS COMMUNICATION AFFECTS YOUR PROPERTYPLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

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