The Planning (Listed Buildings and Conservation Areas) (Amendment No. 2) (England) Regulations 2013

Amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990

2.—(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990(1) are amended in accordance with this regulation.

(2) In regulation 8 (appeals)—

(a) in paragraph (1) substitute “six months of the date of the notice” for “six months of notice”;

(b) in paragraph (2) after sub-paragraph (iv) insert—

“(v) subject to paragraph (4), the applicant’s full statement of case (if they wish to make additional representations);

(vi) subject to paragraph (4), a statement of which procedure (written representations, a hearing or an inquiry) the applicant considers should be used to determine the appeal; and

(vii) subject to paragraph (4), a draft statement of common ground if the applicant considers that the appeal should be determined through a hearing or an inquiry.”

(c) after paragraph (2) insert—

“(3) Subject to paragraph (4), such a person shall also, as soon as reasonably practicable, furnish to the local planning authority a copy of—

(i) the notice of appeal sent to the Secretary of State pursuant to paragraph (1); and

(ii) any of the documents referred to in paragraph (2)(v) to (vii) that they send to the Secretary of State.

(4) Paragraphs 2(v) to (vii) and (3) do not apply—

(a) where a direction is given by the Secretary of State under paragraph 6(6) of Schedule 3 to the Act (matters related to national security)(2); or

(b) where section 82B of the Act (urgent Crown development)(3) applies.

(5) In this regulation—

“draft statement of common ground” means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority;

“full statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence.”.

(3) In paragraph (1) of Part 2 of Schedule 1 substitute “six months of the date of this notice” for “six months of receipt of this notice”.

(1)

S.I. 1990/1519, as amended by S.I. 1991/2804, 1996/525, 2003/956, 2003/2048, 2004/2210, 2004/3341, 2005/1085, 2006/1063, 2006/1283, 2006/3316, 2008/551, 2009/2262, 2009/2711, 2010/568, 2010/1551, 2010/2185, 2012/2275, 2012/2590, and revoked in relation to Wales by S.I. 2012/793.

(2)

Paragraph 6 has been amended in ways not relevant to these Regulations.

(3)

Section 82B was inserted by section 83(1) of the Planning and Compulsory Purchase Act 2004 (c. 5).