Amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 19902

1

The Planning (Listed Buildings and Conservation Areas) Regulations 19902 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)3; or

b

where section 82B of the Act (urgent Crown development)4 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”.