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”.