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The Town and Country Planning General (Amendment) (England) Regulations 2015

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Amendments to the Town and Country Planning General Regulations 1992

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2.—(1) Regulation 4A of the 1992 Regulations is amended as follows.

(2) For paragraphs (1) and (2) substitute—

(1) In relation to any application made by an interested planning authority which relates solely to development which is relevant demolition (within the meaning of section 196D of the 1990 Act(1)), the authority shall—

(a)publicise the application as an application made to the interested planning authority; and

(b)send to Historic England(2) a notice of the application which shall contain the address or location of the proposed works, the nature of the proposed works; and the date by which any representations about the application must be made (which shall not be less than 21 days from the date of the notice).

(2) Regulation 3 does not apply to any such application where the authority—

(a)have received an objection to the application from Historic England on or before the date specified in the notice as the date by which any representations about the application are to be made; and

(b)do not propose to refuse the application.

(2A) For the purpose of paragraph (2)(a), “objection” means a written notice to the authority setting out Historic England’s reasons for objecting to the application and stating that the application should be sent to the Secretary of State for determination.

(2B) Where the conditions in paragraph (2)(a) and (b) are met, the application (“an objected application”) shall be sent to the Secretary of State for determination.

(3) Omit paragraph (3).

(4) In paragraph (4), for “such an application” substitute “an objected application”.

(5) Omit paragraph (5).

(6) In paragraph (6)—

(a)for “An application” substitute “An objected application”; and

(b)omit “under paragraph (2) above”.

(7) For paragraph (7), substitute—

(7) An application by the county planning authority under paragraph (1) above, together with any accompanying representations required by this regulation, shall be made to the district planning authority who shall, where the conditions in paragraph (2)(a) and (b) are met, forthwith send it on the Secretary of State.

(1)

1990 c. 8. Section 196D was inserted by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

(2)

Historic England is the name used by the Historic Buildings and Monuments Commission for England, a body established under section 32 of the National Heritage Act 1983 (c. 47).

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