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The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012

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Use of electronic communications

8.—(1) Paragraph (2) of this regulation applies where an electronic communication is used for the purpose of making an application—

(a)under regulation 3; or

(b)under regulation 4.

(2) The reference in paragraph (5) of regulation 3 to the date when the form and certificate are lodged with the local planning authority must be construed as a reference to the date when the form and certificate are transmitted to the authority by means of the electronic communication; but where the communication is received outside the authority’s business hours, it must be taken to have been received on the authority’s next working day.

(3) Where a local planning authority maintain a website for the purpose of advertising applications, regulation 10 applies with the modifications in paragraph (4).

(4) In regulation 10—

(a)for sub-paragraph (a) of paragraph (1), substitute—

(a)publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and—

(i)naming a place within the locality where a copy of the application and of all plans and other documents submitted with it are open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and

(ii)stating the address of a website where a copy of the application and of all plans and other documents submitted with it are open to inspection by the public during the period of 21 days beginning with the date of publication of the notice, and the place on the website where such documents may be accessed, and how they may be accessed; and;

(b)in paragraph (2), omit “both of” in both places in which it occurs, and in sub-paragraph (a) after “sub-paragraph (a)” insert “(i) or (ii)”.

(5) Paragraph (6) of this regulation applies where a person uses electronic communications for any of the following purposes—

(a)making an application under regulation 3;

(b)making an application under section 82B(2) of the Act for consent;

(c)making an application under regulation 4;

(d)giving notice of appeal to the Welsh Ministers under regulation 12;

(e)making a claim under regulation 13 for compensation, or serving a listed building purchase notice under that regulation.

(6) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or claim or giving or serving the notice is taken to have agreed—

(a)to the use of electronic communications for all purposes relating to the application, appeal, claim or notice (as the case may be) which are capable of being effected using such communications;

(b)that the address for the purpose of such communications is the address incorporated into or otherwise logically associated with the application, appeal, claim or notice;

(c)that deemed agreement under this paragraph subsists until the applicant gives notice in writing that the applicant wishes to revoke the agreement (and such revocation takes effect on a date specified by the applicant being not less than seven days after the date on which the notice is given).

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