The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014

Application and modification of the Act

7.—(1) Subject to the modifications specified in this regulation, the following provisions of the Act apply for the purposes of listed building heritage partnership agreements.

(2) The provisions of the Act are—

(a) sections 12, 16(1) and (2), 17(1) and (2), 26 and 28; and

(b) sections 30, 31, 62 and 63 and Parts 3 and 4, as they apply for the purposes of any of the provisions specified in sub-paragraph (a).

(3) For the purposes of listed building heritage partnership agreements, the provisions of the Act specified in paragraph (2) apply as if—

(a) references to an application for listed building consent include a proposed listed building heritage partnership agreement; and

(b) references to listed building consent include a listed building heritage partnership agreement.

(4) In section 16 (decision on application) disregard the reference to “the local planning authority” in subsection (1).

(5) Section 26 (revocation and modification of listed building consent by the Secretary of State) is modified as follows—

(a) disregard references to “modifying” in subsection (1) and “modify” and “modification” in subsection (7); and

(b) disregard the reference to “under section 23” in subsection (1).

(6) Section 28 (compensation where listed building consent revoked or modified) applies where listed building consent that was granted under a heritage partnership agreement is revoked or modified—

(a) by an order under section 26; or

(b) under the provisions of the agreement, unless—

(i) all parties to the agreement consent to the revocation or modification, and

(ii) all other persons who in the authority’s opinion will be affected by the revocation or modification consent to the revocation or modification.

(7) In subsection (2) of section 28—

(a) the “prescribed time” means 6 months from the date on which the listed building consent that was granted under a heritage partnership agreement was revoked or modified; and

(b) the “prescribed manner” means a claim made in writing and served on that authority by delivering it at the offices of the authority, or by sending it so addressed by pre-paid post.