The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006

Planning (Listed Buildings and Conservation Areas) Regulations 1990

9.—(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990(1) apply to the Crown with the following modifications.

(2) In regulation 6 (certificate to accompany applications and appeals) after paragraph (5) insert—

“(5A) The provisions of this regulation, except paragraph (3), shall apply where an application for listed building consent is made to the Secretary of State under section 82B(2) of the Act, as they apply in relation to an application which falls to be determined by the local planning authority with the following modifications—

(a) in paragraph (1) for “A local planning authority shall not entertain any application under regulation 3 or 4” substitute “The Secretary of State shall not entertain any application under section 82B(2) of the Act”;

(b) omit paragraph (3).”.

(3) In regulation 8A(6) (use of electronic communications) after sub-paragraph (a) insert—

“(aa) making an application under section 82B(2) of the Act for consent;”.

(4) For regulation 15 (application for listed building or conservation area consent in anticipation of disposal of Crown land) substitute—

“Application for listed building or conservation area consent in respect of Crown land

15.   The following provisions of these Regulations shall, in their application to the making and determination of applications for listed building consent and conservation area consent in respect of Crown land, have effect subject to the following modifications—

(a) in regulation 3(2), for “a certificate under regulation 6” substitute “the certificate or other document required by regulation 6 below”;

(b) in regulation 6—

(i) in paragraph (1) after “accompanied by” insert “the documents described in paragraph (1A) below or,” and

(ii) after paragraph (1) insert—

“(1A) An application for listed building or conservation area consent in respect of Crown land shall be accompanied by—

(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.”.”.

(5) In Part 2 of Schedule 2 (certificates under regulation 6)—

(a) for “Council” substitute “[Council] [Secretary of State]*” in each place where the word occurs; and

(b) in note (f) after “council” insert “or the Secretary of State as appropriate”.

(1)

S.I. 1990/1519 amended by S.I. 2003/956, 2003/2048, 2004/2210 and 2006/1063.