The Planning (Listed Buildings and Conservation Areas) (Amendment No.2) (England) Regulations 2009

Statutory Instruments

2009 No. 2711

Town And Country Planning, England

The Planning (Listed Buildings and Conservation Areas) (Amendment No.2) (England) Regulations 2009

Made

6th October 2009

Laid before Parliament

8th October 2009

Coming into force

2nd November 2009

The Secretary of State for Culture, Media and Sport makes the following Regulations in exercise of the powers conferred by sections 2(3)(1) and 93(1)(2) and (7) of the Planning (Listed Buildings and Conservation Areas) Act 1990(3).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment No.2) (England) Regulations 2009 and shall come into force on 2nd November 2009.

(2) These Regulations apply in relation to England only.

Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

2.  For Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990(4) substitute-

Regulation 14

“SCHEDULE 4

”.

Revocation

3.  The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2005(5) are revoked.

Margaret Hodge

Minister of State

Department for Culture, Media and Sport

6th October 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (SI 1990/1519) as amended (‘the 1990 Regulations’).

Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the 1990 Act’) requires the Secretary of State to compile lists of buildings of special architectural or historic interest, or to approve such lists compiled by the Historic Buildings and Monuments Commission for England (English Heritage) or by any persons or bodies of persons.

The responsibility for compiling the lists under section 1 of the 1990 Act has transferred from the Secretary of State to English Heritage, with the Secretary of State being responsible for the approval of those lists.

Regulation 2 of these Regulations substitutes Schedule 4 to the 1990 Regulations to reflect the fact that the Secretary of State is now responsible for approving the lists of buildings of special architectural or historic interest under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(1)

Section 2(3) was amended by the Local Government (Wales) Act 1994 (c.19).

(2)

Section 93(1) was amended by the Environment Act 1995 (c.25).

(3)

1990 (c.9); functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(4)

S.I. 1990/1519, amended by S.I. 1997/2971; and S.I. 2005/1085 which is revoked by this instrument; and other amending instruments none of which is relevant.

(5)

S.I. 2005/1085.