2013 No. 2146
The Enterprise and Regulatory Reform Act 2013 (Abolition of Conservation Area Consent) (Consequential and Saving Provisions) (England) Order 2013
Made
Laid
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 99 and 100 of the Enterprise and Regulatory Reform Act 20131.
Citation and commencement1
This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Abolition of Conservation Area Consent) (Consequential and Saving Provisions) (England) Order 2013 and comes into force on 1st October 2013.
Interpretation2
In this Order—
“the 2013 Act” means the Enterprise and Regulatory Reform Act 2013.
Amendments to enactments3
Subject to article 4, the amendments specified in the Schedule to this Order (in so far as they apply to England) shall have effect.
Saving provisions - conservation area consent applications already submitted4
1
The amendments made by article 3 shall not have effect in relation to—
a
an application for conservation area consent submitted to a local planning authority2 or (where applicable) to the Secretary of State, before 1st October 2013; or
b
any appeal, enforcement or other proceedings in respect of such an application.
2
Notwithstanding the commencement of paragraphs 1 to 6, 12 and 13 of Schedule 17 to the 2013 Act and section 63 of that Act in so far as it relates to those paragraphs, the amendments made by those provisions to—
a
the National Heritage Act 19833,
b
the Town and Country Planning Act 19904, and
c
the Planning (Listed Buildings and Conservation Areas) Act 19905,
shall not have effect in relation to an application mentioned in paragraph (1).
Signed by authority of the Secretary of State for Communities and Local Government
SCHEDULEAbolition of Conservation Area Consent: Consequential Amendments
The Planning (Listed Buildings and Conservation Areas) Regulations 19901
In the Planning (Listed Buildings and Conservation Areas) Regulations 19906—
a
in regulation 3 (applications for listed building consent or for conservation area consent)—
i
in the heading omit “or for conservation area consent”;
ii
in paragraph (1) omit “or conservation area consent”; and
iii
in paragraph (7) omit “or conservation area consent”
b
in regulation 4 (applications to vary or discharge conditions attached to listed building consent or conservation area consent)—
i
in the heading omit “or conservation area consent”; and
ii
in paragraph (1) omit “or conservation area consent”
c
in regulation 8 (appeals)—
i
in paragraph (1)(a)(i) omit “or conservation area consent” and “either”; and
ii
in paragraph (1)(a)(ii) omit “or a conservation area consent”
d
in regulation 8A (use of electronic communications)—
i
in paragraph (1)(a) omit “or conservation area consent”;
ii
in paragraph (1)(b) omit “or conservation area consent”;
iii
in paragraph (6)(a) omit “or conservation area consent”; and
iv
in paragraph (6)(b) omit “or conservation area consent”
e
for regulation 12 (demolition of unlisted buildings in conservation areas) substitute—
12
In their application to buildings in conservation areas, the provisions of the Act referred to in section 74(2A)7 and which are set out in column 1 of Schedule 3 to these Regulations shall have effect as they have effect in relation to listed buildings subject to the exceptions and additional modifications (if any) set out opposite such provisions in column 2 of that Schedule.
f
in regulation 13 (applications by local planning authorities)—
i
in paragraph (1) omit “or for the demolition of unlisted buildings in conservation areas”;
ii
in paragraph (2) omit “or conservation area consent for the demolition of a building within a conservation area in their area”; and
iii
in paragraph (8) omit “, or a building in a conservation area,” and “or a building in a conservation area”
g
in regulation 15 (application for listed building or conservation area consent in respect of Crown land)—
i
in the heading omit “or conservation area”;
ii
before paragraph (a) omit “and conservation area consent”; and
iii
in paragraph (1A) omit “or conservation area”
h
in Part 2 of Schedule 1 (notification to be sent to applicant on refusal of listed building consent or conservation area consent, or grant of consent subject to conditions (to be endorsed on notices of decision))—
i
in the heading omit “or Conservation Area Consent,”;
ii
in paragraph (1) omit “or conservation area consent”; and
iii
in paragraph (2) omit “or conservation area consent”
i
in Part 3 of Schedule 1 (notification to be sent to applicant on refusal to vary or discharge conditions attached to listed building consent or conservation area consent, or on the addition of new conditions consequential upon variation or discharge)—
i
in the heading omit “or Conservation Area Consent,”; and
ii
in paragraph (a) omit “or a conservation area consent”
j
in Part 2 of Schedule 2 omit “[conservation area consent]” in both places it appears; and
k
for Schedule 3 substitute—
SCHEDULE 3
Provisions of the Act relating to listed building control
Exceptions and additional modifications (if any)
Section 56
For the words “sections 47 and 48 or section 54”, substitute the words “section 54 where a direction has been made in respect of that building under section 76(1)”.
Section 66(1)
Omit
Section 90(2) to (4)
None.
The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 19972
In the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 19978, in regulation 3—
a
in paragraph (2)(a) omit “, including appeals under that section as having effect by virtue of section 74 of that Act (conservation areas)”; and
b
in paragraph (2)(b) omit “, including appeals under that section as having effect by virtue of section 74 of that Act”.
The Town and Country Planning (Inquiries Procedure) (England) Rules 20003
In the Town and Country Planning (Inquiries Procedure) (England) Rules 20009—
a
in rule 2 (interpretation) in paragraph (1) omit the definition of “conservation area consent”; and
b
omit rule 3(1)(c) (application of rules).
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 20004
In the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 200010—
a
in rule 2 (interpretation) in paragraph (1) omit the definition of “conservation area consent”; and
b
in rule 3 (application of rules) in paragraph (1)(b) omit “or in relation to conservation area consent under that section as applied by section 74(3) of that Act”.
The Town and Country Planning (Hearings Procedure) (England) Rules 20005
In the Town and Country Planning (Hearings Procedure) (England) Rules 200011, in rule 3 (application of rules) omit paragraph (1)(c).
The Local Authorities (Functions and Responsibilities) (England) Regulations 20006
In the Local Authorities (Functions and Responsibilities) (England) Regulations 200012, in Schedule 1—
a
omit paragraph 25; and
b
in paragraph 26 omit “and conservation area consent”.
The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 20027
In the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 200213, in regulation 9 (statement by local planning authority) in paragraph (1)(b) omit “or conservation area consent” and “or conservation area enforcement notice”.
The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 20028
In the Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 200214, in regulation 7 (representations) in paragraph (4)(b) omit “or conservation area consent” and “or conservation area enforcement notice”.
The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 20029
In the Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 200215—
a
in rule 3 (application of the rules), in paragraph 1(c) omit “or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice)”; and
b
in rule 4 (preliminary information to be supplied by local planning authority), in paragraph (2)(b)(iii) omit “or conservation area”.
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 200210
In the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 200216—
a
in rule 3 (application of the rules), in paragraph 1(c) omit “or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice)”; and
b
in rule 4 (preliminary information to be supplied by local planning authority) in paragraph (2)(b)(iii) omit “or conservation area”.
The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 200211
In the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 200217—
a
in rule 3 (application of the rules), in paragraph 1(c) omit “or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice)”; and
b
in rule 4 (preliminary information to be supplied by local planning authority) in paragraph (2)(b)(iii) omit “or conservation area”.
The Town and Country Planning (Timetable for Decisions) (England) Order 200512
In the Town and Country Planning (Timetable for Decisions) (England) Order 200518, in article 2 (decisions to which a timetable is not to apply), in paragraph (4)(e) omit “or conservation area consent”.
The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 200513
In the Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 200519, in article 1 (citation, commencement and interpretation), in paragraph (2) omit “, conservation area consents” from the definition of “other planning application”.
(This note is not part of the Order)