The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2010

• Citation: S.I. 2010/568
• Sections: 5

Section 1 Citation commencement and application

(1) These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2010 and shall come into force on 6th April 2010.

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

Section 2 Amendment of the Planning (Listed buildings and Conservation Areas) Regulations 1990

The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended in accordance with the following regulations.

Section 3 Amendments relating to site notices

(1) In regulation 5 (advertisement of applications)—

(a) in paragraph (1) for “7” substitute “21”; and

(b) in paragraph (2) for “7” substitute “21”.

(2) In regulation 5A (publicity for applications affecting setting of listed buildings)—

(a) in paragraph (2) for “seven” substitute “21”; and

(b) in paragraph (6) for “seven” substitute “21”.

(3) In regulation 13 (applications by local planning authorities) in paragraph (4)(b) for “7” substitute “21”.

Section 4 Amendments relating to website publicity

In regulation 5—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (b) for the full stop substitute “; and”;

(ii) after sub-paragraph (b) insert—

(c) for not less than 21 days publish on a website maintained by the local planning authority the following information—

(i) the address or location of the proposed works;

(ii) the nature of the proposed works;

(iii) the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;

(iv) where and when the application may be inspected; and

(v) how representations may be made about the application.

(b) omit paragraphs (1A) and (1B);

(c) in paragraph (2)—

(i) for “both” substitute “each” in each place where it occurs;

(ii) at the end of sub-paragraph (b) insert “and”;

(iii) after sub-paragraph (b) insert—

(c) the period of 21 days beginning with the date on which the information required by sub-paragraph (c) of the said paragraph (1) was first published;

(d) in paragraph (3) omit “(1A), (1B)”.

(2) In regulation 5A—

(a) for paragraph (2) substitute—

(2) The local planning authority shall—

(a) publish in a local newspaper circulating in the locality in which the land is situated a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted to it, will be 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;

(b) for not less than 21 days display on or near the said building a notice containing the same particulars as are required to be published in accordance with sub-paragraph (a); and

(c) for not less than 21 days publish on a website maintained by the local planning authority the following information—

(i) the address or location of the development in question;

(ii) the nature of the development;

(iii) the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;

(iv) where and when the application may be inspected; and

(v) how representations may be made about the application.

(b) in paragraphs (3) and (4) omit “Subject to paragraph (7)”;

(c) in paragraph (4)—

(i) for “both” substitute “each” in each place where it occurs;

(ii) at the end of sub-paragraph (b) insert “and”; and

(iii) after sub-paragraph (b) insert—

(c) the period of 21 days beginning with the date on which the information required by sub-paragraph (c) of the said paragraph (2) was first published,

(d) omit paragraphs (5), (6) and (7).

(3) In regulation 13 (applications by local planning authorities)—

(a) in paragraph (4) at the end of sub-paragraph (b) for the full stop substitute “; and”; and

(b) in paragraph (4) after sub-paragraph (b) insert—

(c) for not less than 21 days publish on a website maintained by the local planning authority the following information—

(i) the address or location of the proposed works;

(ii) the nature of the proposed works;

(iii) the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;

(iv) where and when the application may be inspected; and

(v) how representations may be made about the application.

Section 5 Transitional provision

The amendments made by regulation 4 do not apply in respect of any application made before 1st October 2010.