The Planning (Listed Buildings and Conservation Areas) (Amendment No. 2) (England) Regulations 2013

• Citation: S.I. 2013/2115
• Sections: 3

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment No. 2) (England) Regulations 2013 and shall come into force on 1st October 2013.

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

Section 2 Amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990

(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended in accordance with this regulation.

(2) In regulation 8 (appeals)—

(a) in paragraph (1) substitute “six months of the date of the notice” for “six months of notice”;

(b) in paragraph (2) after sub-paragraph (iv) insert—

(v) subject to paragraph (4), the applicant’s full statement of case (if they wish to make additional representations);

(vi) subject to paragraph (4), a statement of which procedure (written representations, a hearing or an inquiry) the applicant considers should be used to determine the appeal; and

(vii) subject to paragraph (4), a draft statement of common ground if the applicant considers that the appeal should be determined through a hearing or an inquiry.

(c) after paragraph (2) insert—

(3) Subject to paragraph (4), such a person shall also, as soon as reasonably practicable, furnish to the local planning authority a copy of—

(i) the notice of appeal sent to the Secretary of State pursuant to paragraph (1); and

(ii) any of the documents referred to in paragraph (2)(v) to (vii) that they send to the Secretary of State.

(4) Paragraphs 2(v) to (vii) and (3) do not apply—

(a) where a direction is given by the Secretary of State under paragraph 6(6) of Schedule 3 to the Act (matters related to national security) ; or

(b) where section 82B of the Act (urgent Crown development) applies.

(5) In this regulation—

“draft statement of common ground” means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority;

“full statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence.

(3) In paragraph (1) of Part 2 of Schedule 1 substitute “six months of the date of this notice” for “six months of receipt of this notice”.

Section 3 Transitional provisions

(1) These Regulations do not apply in relation to—

(a) any appeal under section 20(1) of the Listed Buildings Act relating to an application determined before these Regulations come into force; or

(b) any appeal under section 20(2) of the Listed Buildings Act if the relevant period referred to in that paragraph expired before these Regulations come into force.

(2) in this regulation “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .