Planning (Listed Buildings and Conservation Areas) Regulations 1990

1990 No. 1519

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Planning (Listed Buildings and Conservation Areas) Regulations 1990

Made 20th July 1990

Laid before Parliament 30th July 1990

Coming into force 24th August 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 2, 10, 11, 19, 20, 21, 25, 27, 28, 29, 32, 42, 74, 82, 84, 911, and 93 of the Planning (Listed Buildings and Conservation Areas) Act 19902and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation and Commencement

Citation and Commencement

1. These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) Regulations 1990 and shall come into force on 24th August 1990.

S-2 Interpretation

Interpretation

2. In these Regulations “the Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.

S-3 Applications for listed building consent or for conservation area consent

Applications for listed building consent or for conservation area consent

3.—(1) An application to a local planning authority for listed building consent or for conservation area consent shall be made on a form issued by the local planning authority and obtainable from that authority and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.

(2) On receipt of any such application with a certificate under regulation 6 the local planning authority shall send to the applicant an acknowledgement thereof in the terms (or substantially in the terms) set out in Part I of Schedule 1 hereto.

(3) Where, after the sending of an acknowledgement as required by paragraph (2), the local planning authority form the opinion that the application is invalid by reason of failure to comply with the requirements of paragraph (1) or with any other statutory requirement, they shall as soon as may be notify the applicant that his application is invalid.

(4) Where a valid application under paragraph (1) has been received by a local planning authority, the time within which the authority shall give notice to an applicant of their decision or of the reference of an application to the Secretary of State shall be a period of 8 weeks from the date when the form of application and the certificate under regulation 6 were lodged with the local planning authority or (except where the applicant has already given notice of appeal to the Secretary of State) such other period as may at any time be agreed upon in writing between the applicant and the local planning authority.

(5) Every such notice of decision or reference to the Secretary of State shall be in writing and where the local planning authority decide to grant listed building consent or conservation area consent subject to conditions or to refuse it, the notice shall state the reasons for the decision and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part II of Schedule 1 hereto.

S-4 Applications to vary or discharge conditions attached to listed building consent or conservation area consent

Applications to vary or discharge conditions attached to listed building consent or conservation area consent

4.—(1) An application to a local planning authority by a person interested in a building for the variation or discharge of conditions attached to a listed building consent or conservation area consent granted in respect of that building shall be made on a form issued by the local planning authority and obtainable from that authority, and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.

(2) Regulations 3(2) to 3(5) shall have effect in relation to an application under this regulation as they have effect in relation to an application under regulation 3(1), except that for the reference in regulation 3(5) to a notification in the terms set out in Part II of Schedule 1, there shall be substituted a reference to a notification in the terms set out in Part III of that Schedule.

S-5 Advertisement of applications

Advertisement of applications

5.—(1) Subject to paragraph (3), where an application under regulation 3 or 4 is made to a local planning authority in respect of any building the authority shall–

(a)

(a) publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with 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; and

(b)

(b) for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a).

(2) Subject to paragraph (3), an application under regulation 3 or 4 shall not be determined by the local planning authority before both of the following periods have elapsed, namely–

(a)

(a) the period of 21 days referred to in sub-paragraph (a) of paragraph (1) above; and

(b)

(b) the period of 21 days beginning with the date on which the notice required by sub-paragraph (b) of the said paragraph (1) was first displayed;

and in determining the application the authority shall take into account any representations relating to the application which are received by them before both of those periods have elapsed.

(3) Paragraphs (1) and (2) shall not apply to any application for–

(a)

(a) listed building consent to carry out works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building; or

(b)

(b) the variation or discharge of conditions attached to a listed building consent in respect of the interior of such a Grade II (unstarred) listed building.

S-6 Certificate to accompany applications and appeals

Certificate to accompany applications and appeals

6.—(1) A local planning authority shall not entertain any application under regulation 3 or 4 unless it is accompanied by one of the following certificates signed by or on behalf of the applicant–

(a)

(a) a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the building to which the application relates;

(b)

(b) a certificate stating that the applicant has given the requisite notice of the application to all persons (other than himself) who at the beginning of that period were owners of any of the building to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(c)

(c) a certificate stating that the applicant is unable to issue a certificate in accordance with either sub-paragraphs (a) or (b), that he has given the requisite notice of the application to such one or more of the persons mentioned in sub-paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;

(d)

(d) a certificate stating that the applicant is unable to issue a certificate in accordance with sub-paragraph (a), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in sub-paragraph (b) but has been unable to do so.

(2) Any such certificate as is mentioned in sub-paragraph (c) or sub-paragraph (d) of paragraph (1) shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (which must not be earlier than the beginning of the period mentioned in sub-paragraph (a) of paragraph (1)) been published in a local newspaper circulating in the locality in which the building is situated.

(3) Where an application under regulation 3 or 4 is accompanied by such a certificate as is mentioned in sub-paragraph (b), sub-paragraph (c), or sub-paragraph (d) of paragraph (1), the local planning authority–

(a)

(a) shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as so mentioned;

(b)

(b) shall in determining the application take into account any representations relating to it which are made to them before the end of that period by any person who satisfies them that he is an owner of any of the building to which the application relates; and

(c)

(c) shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with sub-paragraph (b).

(4) For the purposes of this regulation, “owner” means a person who is for the time being the estate owner in respect of the fee simple or is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.

(5) The provisions of this regulation shall apply, with any necessary modifications, where an application under regulation 3 or 4 is...

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