The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

• (3) For the purposes of this article, the questionnaire may only include a requirement to provide the Secretary of State—

• (a) details of any functions under the Listed Buildings Act which the designated planning authority has exercised in relation to, or which affect, the listed building;

• (b) a statement as to whether any advice has been given by the designated planning authority to the applicant in relation to works to the listed building; and

• (c) such other documents or information as the Secretary of State considers reasonably necessary to determine the connected listed building application.

Publicity for applications: Secretary of State

37

• (1) Within 5 working days of the receipt of a connected listed building application, which is a valid application (within the meaning in article 32), the Secretary of State must publish the following details on a website maintained by the Secretary of State—

• (a) the address or location of the listed building;

• (b) a description of the proposed works;

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

• (d) where and when the application may be inspected; and

• (e) the Secretary of State’s address for receipt of representations about the application.

• (2) In addition to the requirements of paragraph (1), the Secretary of State must, as soon as reasonably practicable—

• (a) publicise a connected listed building application by publication of a notice in a newspaper circulating in the locality in which the listed building to which the application relates is situated; and

• (b) make copies of the application and any documents accompanying it available on the website referred to in paragraph (1).

Publicity for applications: designated planning authority

38

• (1) Within 5 working days of the receipt of a notice under article 35(2) in relation to a connected listed building application, the designated planning authority must publicise the application by giving requisite notice—

• (a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; and

• (b) by sending a copy of the notice to the Secretary of State.

• (2) Where the notice is, without any fault or intention of the designated planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (1)(a) has elapsed, the authority is treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement.

• (3) In this article “requisite notice” means notice in the appropriate form set out in Schedule 5.

Information to be provided to the local planning register authority

39

Where a connected listed building application, which is a valid application (within the meaning in article 32), is received by the Secretary of State, he must, as soon as reasonably practicable, send a copy of the application and of any accompanying plans, drawings and information to the local planning register authority for the land to which the application relates unless he has already sent a copy of those documents to the authority under article 35(1).

Representations received by the designated planning authority

40

Where representations in relation to a connected listed building application are received by the designated planning authority they must, as soon as reasonably practicable, forward the representations to the Secretary of State at the address notified to the designated planning authority by the Secretary of State for that purpose.

Consultation before determining listed building consent

41

• (1) Before determining a connected listed building application the Secretary of State must—

• (a) consult the Historic Buildings and Monuments Commission for England; and

• (b) in relation to any application proposing the demolition of the whole or part of a listed building, notify—

• (i) the Ancient Monuments Society,

• (ii) the Council for British Archaeology;

• (iii) the Georgian Group;

• (iv) the Society for the Protection of Ancient Buildings;

• (v) the Victorian Society; and

• (vi) the Twentieth Century Society.

• (2) Where the Secretary of State is required to consult or notify an authority or person under paragraph (1) (“the consultee”) before determining a connected listed building application—

• (a) he must send a copy of the connected listed building application to the consultee; and

• (b) subject to paragraph (3), he must not determine the application until at least 28 days after the date on which a copy of the application is sent to the consultee.

• (3) Paragraph (2)(b) does not apply if before the end of the period referred to in that sub-paragraph the Secretary of State has received a substantive response concerning the application from the consultee.

• (4) The Secretary of State must, in determining the application, take into account any representations received from a consultee.

• (5) For the purposes of this article, a substantive response is one which—

• (a) states that the consultee has no comment to make;

• (b) states that, on the basis of the information available, the consultee is content with the proposed works;

• (c) refers the Secretary of State to current standing advice by the consultee on the subject of the consultation; or

• (d) provides advice to the Secretary of State.

Consultation with designated planning authority

42

• (1) Subject to paragraph (2), the Secretary of State must, before determining a connected listed building application—

• (a) notify the designated planning authority giving a period of at least 21 days, beginning no earlier than the date the Secretary of State sends the notice under article 35(2) in relation to the application, within which to make representations about the application (including as to the manner in which the application is to be determined); and

• (b) take into account any such representations received.

• (2) Paragraph (1)(a) does not apply if before the end of the period referred to in that paragraph the Secretary of State has received a substantive response (within the meaning of article 41(5)) concerning the application from the designated planning authority.

Information to be published following representation period

43

Within 5 working days of the end of the representation period or as soon as reasonably practicable thereafter, the Secretary of State must make copies of the following documents available on the website referred to in article 37—

• (a) the designated planning authority’s completed questionnaire and any document accompanying it; and

• (b) any written representations made in relation to the application which were received within the representation period.

Hearings etc

44

Before determining a connected listed building application, the person appointed by the Secretary of State under section 76D of the 1990 Act, or, where a direction has been given under section 76E(1) of the 1990 Act, the Secretary of State, must consider the connected listed building application (together with the relevant application)—

• (a) at a hearing; or

• (b) on the basis of representations in writing.

Time periods for decision

45

• (1) Subject to paragraph (4), where a connected listed building application, which is a valid application (within the meaning in article 32), has been received by the Secretary of State, he must, within the period specified or referred to in paragraph (2), give the applicant notice of his decision.

• (2) The period specified or referred to in this paragraph is—

• (a) 13 weeks beginning with the day immediately following that on which the application is received by the Secretary of State; or

• (b) such extended period as may be agreed in writing between the applicant and the Secretary of State.

• (3) Subject to paragraph (4), the Secretary of State must not determine a connected listed building application, where any notice of, or information about, the application has been—

• (a) given by site display under article 38, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display;

• (b) served on an owner of the land under article 33 before the end of the period of 21 days beginning with the date on which the notice was served on that person;

• (c) published in a newspaper under article 33 or 37, within the period of 14 days beginning with the date on which the notice was published; or

• (d) published on a website under article 37(1), within the period of 21 days beginning with the date on which the information was published.

• (4) Where, under paragraph (3), more than one of the periods applies, the Secretary of State must not determine the application before the end of the later or latest of such periods.

Contents of the decision notice

46

When the Secretary of State gives notice of a decision on a connected listed building application—

• (a) where listed building consent is granted subject to conditions, the notice must state clearly and precisely the full reasons for each condition imposed; and

• (b) where listed building consent is refused, the notice must state clearly and precisely the full reasons for the refusal, specifying all policies and proposals in the development plan which are relevant to the decision.

Publishing the decision

47

Within 5 working days of sending a notice to an applicant under article 45 (“the decision notice”), the Secretary of State must—

• (a) make copies of the following documents, in relation to the connected listed building application, available on the website referred to in article 37—

• (i) the decision notice; and

• (ii) a copy of any statement explaining the decision prepared by a person appointed under section 76D of the 1990 Act;

• (b) send a copy of the decision notice to the designated planning authority; and

• (c) send a notice explaining that the decision has been made and details of where on the website referred to in sub-paragraph (a) a copy of the decision notice can be found to—

• (i) each consultee consulted or notified in relation to the application under article 41; and

• (ii) every person who has asked to be notified of the decision in relation to the application.

PART 7 — Connected applications: hearings and written representations

Other provisions applying to connected listed building applications: hearings

48

Where a relevant application is accompanied by a connected listed building application, the procedure to be followed at any hearing to consider the applications is the procedure set out in the Town and Country Planning (Section 62A Applications) (Hearings) Rules 2013 subject to the following modifications; the reference in rules 9(3) and 10(3) to articles 9, 13, 14, 16, 17 or 18 of this Order, is to be read, in relation to a connected listed building application, as a reference to articles 33, 37, 38, 40, 41 or 42 of this Order.

Other provisions applying to connected listed building applications: written representations

49

Where a relevant application is accompanied by a connected listed building application, the procedure to be followed where the applications are considered on the basis of written representations is the procedure set out in Part 3 of the Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013, subject to the following modifications; the reference in rules 9(3) and 10(3) to articles 9, 13, 14, 16, 17 or 18 of this Order, is to be read, in relation to a connected listed building application, as a reference to articles 33, 37, 38, 40, 41 or 42 of this Order.

SCHEDULE 3 — Provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 which apply with modifications to connected listed building applications

1

The following provisions of the Listed Buildings Act apply to connected listed building applications with the modifications specified below.

2

Sections 10 and 11 are modified as follows—

• (a) in sections 10(1) and 11(4), references to local planning authorities, however described, are treated as references to the Secretary of State; and

• (b) in sections 10(3) and 11(1), references to “regulations under this Act” (and “regulations” in sections 10(4) and 11(3) to (6)) are treated as reference to “development order under the principal Act”.

3

Section 81A(2) is modified as if after “section 12” there were inserted “or made to the Secretary of State under section 62A(3) of the principal Act”.

4

Section 81B(3) is modified as if after “section 12” there were inserted “or made to the Secretary of State under section 62A(3) of the principal Act”.

5

Section 82F(2) is modified as if reference to “regulations” is reference to “development order under the principal Act”.

6

Section 88D is modified as if the following provision were inserted after subsection (7)(a) of that section—

(ba) an application for listed building consent made to the Secretary of State under section 62A(3) of the principal Act instead of being dealt with by a local planning authority in England;

Schedule 4

Schedule 5

Publicity for applications for planning permission within 10 metres of relevant railway land: designated planning authority

14A

• (1) This article applies where any part of the development to which a relevant application relates is situated within 10 metres of relevant railway land.

• (2) The designated planning authority must, except where paragraph (3) applies, publicise a relevant application by serving requisite notice on any infrastructure manager of relevant railway land.

• (3) Where an infrastructure manager has instructed the designated planning authority in writing that they do not require notification in relation to a particular description of development, type of building operation or in relation to specified sites or geographical areas (“the instruction”), the designated planning authority is not required to notify that infrastructure manager.

• (4) The infrastructure manager may withdraw the instruction at any time by notifying the designated planning authority in writing.

• (5) In this article “requisite notice” means notice in the appropriate form set out in Schedule 2.

Register of applications

Representations received by the designated planning authority