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

S.I. 2010/568 · made 3 March 2010

These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (“the 1990 Regulations”) in relation to the publicity of certain applications in England.

Made under: Planning (Listed Buildings and Conservation Areas) Act 1990 (Section 10, Section 67, Section 73, Section 74, Section 93)

PDFs: Printed copy https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-amendment-england-regulations-2010/pdf/uksi_20100568_en.pdf; Explanatory Memorandum https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-amendment-england-regulations-2010/pdf/uksiem_20100568_en.pdf

## Introductory text

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
Town And Country Planning, England
Made 3rd March 2010
Laid before Parliament 9th March 2010
Coming into force 6th April 2010
The Secretary of State, in exercise of the powers conferred by sections 10(3), 67(1), 73(1), 74, and 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990, makes the following Regulations:

## 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.

## 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.

## 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”.

## 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;”; and
(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,”; and
(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.”.

## 5 Transitional provision

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

## Signature

Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd March 2010

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (“the 1990 Regulations”) in relation to the publicity of certain applications in England.
These Regulations amend regulations 5, 5A and 13 of the 1990 Regulations, which require local planning authorities to publicise applications for listed building and conservation area consent; planning applications which affect the setting of listed buildings or the character or appearance of a conservation area; and applications by the local planning authority for listed building and conservation area consent. The period for displaying a site notice is extended in each case from seven to 21 days, and information about applications must be published on the local planning authorities’ websites. The amendments relating to websites apply only to applications made on or after 1st October 2010.
An impact assessment has been prepared in relation to this instrument. The assessment has been placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU (Telephone 0303 444 1726).

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Source: https://www.legislation.gov.uk/uksi/2010/568 (the official version)
Page: https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-amendment-england-regulations-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

