Regulation 2 Amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990
The Planning (Listed Buildings and Conservation Areas) Regulations 1990f1 are amended in accordance with this regulation.
In regulation 8 (appeals)—
in paragraph (1) substitute “six months of the date of the notice” for “six months of notice”;
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.”
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)(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.”.
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”.
Annotations
Footnotes
- f1
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S.I. 1990/1519, as amended by S.I. 1991/2804, 1996/525, 2003/956, 2003/2048, 2004/2210, 2004/3341, 2005/1085, 2006/1063, 2006/1283, 2006/3316, 2008/551, 2009/2262, 2009/2711, 2010/568, 2010/1551, 2010/2185, 2012/2275, 2012/2590, and revoked in relation to Wales by S.I. 2012/793.
- f2
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Paragraph 6 has been amended in ways not relevant to these Regulations.
- f3
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Section 82B was inserted by section 83(1) of the Planning and Compulsory Purchase Act 2004 (c. 5).