# The Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendment) (England) Regulations 2006, Note: Explanatory note


(This note is not part of the Regulations)
Section 83 of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) amended the Planning (Listed Buildings and Conservation Areas) Act 1990 by inserting a new section 82B. This makes provision for urgent applications for works to buildings on Crown land which are listed or which are in conservation areas and provides for such applications to be made directly to the Secretary of State. Section 82B(8) imposes a duty on the Secretary of State to publicise the application in accordance with any prescribed requirements. These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to prescribe those publicity requirements (regulation 2).
Section 79 of the 2004 Act amended the Planning (Hazardous Substances) Act 1990 by inserting a new section 30B. This makes transitional provision for hazardous substances consent to be deemed to be granted in relation to hazardous substances present on Crown land before the date on which Part 7 of the 2004 Act (which applies the planning Acts to the Crown) is commenced. Section 30B requires a claim to be made for deemed hazardous substances consent in the prescribed form and contain the prescribed information. It also provides that any deemed consent will be subject to certain conditions - including any condition which is prescribed. These Regulations amend the Planning (Hazardous Substances) Regulations 1992 to prescribe the form and content of the claim and the conditions to which a deemed consent will be subject (regulation 3).
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the public sector.

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Source: https://www.legislation.gov.uk/uksi/2006/1283/note (the official version)
Page: https://openlegislation.uk/planning-listed-buildings-conservation-areas-and-hazardous-substances-amendment-england-regulations-2006/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

