{ "url": "https://openlegislation.uk/town-and-country-planning-development-management-procedure-and-section-62a-applications-england-amendment-order-2014/note", "json_url": "https://openlegislation.uk/town-and-country-planning-development-management-procedure-and-section-62a-applications-england-amendment-order-2014/note.json", "legislation": "uksi/2014/1532", "legislation_title": "The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014", "legislation_url": "https://openlegislation.uk/town-and-country-planning-development-management-procedure-and-section-62a-applications-england-amendment-order-2014", "path": "note", "kind": "note", "number": null, "heading": "Explanatory note", "text": "(This note is not part of the Order)\nThis Order amends the Town and Country Planning (Development Management Procedure) (England) Order 2010 to insert a new text into the notice sent to applicants who have been refused planning permission or who have been granted permission subject to conditions. The new text is only relevant where the application is for minor commercial development.\nThis Order also applies with modifications provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 (“Listed Buildings Act”) and certain other provisions to enable the Secretary of State to determine applications for listed buildings consent made to the Secretary of State under section 62A(3) of the Town and Country Planning Act 1990 (“the 1990 Act”). An application for planning permission may only be made to the Secretary of State under section 62A of the 1990 Act where the local planning authority for the area is designated under that section. Where the applicant makes such an application he may also make a connected listed building application for listed building consent to the Secretary of State.\nIn particular, this Order sets out the provisions which apply to such connected listed building applications, namely—\n(e) the modifications to the Listed Buildings Act which apply to such connected listed building applications; and\n(f) the rules as to making and determining connected listed building applications – which broadly are a modified version of the rules in the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(“the Section 62A Order”).\nWhere a person applies for planning permission under section 62A of the 1990 and also submits a connected listed building application, then the Listed Buildings Act 1990 (as modified by this Order), the 1990 Act (as modified by this Order) and secondary legislation made under provisions of that Part (as modified by this Order) would apply to that application.\nIn particular the following provisions of the Listed Buildings Act are relevant to connected listed building applications for listed buildings consent under section 62A of the 1990 Act.\nSection 8 – this provides that listed building consent from a local planning authority or the Secretary of State is required before executing certain works to a listed building.\nSection 10 – with the modifications provided for in this Order, this provides for applications for connected listed building applications to be made following the procedure set out in section 10 and in the Section 62A Order.\nSection 11 – with the modifications provided for in this Order, this provides for the connected listed building application to be accompanied by a certificate explaining the ownership of the building in question and the Section 62A Order provides that the Secretary of State may not determine the connected listed building application until 21 days after the date the owners and occupiers have been notified of the proposals.\nSection 14 – with the modifications provided for in this Order, this provides that where a connected listed building application is made in relation to a listed building in Greater London the Secretary of State must notify English Heritage and may not determine the application unless he is authorised or directed to do so.\nIn particular the following provisions of the 1990 Act are relevant to connected listed building applications for listed buildings consent under section 62A.\nSection 62A – this provides that an application for listed building consent under the Listed Buildings Act 1990 may be made to the Secretary of State; that the Secretary of State has the power to refer the application to the relevant planning authority where he considers that it is not connected; that the Secretary of State’s decision on a connected listed building application is final; and that the Secretary of State may give directions to the relevant planning authority to do things in relation to a connected listed building application.\nSection 76C(3) – this allows the Secretary of State to apply, with or without modifications, any enactments which relate to applications such as section 62A applications. This is the main power used to make this Order.\nSection 76D (except subsection (3)) – this provides that a connected listed building application is to be determined by a person appointed by the Secretary of State; that the decision of the appointed person is to be treated as the decision of the Secretary of State; and that the validity of the decision may not be questioned except under Part 12 of the 1990 Act.\nSection 76E – this allows the Secretary of State to recover the determination of a connected listed building application so the Secretary of State decides the application himself.\nSection 284(1)(f) and (3)(ya) – this provides that except as provided for under section 288 the validity of any decision of the Secretary of State on a connected listed building application may not be challenged in any legal proceedings – section 288(1)(b) and (4) allows an aggrieved person to challenge such a decision in certain circumstances – the grounds and timetable for challenge are set out in section 288.\nSection 303(1A) – this provision, and the secondary legislation made under it, allow the Secretary of State to charge fees in relation to connected listed building applications, including fees for pre-application advice.\nSection 319A(1) and (7)(za) – this provision, and the secondary legislation made under it, require that the Secretary of State determine which procedure will apply to a connected listed building application within 5 working days of the end of the representation period for the application (the representation period is defined in article 2(1) of the Section 62A Order) – article 22 of that Order provides the application must be considered either on the basis of written representations or at a hearing. Section 323 of the 1990 Act and section 9 of the Tribunals and Inquiries Act 1992, and the secondary legislation made under those powers, set out the procedure for written representations and hearings.\nThe Order also makes consequential amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to refer to section 62A connected applications and provides further implementation of section 1 of, and Schedule 1 to, the Growth and Infrastructure Act 2013.\nThe Growth and Infrastructure Act 2013 was subject to a full impact assessment which can be found at www.legislation.gov.uk. Copies of the impact assessment may be obtained from the Planning Directorate, Department for Communities and Local Government, 1st Floor, Eland House, Bressenden Place, London, SW1E 5DU.", "extent": "E+W", "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "S.I. 2013/2140, to which there are amendments not relevant to this Order." }, { "type": "footnote", "label": "f2", "text": "S.I. 2012/2920, in particular regulation 2A which was inserted by S.I. 2013/2153." }, { "type": "footnote", "label": "f3", "text": "Section 319A was inserted into the 1990 Act by section 196 of the Planning Act 2008 (c. 29) and subsection (7)(za) was inserted by section 1 of, and paragraph 11 of Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27)." }, { "type": "footnote", "label": "f4", "text": "S.I. 2013/2142, in particular regulation 4." }, { "type": "footnote", "label": "f5", "text": "1992 c. 53." }, { "type": "footnote", "label": "f6", "text": "In particular S.I. 2013/2141." } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/2014/1532/note", "retrieved_at": "2026-10-29T00:13:20.881281+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }