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Article 32 General provisions in relation to applicationsF1

(1)

When the Secretary of State receives—

(a)

a connected listed building application which complies with the requirements of article 29;

(b)

the certificate required under article 34;

(c)

the design and access statement required under article 31; and

(d)

subject to paragraph (2), the particulars which would be required by the designated planning authority under section 10(2)(c) of the Listed Buildings Act had the application been made to that authority,

the Secretary of State must, as soon as is reasonably practicable, send to the applicant an acknowledgement of the application.

(2)

Paragraph (1)(d) only applies if—

(a)

before the application is made to the Secretary of State the designated planning authority publishes or republishes, for the purposes of regulation 3(8)(a) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990, a list of requirements on a website; and

(b)

the particulars required to be included in the application fall within that list; and

(c)

the list mentioned in sub-paragraph (a) was published (or republished) before the date on which the application is made.

(3)

Where, after sending an acknowledgement as required by paragraph (1), the Secretary of State considers that the connected listed building application is not a valid application, the Secretary of State must, as soon as reasonably practicable, notify the applicant that the application is not a valid application.

(4)

Subject to paragraph (5), in this article “valid application” means a connected listed buildings application which consists of—

(a)

an application which complies with the requirements of article 29; and

(b)

the documents or particulars mentioned in paragraphs (1)(b) to (d),

and a valid application is taken to have been received when the application, and such of the documents or particulars referred to above as are required to be included in, or to accompany, the application have been lodged with the Secretary of State.

(5)

A connected listed building application is not to be considered to be a valid application if it does not satisfy the requirements of paragraph (4) within 10 working days of the Secretary of State deciding that the related relevant application is a valid application.

Annotations

Textual amendments

F1

Pt. 6 inserted (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 6