Article 41 Consultation before determining listed building consentF1
Before determining a connected listed building application the Secretary of State must—
consult the Historic Buildings and Monuments Commission for England; and
in relation to any application proposing the demolition of the whole or part of a listed building, notify—
the Ancient Monuments Society,
the Council for British Archaeology;
the Georgian Group;
the Society for the Protection of Ancient Buildings;
the Victorian Society; and
the Twentieth Century Society.
Where the Secretary of State is required to consult or notify an authority or person under paragraph (1) (“the consultee”) before determining a connected listed building application—
he must send a copy of the connected listed building application to the consultee; and
subject to paragraph (3), he must not determine the application until at least 28 days after the date on which a copy of the application is sent to the consultee.
Paragraph (2)(b) does not apply if before the end of the period referred to in that sub-paragraph the Secretary of State has received a substantive response concerning the application from the consultee.
The Secretary of State must, in determining the application, take into account any representations received from a consultee.
For the purposes of this article, a substantive response is one which—
states that the consultee has no comment to make;
states that, on the basis of the information available, the consultee is content with the proposed works;
refers the Secretary of State to current standing advice by the consultee on the subject of the consultation; or
provides advice to the Secretary of State.