{
  "url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-41",
  "json_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-41.json",
  "legislation": "uksi/2013/2140",
  "legislation_title": "The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013",
  "path": "article/41",
  "kind": "article",
  "number": "41",
  "heading": "Consultation before determining listed building consent",
  "text": "(1) Before determining a connected listed building application the Secretary of State must—\n(a) consult the Historic Buildings and Monuments Commission for England; and\n(b) in relation to any application proposing the demolition of the whole or part of a listed building, notify—\n(i) the Ancient Monuments Society,\n(ii) the Council for British Archaeology;\n(iii) the Georgian Group;\n(iv) the Society for the Protection of Ancient Buildings;\n(v) the Victorian Society; and\n(vi) the Twentieth Century Society.\n(2) 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—\n(a) he must send a copy of the connected listed building application to the consultee; and\n(b) 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.\n(3) 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.\n(4) The Secretary of State must, in determining the application, take into account any representations received from a consultee.\n(5) For the purposes of this article, a substantive response is one which—\n(a) states that the consultee has no comment to make;\n(b) states that, on the basis of the information available, the consultee is content with the proposed works;\n(c) refers the Secretary of State to current standing advice by the consultee on the subject of the consultation; or\n(d) provides advice to the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2140/article/41",
    "retrieved_at": "2026-10-29T00:43:28.016424+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."
}