# The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013, Article 41: Consultation before determining listed building consent


(1) Before determining a connected listed building application the Secretary of State must—
(a) consult the Historic Buildings and Monuments Commission for England; and
(b) in relation to any application proposing the demolition of the whole or part of a listed building, notify—
(i) the Ancient Monuments Society,
(ii) the Council for British Archaeology;
(iii) the Georgian Group;
(iv) the Society for the Protection of Ancient Buildings;
(v) the Victorian Society; and
(vi) the Twentieth Century Society.
(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—
(a) he must send a copy of the connected listed building application to the consultee; and
(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.
(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.
(4) The Secretary of State must, in determining the application, take into account any representations received from a consultee.
(5) For the purposes of this article, a substantive response is one which—
(a) states that the consultee has no comment to make;
(b) states that, on the basis of the information available, the consultee is content with the proposed works;
(c) refers the Secretary of State to current standing advice by the consultee on the subject of the consultation; or
(d) provides advice to the Secretary of State.

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Source: https://www.legislation.gov.uk/uksi/2013/2140/article/41 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.