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The Enterprise and Regulatory Reform Act 2013 (Abolition of Conservation Area Consent) (Consequential and Saving Provisions) (England) Order 2013

S.I. 2013/2146 · Made 29 August 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Town And Country Planning, England

Made 29th August 2013

Laid 4th September 2013

Coming into force 1st October 2013

The Secretary of State makes the following Order in exercise of the powers conferred by sections 99 and 100 of the Enterprise and Regulatory Reform Act 2013f1.

Annotations to the whole text

Footnotes

f1

2013 c. 24.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to enactments
  4. 4Saving provisions - conservation area consent applications already submitted
  5. Signature
  6. Schedule: Abolition of Conservation Area Consent: Consequential Amendments
  7. 1The Planning (Listed Buildings and Conservation Areas) Regulations 1990
  8. 2The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
  9. 3The Town and Country Planning (Inquiries Procedure) (England) Rules 2000
  10. 4The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000
  11. 5The Town and Country Planning (Hearings Procedure) (England) Rules 2000
  12. 6The Local Authorities (Functions and Responsibilities) (England) Regulations 2000
  13. 7The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002
  14. 8The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002
  15. 9The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002
  16. 10The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002
  17. 11The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002
  18. 12The Town and Country Planning (Timetable for Decisions) (England) Order 2005
  19. 13The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005
  20. Explanatory note

1Citation and commencement

This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Abolition of Conservation Area Consent) (Consequential and Saving Provisions) (England) Order 2013 and comes into force on 1st October 2013.

2Interpretation

In this Order—

  • “the 2013 Act” means the Enterprise and Regulatory Reform Act 2013.

3Amendments to enactments

Subject to article 4, the amendments specified in the Schedule to this Order (in so far as they apply to England) shall have effect.

4Saving provisions - conservation area consent applications already submitted

(1)

The amendments made by article 3 shall not have effect in relation to—

(a)

an application for conservation area consent submitted to a local planning authorityf1 or (where applicable) to the Secretary of State, before 1st October 2013; or

(b)

any appeal, enforcement or other proceedings in respect of such an application.

(2)

Notwithstanding the commencement of paragraphs 1 to 6, 12 and 13 of Schedule 17 to the 2013 Act and section 63 of that Act in so far as it relates to those paragraphs, the amendments made by those provisions to—

(a)

the National Heritage Act 1983f2,

(b)

the Town and Country Planning Act 1990f3, and

(c)

the Planning (Listed Buildings and Conservation Areas) Act 1990f4,

shall not have effect in relation to an application mentioned in paragraph (1).

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Nick Boles

Parliamentary Under Secretary of State

Department for Communities and Local Government

29th August 2013

1The Planning (Listed Buildings and Conservation Areas) Regulations 1990

In the Planning (Listed Buildings and Conservation Areas) Regulations 1990f1—

(a)

in regulation 3 (applications for listed building consent or for conservation area consent)—

(i)

in the heading omit “or for conservation area consent”;

(ii)

in paragraph (1) omit “or conservation area consent”; and

(iii)

in paragraph (7) omit “or conservation area consent”

(b)

in regulation 4 (applications to vary or discharge conditions attached to listed building consent or conservation area consent)—

(i)

in the heading omit “or conservation area consent”; and

(ii)

in paragraph (1) omit “or conservation area consent”

(c)

in regulation 8 (appeals)—

(i)

in paragraph (1)(a)(i) omit “or conservation area consent” and “either”; and

(ii)

in paragraph (1)(a)(ii) omit “or a conservation area consent”

(d)

in regulation 8A (use of electronic communications)—

(i)

in paragraph (1)(a) omit “or conservation area consent”;

(ii)

in paragraph (1)(b) omit “or conservation area consent”;

(iii)

in paragraph (6)(a) omit “or conservation area consent”; and

(iv)

in paragraph (6)(b) omit “or conservation area consent”

(e)

for regulation 12 (demolition of unlisted buildings in conservation areas) substitute—

“12.

In their application to buildings in conservation areas, the provisions of the Act referred to in section 74(2A)f2 and which are set out in column 1 of Schedule 3 to these Regulations shall have effect as they have effect in relation to listed buildings subject to the exceptions and additional modifications (if any) set out opposite such provisions in column 2 of that Schedule.”

(f)

in regulation 13 (applications by local planning authorities)—

(i)

in paragraph (1) omit “or for the demolition of unlisted buildings in conservation areas”;

(ii)

in paragraph (2) omit “or conservation area consent for the demolition of a building within a conservation area in their area”; and

(iii)

in paragraph (8) omit “, or a building in a conservation area,” and “or a building in a conservation area”

(g)

in regulation 15 (application for listed building or conservation area consent in respect of Crown land)—

(i)

in the heading omit “or conservation area”;

(ii)

before paragraph (a) omit “and conservation area consent”; and

(iii)

in paragraph (1A) omit “or conservation area”

(h)

in Part 2 of Schedule 1 (notification to be sent to applicant on refusal of listed building consent or conservation area consent, or grant of consent subject to conditions (to be endorsed on notices of decision))—

(i)

in the heading omit “or Conservation Area Consent,”;

(ii)

in paragraph (1) omit “or conservation area consent”; and

(iii)

in paragraph (2) omit “or conservation area consent”

(i)

in Part 3 of Schedule 1 (notification to be sent to applicant on refusal to vary or discharge conditions attached to listed building consent or conservation area consent, or on the addition of new conditions consequential upon variation or discharge)—

(i)

in the heading omit “or Conservation Area Consent,”; and

(ii)

in paragraph (a) omit “or a conservation area consent”

(j)

in Part 2 of Schedule 2 omit “[conservation area consent]” in both places it appears; and

(k)

for Schedule 3 substitute—

“SCHEDULE 3

Provisions of the Act relating to listed building controlExceptions and additional modifications (if any)
Section 56For the words “sections 47 and 48 or section 54”, substitute the words “section 54 where a direction has been made in respect of that building under section 76(1)”.
Section 66(1)Omit
Section 90(2) to (4)None.

”

2The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997

In the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997f1, in regulation 3—

(a)

in paragraph (2)(a) omit “, including appeals under that section as having effect by virtue of section 74 of that Act (conservation areas)”; and

(b)

in paragraph (2)(b) omit “, including appeals under that section as having effect by virtue of section 74 of that Act”.

3The Town and Country Planning (Inquiries Procedure) (England) Rules 2000

In the Town and Country Planning (Inquiries Procedure) (England) Rules 2000f1—

(a)

in rule 2 (interpretation) in paragraph (1) omit the definition of “conservation area consent”; and

(b)

omit rule 3(1)(c) (application of rules).

4The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000

In the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000f1—

(a)

in rule 2 (interpretation) in paragraph (1) omit the definition of “conservation area consent”; and

(b)

in rule 3 (application of rules) in paragraph (1)(b) omit “or in relation to conservation area consent under that section as applied by section 74(3) of that Act”.

5The Town and Country Planning (Hearings Procedure) (England) Rules 2000

In the Town and Country Planning (Hearings Procedure) (England) Rules 2000f1, in rule 3 (application of rules) omit paragraph (1)(c).

6The Local Authorities (Functions and Responsibilities) (England) Regulations 2000

In the Local Authorities (Functions and Responsibilities) (England) Regulations 2000f1, in Schedule 1—

(a)

omit paragraph 25; and

(b)

in paragraph 26 omit “and conservation area consent”.

7The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002

In the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002f1, in regulation 9 (statement by local planning authority) in paragraph (1)(b) omit “or conservation area consent” and “or conservation area enforcement notice”.

8The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002

In the Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002f1, in regulation 7 (representations) in paragraph (4)(b) omit “or conservation area consent” and “or conservation area enforcement notice”.

9The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002

In the Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002f1—

(a)

in rule 3 (application of the rules), in paragraph 1(c) omit “or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice)”; and

(b)

in rule 4 (preliminary information to be supplied by local planning authority), in paragraph (2)(b)(iii) omit “or conservation area”.

10The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002

In the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002f1—

(a)

in rule 3 (application of the rules), in paragraph 1(c) omit “or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice)”; and

(b)

in rule 4 (preliminary information to be supplied by local planning authority) in paragraph (2)(b)(iii) omit “or conservation area”.

11The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002

In the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002f1—

(a)

in rule 3 (application of the rules), in paragraph 1(c) omit “or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice)”; and

(b)

in rule 4 (preliminary information to be supplied by local planning authority) in paragraph (2)(b)(iii) omit “or conservation area”.

12The Town and Country Planning (Timetable for Decisions) (England) Order 2005

In the Town and Country Planning (Timetable for Decisions) (England) Order 2005f1, in article 2 (decisions to which a timetable is not to apply), in paragraph (4)(e) omit “or conservation area consent”.

13The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005

In the Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005f1, in article 1 (citation, commencement and interpretation), in paragraph (2) omit “, conservation area consents” from the definition of “other planning application”.

Explanatory note

(This note is not part of the Order)

This Order amends secondary legislation as a consequence of the Enterprise and Regulatory Reform Act 2013 (“the 2013 Act”).

Paragraphs 1 to 6, and 12 and 13, of Schedule 17 to the 2013 Act amended sections 74 and 75 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to abolish the system of conservation area consent as it applies to buildings in conservation areas in England (and to provide that planning permission will instead be required) and this Order makes amendments consequential on those changes.

The consequential amendments made by this Order are subject to article 4, which makes saving provisions in relation to conservation area consent so that where, prior to 1st October 2013, an application for such consent has already been submitted, that application shall be dealt with under the existing statutory provisions.

A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.