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2004 No. 2210

TOWN AND COUNTRY PLANNING, ENGLAND

The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2004

  Made 26th August 2004 
  Laid before Parliament 7th September2004 
  Coming into force 28th September 2004 

The First Secretary of State, in exercise of the powers conferred upon him by sections 10, 67, 73 and 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2004 and shall come into force on 28th September 2004.

    (2) These Regulations apply in relation to England only.

Amendment of Regulations
    
2.  - (1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990[2] are amended in accordance with paragraphs (2) and (3).

    (2) After regulation 5(1) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 insert - 

    (3) In regulation 5(3), after "Paragraphs (1)", insert "(1A), (1B)".

    (4) After regulation 5 insert - 

    (5) In regulation 8A[3] - 



Signed by authority of the First Secretary of State


Nick Raynsford
Minister of State, Office of the Deputy Prime Minister

26th August 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990. Most of the amendments are consequential on amendments and repeals in the Planning and Compulsory Purchase Act 2004. They insert publicity requirements for applications for planning permission for development which the local planning authority think will affect the setting of a listed building, or the character or appearance of a conservation area.

Different publicity requirements in relation to such applications and applications for listed building consent and conservation area consent apply in relation to applications made to the Council of the London Borough of Camden. In the case of that authority, there is no requirement to advertise those applications in a newspaper. Instead, the authority is required to advertise the applications by site notice and to place a notice of the application on a website maintained for the purpose of advertisement of applications. This brings the publicity requirement provisions for these applications made to the London Borough of Camden into line with the provisions contained in the Town and Country Planning (London Borough of Camden) Special Development Order 2004 (S.I. 2004/1704), which exempts Camden from the requirement to publicise applications for planning permission in a local newspaper, with the exception of applications that require environmental impact assessment.


Notes:

[1] 1990 c. 9. Sections 10, 67, 73 and 93 were amended by paragraphs 20, 23, 24 and 26 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5). Sections 67 and 73 were also amended by paragraphs 59 and 60 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) See also the definition of "prescribed" in section 91. The functions of the Secretary of State under these provisions were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see the entry in Schedule 1 for the Planning (Listed Buildings and Conservation Areas) Act 1990.back

[2] S.I. 1990/1519.back

[3] Regulation 8A was inserted by S.I. 2003/956, Schedule 8, paragraph 2.back



ISBN 0 11 049756 2


  © Crown copyright 2004

Prepared 7 September 2004


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