Classes of appeal reserved for determination by the Secretary of State

4.  Regulation 3 above shall not apply in the following classes of case—

(a)appeals under section 78 of the principal Act by statutory undertakers where the relevant application related to land to which section 266 of that Act applies;

(b)appeals under section 174 of the principal Act by statutory undertakers where the breach of planning control alleged in the enforcement notice consists in the carrying out of development on land to which section 266 of that Act applies, or failure to comply with a condition or limitation on a grant of planning permission for development of any such land;

(c)appeals under section 174 of the principal Act relating to development in respect of which an environmental statement is required for the purposes of the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995(1);

(d)appeals under section 20 of the Listed Buildings Act (listed building consent) concerned with Grade I and II* listed buildings;

(e)appeals under section 39 of the Listed Buildings Act (listed building enforcement notices) concerned with Grade I and II* listed buildings;

(f)appeals relating to buildings for which grants have been made under section 3A or 4 of the Historic Buildings and Ancient Monuments Act 1953(2).