The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014

Consequential amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990

10.  Regulation 5A of the Planning (Listed Buildings and Conservation Areas) Regulations 1990(1) is amended as follows—

(a)in paragraph (1)—

(i)after “to a local planning authority” insert “or the Secretary of State under section 62A of the principal Act”; and

(ii)after “the authority think” insert “or, as the case may be, the Secretary of State thinks”;

(b)in paragraph (2), for “The local planning authority” substitute “Subject to paragraph (2A),the local planning authority”;

(c)after paragraph (2) insert—

“(2A) In the case of an application for planning permission made under section 62A of the principal Act, paragraphs (2B) and (2C) apply instead of paragraph (2).

(2B) Where this paragraph applies, the Secretary of State must—

(a)publish in a local newspaper circulating in the locality in which the land is situated a notice indicating the nature of the development in question, and naming a place where a copy of the application, and of all plans and other documents submitted to him, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and

(b)publish on a website maintained by the Secretary of State—

(i)the address or location of the proposed development;

(ii)a description of the proposed development;

(iii)the date by which any representations about the application must be made, which must not be before the last day of the period of 21 days beginning with the date on which the information is published on the website;

(iv)where and when the application may be inspected; and

(v)the Secretary of State’s address for receipt of representations about the application.

(2C) Where this paragraph applies, the local planning authority must, within 5 working days of receipt of a notice under article 11(2) of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(2) in relation to the application publicise the application by giving requisite notice (which takes the meaning given in article 14 of that Order)—

(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days; and

(b)by sending a copy of the notice to the Secretary of State.”; and

(d)in paragraph (4), after “determined by the local planning authority” insert “or, as the case may be, the Secretary of State” and after “applies, the local planning authority” “or, as the case may be, the Secretary of State”.