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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2006 No. 1283

TOWN AND COUNTRY PLANNING, ENGLAND

The Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendment) (England) Regulations 2006

  Made 10th May 2006 
  Laid before Parliament 17th May 2006 
  Coming into force 7th June 2006 

The Secretary of State, in exercise of the powers conferred by section 82B(8) of the Planning (Listed Buildings and Conservation Areas) Act 1990[1] and by section 30B(2), (3) and (8)(b) of the Planning (Hazardous Substances) Act 1990[2], makes the following Regulations:

Citation, commencement and application
     1. —(1) These Regulations may be cited as the Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendment) (England) Regulations 2006 and shall come into force on 7th June 2006.

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

Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
    
2. —(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990[3] are amended as follows.

    (2) After regulation 5A (publicity for applications affecting setting of listed buildings) insert—

Amendment of the Planning (Hazardous Substances) Regulations 1992
     3. —(1) The Planning (Hazardous Substances) Regulations 1992[5] are amended as follows.

    (2) In regulation 14 (claim for deemed consent) in paragraph (1), after "section 11" insert "or 30B".

    (3) In regulation 15 (conditions on deemed consent), after "section 11(7)(b)" insert "and section 30B(8)(b)".

    (4) In Schedule 2 (prescribed forms, notices and certificates) in Form 8—



Signed by authority of the Secretary of State


Kay Andrews
Parliamentary Under Secretary of State Department for Communities and Local Government

10th May 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 83 of the Planning and Compulsory Purchase Act 2004 ("the 2004 Act") amended the Planning (Listed Buildings and Conservation Areas) Act 1990 by inserting a new section 82B. This makes provision for urgent applications for works to buildings on Crown land which are listed or which are in conservation areas and provides for such applications to be made directly to the Secretary of State. Section 82B(8) imposes a duty on the Secretary of State to publicise the application in accordance with any prescribed requirements. These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to prescribe those publicity requirements (regulation 2).

Section 79 of the 2004 Act amended the Planning (Hazardous Substances) Act 1990 by inserting a new section 30B. This makes transitional provision for hazardous substances consent to be deemed to be granted in relation to hazardous substances present on Crown land before the date on which Part 7 of the 2004 Act (which applies the planning Acts to the Crown) is commenced. Section 30B requires a claim to be made for deemed hazardous substances consent in the prescribed form and contain the prescribed information. It also provides that any deemed consent will be subject to certain conditions - including any condition which is prescribed. These Regulations amend the Planning (Hazardous Substances) Regulations 1992 to prescribe the form and content of the claim and the conditions to which a deemed consent will be subject (regulation 3).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the public sector.


Notes:

[1] 1990 c. 9. Section 82B was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 83(1). See section 91 for the meaning of "prescribed". The functions of the Secretary of State under the Planning (Listed Buildings and Conservation Areas) Act 1990, except the Treasury function under section 83(8), were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672: see the entry in Schedule 1 for the Act.back

[2] 1990 c. 10. Section 30B was inserted by the Planning and Compulsory Purchase Act 2004, section 79(3). See section 39(2) for the meaning of "prescribed". The functions of the Secretary of State under the Planning (Hazardous Substances) Act 1990, except section 12(2) and 31(6), were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672: see the entry in Schedule 1 for the Act.back

[3] S.I. 1990/1519. Relevant amendments were made by S.I. 2004/2210.back

[4] Section 82B was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 83(1).back

[5] S.I. 1992/656. Relevant amendments were made by S.I. 1999/981.back



ISBN 0 11 074575 2


 © Crown copyright 2006

Prepared 17 May 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20061283.html