2014 No. 553
The Enterprise and Regulatory Reform Act 2013 (Listed Buildings Certificate of Lawfulness) (Hearings and Inquiries Procedures) (Consequential Amendments) (England) Order 2014
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Order in exercise of the power conferred by section 99 of the Enterprise and Regulatory Reform Act 20131.
Citation, commencement and application1
1
This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Listed Buildings Certificate of Lawfulness) (Hearings and Inquiries Procedures) (Consequential Amendments) (England) Order 2014 and comes into force on 6th April 2014.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 20022
1
The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 20022 are amended in accordance with this article.
2
In rule 2 (interpretation)—
a
after the definition of “the Listed Buildings Act” insert—
Listed Buildings Act certificate of lawfulness” means a certificate under section 26H of the Listed Buildings Act3;
b
in the definition of “local planning authority”, after paragraph (b), insert—
c
an appeal against the refusal or non-determination of an application for a Listed Buildings Act certificate of lawfulness, the body to whom that application was made;
3
In rule 3 (application of the rules) after paragraph (1)(b) insert—
ba
section 26K of the Listed Buildings Act (appeal against a refusal or failure to give a decision on an application for a Listed Buildings Act certificate of lawfulness)4;
4
In rule 9 (appearances at hearing), in paragraph (1)(d), after “an appeal under section 195 of the Planning Act” insert “or an appeal under section 26K of the Listed Buildings Act”.
Amendment of the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 20023
1
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 20025 are amended as follows.
2
In rule 2 (interpretation)—
a
after the definition of “the Listed Buildings Act” insert—
Listed Buildings Act certificate of lawfulness” means a certificate under section 26H of the Listed Buildings Act6;
b
in the definition of “local planning authority”, after paragraph (1)(b), insert—
c
an appeal against the refusal or non-determination of an application for a Listed Buildings Act certificate of lawfulness, the body to whom that application was made;
3
In rule 3 (application of the rules), after paragraph (1)(b), insert—
ba
section 26K of the Listed Buildings Act (appeal against a refusal or failure to give a decision on an application for a Listed Buildings Act certificate of lawfulness)7;
4
In rule 11 (appearances at inquiry) in paragraph (1)(f) after “an appeal under section 195 of the Planning Act” insert “or an appeal under section 26K of the Listed Buildings Act”.
Amendment of the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 20024
1
The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 20028 are amended as follows.
2
In rule 2 (interpretation)—
a
after the definition of “the Listed Buildings Act” insert—
Listed Buildings Act certificate of lawfulness” means a certificate under section 26H of the Listed Buildings Act9;
b
in the definition of “local planning authority” after paragraph (1)(b) insert—
c
an appeal against the refusal or non-determination of an application for a Listed Buildings Act certificate of lawfulness, the body to whom that application was made;
3
In rule 3 (application of the rules), after paragraph (1)(b), insert—
ba
section 26K of the Listed Buildings Act (appeal against a refusal or failure to give a decision on an application for a Listed Buildings Act certificate of lawfulness)10;
4
In rule 13 (appearances at inquiry), in paragraph (1)(f), after “an appeal under section 195 of the Planning Act” insert “or an appeal under section 26K of the Listed Buildings Act”.
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Order)