The Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendments relating to Crown Land) (Wales) Regulations 2006

Explanatory Note

(This note is not part of the Order)

These Regulations modify provisions contained in two sets of Regulations insofar as those provisions relate to listed building, conservation area or hazardous substances consent and involve Crown land.

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. Accordingly, these Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519) 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 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) was commenced. Section 30B requires a claim for deemed hazardous substances consent in the prescribed form and to contain prescribed information. It also enables deemed consent to be subject to certain conditions — including a condition which is prescribed. Accordingly these Regulations amend the Planning (Hazardous Substances) Regulations 1992 (S.I. 1992/656) to prescribe the form and content of the claim and the conditions to which a deemed consent will be subject (regulation 3).

By virtue of article 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), together with section 118(3) of the 2004 Act, the functions of the Secretary of State in such matters are now exercisable by the National Assembly for Wales.

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.