The Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992

Regulation 3(2)

SCHEDULE 1 MODIFICATIONS OF THE 1990 ACT AND THE LISTED BUILDINGS REGULATIONS

1.—(1) Section 10 of the 1990 Act (making of applications for listed building consent) shall be modified as follows.

(2) For subsection (2)(b), there shall be substituted—

“(b) such other plans, drawings, sections, models, photographs and other materials as are necessary to describe the works which are the subject of the application and which may include—

(i) detailed plans, drawings and sections; or

(ii) extracts from plans and sections submitted, or to be submitted, with an application under section 6 of the Transport and Works Act 1992; or

(iii) (where no such plans, drawings or sections have been prepared at the date of the application) a clear written description of the works proposed to be carried out at or to the building, supported by such other materials as the applicant is reasonably able to provide; and”.

2.—(1) The Listed Buildings Regulations shall be modified as follows.

(2) In paragraph (1) of regulation 3, for the words “plans and drawings” there shall be substituted the words “and of such plans, drawings, sections, models, photographs and other materials as are submitted with it”.

(3) For paragraph (1) of regulation 5 there shall be substituted—

“(1) Subject to paragraph (3), where an application is made under regulation 3 or 4—

(a) the applicant shall, not more than 14 days before nor later than the date of the application, publish in a local newspaper circulating in the area in which the building is situated a notice—

(i) indicating the nature of works which are, or are to be, the subject of the application, and

(ii) naming all the places in the area (or as close as reasonably possible to that area) where a copy of the application, and of all plans, drawings, sections and other materials submitted with it, may be inspected free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 42 days from the date of the application,

and such notice may be combined with such notice of the concurrent application as the applicant is required, by rules made under section 6 of the Transport and Works Act 1992, to publish in a local newspaper; and

(b) the local planning authority shall for not less than 7 days, during the period of 42 days prescribed by sub-paragraph (a) above, display on or near the said building a notice containing the same particulars as are required to be published in accordance with sub-paragraph (a).”.

(4) In regulation 5, after paragraph (3), there shall be inserted—

“(3A) In this regulation and in regulation 6 below, “concurrent application” means an application made under section 6 of the Transport and Works Act 1992 relating to proposals for the purposes of which the granting of listed building consent or conservation area consent is required in respect of the building to which the application relates.”.

(5) In paragraph (1) of regulation 6, after sub-paragraph (a), there shall be inserted—

“(aa) a certificate stating that—

(i) notice of the concurrent application has been given in accordance with rules made under section 6 of the Transport and Works Act 1992 to all of the persons (other than the applicant) who were, at the beginning of a period of 28 days ending with the date of the concurrent application, the owners of the building; and

(ii) every such notice contains a statement that an application for listed building consent or conservation area consent has been, or is to be, made in respect of the building.”.

(6) For paragraph (4) of regulation 6 there shall be substituted—

“(4) For the purposes of this regulation, “owner” means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building (whether in possession or reversion) and includes also a person holding, or entitled to the rents and profits of the land under, a lease or agreement the unexpired term whereof exceeds three years.”.

(7) In Part I of Schedule 2, after Certificate A, there shall be inserted—

“Certificate AA

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Regulation 4(2)

SCHEDULE 2 MODIFICATIONS OF THE 1979 ACT AND THE ANCIENT MONUMENTS REGULATIONS

1.—(1) Paragraph 2 of Schedule 1 to the 1979 Act (applications for scheduled monument consent) shall be modified as follows.

(2) In sub-paragraph (1), after paragraph (a), there shall be inserted—

“(aa) a certificate stating that—

(i) notice of the concurrent application has been given in accordance with rules made under section 6 of the Transport and Works Act 1992 to all of the persons (other than the applicant) who were, at the beginning of a period of 28 days ending with the date of the concurrent application, the owners of the monument; and

(ii) every such notice contains a statement that an application for scheduled monument consent has been, or is to be, made in respect of the monument.”.

(3) In sub-paragraph (1)(c), there shall be substituted for the word “either” the word “any”.

(4) After sub-paragraph (4), there shall be inserted—

“(4A) In this paragraph, “concurrent application” means an application made under section 6 of the Transport and Works Act 1992 relating to proposals for the purposes of which the granting of scheduled monument consent is required in respect of the monument.”.

2.—(1) The Ancient Monuments Regulations shall be modified as follows.

(2) In paragraph (2) of regulation 2, there shall be substituted, for the words commencing “a plan identifying” to the end of the paragraph—

• “the following—

  (a)

  a plan identifying the monument to which it relates;

  (b)

  such other plans and drawings as are necessary to describe the works which are the subject of the application, and which may include—

  (i)

  detailed plans, drawings and sections; or

  (ii)

  extracts from the plans and sections submitted with the concurrent application; or

  (iii)

  (where no such plans, drawings or sections have been prepared) a clear written description of the works which are the subject of the application supported by such other materials as the applicant is reasonably able to provide.”.

(3) In regulation 2, after paragraph (2), there shall be inserted—

“(2A) The application shall also be accompanied by a statement that the application is made for the purposes of proposals included in the concurrent application and the statement shall give (where the same are known) the date and the reference number of the concurrent application.”.

(4) In regulation 2, after paragraph (3), there shall be inserted—

“(3A) In this regulation, “concurrent application” has the meaning given by paragraph 2(4A) of Schedule 1 to the Act.”.

(5) For regulation 4 there shall be substituted—

“4.   In relation to any monument, a person shall for the purposes of paragraph 2 of Schedule 1 to the Act be treated as the owner of the monument if he is a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the monument (whether in possession or reversion) or is a person holding, or entitled to the rents and profits of the land under, a lease or agreement the unexpired term whereof exceeds three years.”.

(6) In Part I of Schedule 2, there shall be inserted before the words “Certificate in accordance with paragraph 2(1)(b)”, the following—

“Certificate in accordance with paragraph 2(1)(aa).

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