The Enterprise and Regulatory Reform Act 2013 (Listed Buildings Certificate of Lawfulness) (Hearings and Inquiries Procedures) (Consequential Amendments) (England) Order 2014

Amendment of the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002

3.—(1) The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002(1) 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 Act(2);”; and

(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)(3);”.

(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”.

(1)

S.I. 2002/2685; amended by S.I. 2003/956, 2008/2831 and 2013/2146.

(2)

Section 26H was inserted into the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) by section 61 of the Enterprise and Regulatory Reform Act 2013 (c. 24).

(3)

Section 26K was inserted into the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) by section 61 of the Enterprise and Regulatory Reform Act 2013 (c. 24).