Statutory Instruments
1987 No. 349
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1987
Made
4th March 1987
Laid before Parliament
11th March 1987
Coming into force
1st April 1987
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 54, 56B, 91, 99, 171, 172, 173, 190, 271, 277A, 287, 290(1) of and Schedule 11 to, the Town and Country Planning Act 1971(2), sections 1(5) and 6 of the Town and Country Planning Act 1984(3), and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and Commencement
1. These Regulations may be cited as the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1987 and shall come into force on 1st April 1987.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“the Act” means the Town and Country Planning Act 1971;
“conservation area consent” means consent required by section 277A(2) of the Act;
“local planning authority” means—
in regulation 11, the council of a district, the council of a London borough or (as respects Greater London) the Historic Buildings and Monuments Commission for England;
in regulation 13, the council of a district or county or the council of a London borough; and
elsewhere in these Regulations, the council of a district or the council of a London borough.
Applications for listed building consent or for conservation area consent
3.—(1) An application to a local planning authority for listed building consent or for conservation area consent shall be made on a form issued by the local planning authority and obtainable from that authority and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.
(2) On receipt of any such application with a certificate under regulation 6 the local planning authority shall send to the applicant an acknowledgement thereof in the terms (or substantially in the terms) set out in Part I of Schedule 1 hereto.
(3) Where, after the sending of an acknowledgement as required by paragraph (2) above, the local planning authority form the opinion that the application is invalid by reason of failure to comply with the requirements of paragraph (1) above or with any other statutory requirement, they shall as soon as may be notify the applicant that his application is invalid.
(4) Where a valid application under paragraph (1) above has been received by a local planning authority, the period within which the authority shall give notice to an applicant of their decision or of the reference of an application to the Secretary of State shall be 8 weeks from the date when the form of application and the certificate under regulation 6 were lodged with the local planning authority or (except where the applicant has already given notice of appeal to the Secretary of State) such extended period as may at any time be agreed upon in writing between the applicant and the local planning authority.
(5) Every such notice of decision or reference to the Secretary of State shall be in writing and where the local planning authority decide to grant listed building consent or conservation area consent subject to conditions or to refuse it, the notice shall state the reasons for the decision and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part II of Schedule 1 hereto.
Applications to vary or discharge conditions attached to listed building consent or conservation area consent
4.—(1) An application to a local planning authority by a person interested in a building for the variation or discharge of conditions attached to a listed building consent or conservation area consent granted in respect of that building, shall be made on a form issued by the local planning authority and obtainable from that authority, and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.
(2) Regulations 3(2) to 3(5) shall have effect in relation to an application under this regulation as they have effect in relation to an application under regulation 3(1), except that for the reference in regulation 3(5) to a notification in the terms set out in Part II of Schedule 1, there shall be substituted a reference to a notification in the terms set out in Part III of that Schedule.
Advertisement of applications
5.—(1) Subject to paragraph (3) below, where an application under regulation 3 or 4 is made to a local planning authority in respect of any building the authority shall—
(a)publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and
(b)for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a) above.
(2) Subject to paragraph (3) below, an application under regulation 3 or 4 shall not be determined by the local planning authority before both of the following periods have elapsed, namely—
(a)the period of 21 days referred to in sub-paragraph (a) of paragraph (1) above; and
(b)the period of 21 days beginning with the date on which the notice required by sub-paragraph (b) of the said paragraph (1) was first displayed;
and in determining the application the authority shall take into account any representations relating to the application which are received by them before both of those periods have elapsed.
(3) Paragraphs (1) and (2) above shall not apply to any application for—
(a)listed building consent to carry out works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building; or
(b)the variation or discharge of conditions attached to a listed building consent in respect of the interior of such a Grade II (unstarred) listed building.
Certificates to accompany applications and appeals
6.—(1) A local planning authority shall not entertain any application under regulation 3 or 4 unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say—
(a)a certificate stating that at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of the building to which the application relates;
(b)a certificate stating that the applicant has given the requisite notice of the application to all persons (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, were owners of the building to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;
(c)a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding sub-paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in the last preceding sub- paragraph as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;
(d)a certificate stating that the applicant is unable to issue a certificate in accordance with sub-paragraph (a) above, that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in sub- paragraph (b) of this paragraph and that he has been unable to do so.
(2) Any such certificate as is mentioned in sub-paragraph (c) or sub-paragraph (d) of paragraph (1) above shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (being a date not earlier than the beginning of the period mentioned in sub-paragraph (b) of paragraph (1) above) been published in a local newspaper circulating in the locality in which the building is situated.
(3) Where an application under regulation 3 or 4 is accompanied by such a certificate as is mentioned in sub-paragraph (b), sub- paragraph (c), or sub-paragraph (d) of paragraph (1) above, the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication of a notice as therein mentioned, whichever is the later.
(4) Where an application under regulation 3 or 4 is accompanied by such a certificate as is mentioned in sub-paragraph (b), sub- paragraph (c), or sub-paragraph (d) of paragraph (1) above, the local planning authority—
(a)in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in paragraph (3) above, by any person who satisfies them that he is an owner of the building to which the application relates, and
(b)shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with the preceding sub-paragraph.
(5) For the purposes of this regulation,“owner” in relation to any building, means a person who is for the time being the estate owner in respect of the fee simple in the building or who is entitled to a tenancy of the building granted or extended for a term of years certain of which not less than seven years remain unexpired.
(6) The provisions of this regulation shall apply, with any necessary modifications, where an application under regulation 3 or 4 is referred (or is deemed to have been referred) to the Secretary of State under paragraph 4 of Schedule 11 to the Act or in relation to an appeal to the Secretary of State under paragraph 8 or paragraph 9 of that Schedule as they apply in relation to an application which falls to be determined by the local planning authority.
(7) Certificates issued for the purposes of this regulation shall be in the forms set out in Part 1 of Schedule 2 hereto.
(8) The requisite notices for the purposes of the provisions of this regulation in relation to applications shall be in the forms set out in Part II of Schedule 2 hereto.
(9) The requisite notices for the purposes of the provisions of this regulation in relation to appeals shall be in the forms set out in Part III of Schedule 2 hereto.
Applications in National Parks
7.—(1) An application under regulation 3 or 4 as respects a building situated in an area of a National Park outside a metropolitan county shall be made to the council of the district who shall send it on, together with all accompanying documents required by these Regulations, to the body authorised to exercise the functions relating to such application (being the council of the county, the joint planning board or the special planning board, as the case may be).
(2) An application under regulation 3 or 4 as respects a building situated in an area of a National Park within a metropolitan county shall be made to the joint planning board.
Appeals
8.—(1) An applicant who desires to appeal—
(a)against a decision of a local planning authority—
(i)refusing listed building consent or conservation area consent or granting either such consent subject to conditions, or
(ii)refusing to vary or discharge the conditions attached to a listed building consent or a conservation area consent, or in respect of the addition of new conditions consequential upon any such variation or discharge; or
(b)on the failure of a local planning authority to give notice of their decision or of the reference of the application to the Secretary of State;
shall give notice of appeal to the Secretary of State (on a form obtained from the Secretary of State) within six months of notice of the decision or of the expiry of the appropriate period allowed under regulation 3(4), as the case may be, or such longer period as the Secretary of State may at any time allow.
(2) Such a person shall also furnish to the Secretary of State a copy of each of the following documents—
(i)the application;
(ii)all relevant plans, drawings, particulars and documents submitted with the application, including a copy of the certificate given in accordance with regulation 6;
(iii)the notice of the decision, if any;
(iv)all other relevant correspondence with the local planning authority.
Claims for compensation and listed building purchase notices
9.—(1) A claim for compensation made to a local planning authority under sections 171(2), 172(1), 173(3) of the Act, or a listed building purchase notice served on the council of a district, or on the Common Council or on the council of a London borough under section 190 of the Act, shall be in writing and shall be served on that authority or council by delivering it at the offices of the authority or council addressed to the clerk thereof, or by sending it so addressed by prepaid post.
(2) The time within which any such claim or notice as is mentioned in paragraph (1) above shall be served shall be—
(a)in the case of a claim for compensation, 6 months; and
(b)in the case of a listed building purchase notice, 12 months from the date of the decision in respect of which the claim or notice is made or given, or such longer period as the Secretary of State may allow in any particular case.
Advertisement of unopposed revocation or modification order
10. Where by virtue of the provisions of paragraph 12(2) of Schedule 11 to the Act the making of an order under paragraph 10 of that Schedule in respect of works to a building is required to be advertised, the local planning authority shall publish the advertisement in a local newspaper circulating in the area in which the building is situated.
Application of the Public Health Act 1936 to listed building enforcement notices
11. The provisions of sections 276, 289 and 294 of the Public Health Act 1936(4) shall apply in relation to steps required to be taken by a listed building enforcement notice, as if—
(a)references to a local authority were references to a local planning authority;
(b)references (in whatever form) to the execution of works under the said Act of 1936 were references to the taking of steps required to be taken under the notice;
(c)references in the said section 289 to the occupier were references to a person having an interest in the premises other than the owner; and
(d)the reference in the said section 294 to“expenses under this Act” were a reference to expenses incurred in the taking of such steps as aforesaid.
Demolition of unlisted buildings in conservation areas
12. In their application to buildings to which section 277A of the Act applies, the provisions of the Act which are set out in column (1) of Schedule 3 hereto shall have effect as they have effect in relation to listed buildings subject to—
(a)the substitution of“conservation area consent” for any reference to“listed building consent”, the substitution of“conservation area enforcement notice” for any reference to“listed building enforcement notice”, and the substitution of“conservation area purchase notice” for any reference to“listed building purchase notice”; and
(b)the exceptions and additional modifications (if any) set out opposite such provisions in column 2 of that Schedule.
Applications by local planning authorities
13.—(1) In relation to applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings or for the demolition of unlisted buildings in conservation areas, the provisions of the Act specified in Part VI of Schedule 21 to the Act shall have effect subject to the exceptions and modifications prescribed in this regulation.
(2) Where a local planning authority require listed building consent for the demolition, alteration or extension of a listed building in their area or conservation area consent for the demolition of a building within a conservation area in their area, the authority shall, subject to paragraph (7) below, make application to the Secretary of State for that consent.
(3) Any such application shall be in the form of an application to the local planning authority, and shall be deemed to have been referred to the Secretary of State under paragraph 4 of Schedule 11 to the Act and the provisions of the said paragraph shall apply to the determination of the application by the Secretary of State.
(4) Where a local planning authority have made an application for consent under paragraph (2) above they shall, before sending it to the Secretary of State—
(a)publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all the plans and other documents which it is intended to submit to the Secretary of State with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and
(b)for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a) above.
(5) Paragraph (4) above does not apply to any application by a local planning authority relating to works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building.
(6) An application by a local planning authority to the Secretary of State under paragraph (2) above shall be accompanied by a copy of all representations duly made in relation thereto.
(7) An application by the council of a county to the Secretary of State under paragraph (2) above, together with any accompanying documents required by this regulation, shall be made to the council of the district who shall forthwith send it on to the Secretary of State.
(8) In relation to a listed building, or a building in a conservation area, belonging to a local planning authority, the Secretary of State may serve any notice authorised to be served by a local planning authority in relation to a listed building or a building in a conservation area.
Form of notice that a building has become, or ceased to be, listed
14. The forms set out in Schedule 4 hereto (or forms substantially to the like effect) are the prescribed forms of notice for the purposes of section 54(7) of the Act.
Consequential amendments
15. The Town and Country Planning (Crown Land Applications) Regulations 1984(5) shall be amended as follows—
(a)in regulation 2, for“Regulations 1977” there shall be substituted“Regulations 1987”;
(b)in the right hand column of the Schedule (opposite the reference to“Regulation 3(2)”), for the words“regulation 5” in each of the places were they occur there shall be substituted“regulation 6”; and
(c)in the left hand column of the Schedule, for“Regulation 5” there shall be substituted“Regulation 6”, and in the inserted paragraph“(1A)” in the appropriate modification in the opposite part of the right hand column of that Schedule, after the words“listed building consent” there shall be inserted the words“or conservation area consent”.
Revocations
16. The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1977(6) and paragraphs 5 and 6 of Schedule 1 to the Town and Country Planning (Local Government Reorganisation) (Miscellaneous Amendments) Regulations 1986(7)are hereby revoked.
Regulations 3 and 4
SCHEDULE 1
PART Inotification to be sent to applicant on receipt of application
PART IInotification to be sent to applicant on refusal of listed building consent or conservation area consent, or grant of consent subject to conditions (to be endorsed on notices of decision)
PART IIInotification to be sent to applicant on refusal to vary or discharge conditions attached to listed building consent or conservation area consent, or on the addition of new conditions consequential upon variation or discharge
Regulation 6
SCHEDULE 2
PART ITown and Country Planning Act 1971
PART IITown and Country Planning Act 1971notice for service on individuals
PART IIITown and Country Planning Act 1971notice for service on individuals
Regulation 12
SCHEDULE 3
| (1) | (2) |
|---|---|
| Provisions of the Act relating to listed building control | Exceptions and additional modifications (if any) |
| Section 55 | 1. In subsection (1), omit the words“or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest”. 2. In subsection (2)— (i) omit the words“or for its alteration or extension”; (ii)omit paragraph (b). 3. In subsection (2A), omit the words“or for its alteration or extension,”. 4. Omit subsection (3). 5. For subsection (3A) substitute the following subsection— “(3A) Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as“conservation area consent”.”. |
| Section 56 | Omit subsection (3). |
| Section 56A | None. |
| Section 56B | None. |
| Section 56C | In subsection (1), omit paragraph (b). |
| Section 58AA | None. |
| Section 96 | In subsection (1), for the words“the character of the building as one of special architectural or historic interest”, substitute the words“the character or appearance of the conservation area in which the building is situated”. |
| Section 97 |
|
| Section 97A | Omit subsection (4)(c). |
| Sections 98 to 100 | None. |
| Section 172 | None. |
| Section 190 | None. |
| Sections 242, 243, 245 and 246 | None. |
| Section 255 | None. |
| Section 266(1)(b), (4) and (5) | None. |
| Section 271 | Omit the words“alteration or extension”. |
| Schedule 11, Parts I and II In Part I, omit paragraphs 5, 7(1) to 7(1B), 8(2) and (3)(b), and substitute the following paragraph for paragraph 6— “6. Where application for conservation area consent is made as respects a building situated in Greater London, the local planning authority shall notify the Historic Buildings and Monuments Commission for England of that application, shall not determine such application until the expiry of a period of 28 days from such notification, shall take into account any representations made by the Commission within such period in respect of that application, and shall notify the Commission of their decision on that application.”. | |
| Schedule 19 | None. |
| Schedule 21, Part VI | The exceptions and modifications mentioned in regulation 13 and also as mentioned above in this column, shall have effect in relation to the appropriate provision in Part VI of Schedule 21. |
Regulation 14
SCHEDULE 4
notice that a building has become listedIMPORTANT—THIS COMMUNICATION AFFECTS YOUR PROPERTYTown and Country Planning Act 1971buildings of special architectural or historic interest
notice that a building has ceased to be listedIMPORTANT—THIS COMMUNICATION AFFECTS YOUR PROPERTYTown and Country Planning Act 1971buildings of special architectural or historic interest
Nicholas Ridley
Secretary of State for the Environment
4th March 1987
Nicholas Edwards
Secretary of State for Wales
4th March 1987
Explanatory Note
(This note is not part of the Regulations)
These Regulations make procedural provision for applications for listed building consent, for consent to demolish certain buildings in conservation areas (in the regulations referred to as“conservation area consent”), for the variation or discharge of conditions attached to listed building consents or conservation area consents, and for appeals in respect of these matters.
The Regulations also provide for notices and for other procedural provisions in relation to listed buildings and buildings in conservation areas, and for the application and modification of legislation in relation to enforcement notices and conservation areas.
The Regulations revoke and re-enact, with amendments, the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1977, as amended by the Town and Country Planning (Local Government Reorganisation) (Miscellaneous Amendments) Regulations 1986 and take account of the provisions of the Housing and Planning Act 1986. The principal amendments are as follows–
(a)provision is made, in consequence of the 1986 Act, for applications and appeals in respect of the variation or discharge of conditions attached to a listed building consent or a conservation area consent (regulations 4 and 8); and
(b)the application to buildings in conservation areas of various listed building enactments has been extended as a result of the 1986 Act (regulation 12).
A number of minor drafting amendments have been made.
See the definition of “prescribed”.
1971 c. 78; sections 271 and 277A were inserted by the Town and Country Amenities Act 1974 (c. 32), sections 1 and 7; and sections 56B, 277A(8) and paragraph 1(1A) of Schedule 11 to the 1971 Act were inserted by the Housing and Planning Act 1986 (c. 63), Schedule 9.
S.I. 1984/1015.
S.I. 1977/228.
S.I. 1986/443.