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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the assimilation of the procedures for making applications and holding inquiries where proposals contained in an application made under section 6 of the Transport and Works Act 1992 (a “section 6 application”) give rise to a requirement for one or more of the following consents (a “relevant consent”)—

(a) listed building consent or conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990; or

(b) scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979.

The regulations apply when either—

(a) the application for a relevant consent is made not later than 10 weeks after the section 6 application is made (the earliest date on which the Secretary of State may decide whether to hold a public inquiry into the section 6 application: see the Transport and Works (Inquiries Procedure) Rules 1992 (S.I. 1992/2817)); or

(b) the application for the relevant consent is made later but the Secretary of State believes it to be appropriate that the procedural changes made by these Regulations should nevertheless apply.

Regulations 3 and 4 and Schedules 1 and 2 modify the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 and the Ancient Monuments (Applications for Scheduled Monument Consent) Regulations 1981 as regards the documentation which must be submitted with an application for a relevant consent and the publishing of notices in local newspapers. They also make certain consequential modifications to the 1979 and 1990 Acts.

By Regulation 5, provision is made for the holding of concurrent inquiries and for the application thereto of the procedural rules referred to above.