The Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendments relating to Crown Land) (Wales) Regulations 2006 © Crown Copyright 2006 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendments relating to Crown Land) (Wales) Regulations 2006, ISBN 0110913515. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The National Assembly for Wales ("the National Assembly"), in exercise of the powers conferred upon the Secretary of State by sections 82B(8) and 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990[1] and by section 30B(2), (3) and (8)(b) of the Planning (Hazardous Substances) Act 1990[2], makes the following Regulations[3]: Title, commencement and application 1. —(1) The title of these Regulations is the Planning (Listed Buildings, Conservation Areas and Hazardous Substances)) (Amendments relating to Crown Land) (Wales) Regulations 2006 and come into force on 7 June 2006. (2) These Regulations apply in relation to Wales. Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 2. —(1) The Planning (Listed Buildings and Conservation Areas) Regulations 1990[4]are amended as follows. (2) After regulation 5A (publicity for applications affecting setting of listed buildings) insert–
5B. —(1) Subject to paragraph (2), where an application under section 82B(2)[5](urgent works relating to Crown development) of the Act is made to the National Assembly in respect of any building the National Assembly must–
(ii) 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 (iii) stating the address of the website where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public during that period, together with the place on the website where such documents may be accessed, and how they may be accessed, 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).
(2) Paragraph (1) does not apply to any application for listed building consent to carry out works affecting only the interior of a Grade II (unstarred) listed building which when last notified to the authority by the National Assembly as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building.".
Amendment of the Planning (Hazardous Substances) Regulations 1992
(b) in the notes to Part 2, after "1999"in note (c) insert "or, in the case of applications for deemed consent under section 30B, 7 June, 2006"; and (c) in the note to Part 5, after "section 11(7)"insert ", or, as the case may be, section 30B(8)".
(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. Notes: [1] 1990 c. 9. Section 82B was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 83(1). See section 91 for the meaning of "prescribed".back [2] 1990 c. 10.. Section 30B was inserted by the Planning and Compulsory Purchase Act 2004, section 79(3). See section 39(2) for the meaning of "prescribed".back [3] The relevant functions of the Secretary of State under the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990, were, insofar as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as extended by section 118(3) of the 2004 Act.back [5] Section 82B was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 83(1).back [6] S.I. 1992/656. Relevant amendments were made by S.I. 1999/981.back
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