The Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendment) (England) Regulations 2006

© Crown Copyright 2006

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" Advertisement of applications for urgent works relating to Crown development
     5B. —(1) Subject to paragraph (2), where an application under section 82B(2)[4] (urgent works relating to Crown development) of the Act is made to the Secretary of State in respect of any building the Secretary of State 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—


(i) 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

(ii) 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 the period of 21 days beginning with the date of publication of the notice, and 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) shall not apply to any application for 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.".

Amendment of the Planning (Hazardous Substances) Regulations 1992
     3. —(1) The Planning (Hazardous Substances) Regulations 1992[5] are amended as follows.

    (2) In regulation 14 (claim for deemed consent) in paragraph (1), after "section 11" insert "or 30B".

    (3) In regulation 15 (conditions on deemed consent), after "section 11(7)(b)" insert "and section 30B(8)(b)".

    (4) In Schedule 2 (prescribed forms, notices and certificates) in Form 8—

(a) in the heading, after "Section 11" add "and 30B";

(b) in the notes to Part 2, at the end of note (c) insert "or, in the case of applications for deemed consent under section 30B, June 7, 2006"; and

(c) in the note to Part 5, after "section 11(7)" insert ", or section 30B(8) as the case may be".

Signed by authority of the Secretary of State


Kay Andrews
Parliamentary Under Secretary of State Department for Communities and Local Government

10th May 2006

[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". The functions of the Secretary of State under the Planning (Hazardous Substances) Act 1990, except section 12(2) and 31(6), were, so far 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: see the entry in Schedule 1 for the Act.back

[3] S.I. 1990/1519. Relevant amendments were made by S.I. 2004/2210.back

[4] Section 82B was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 83(1).back

[5] S.I. 1992/656. Relevant amendments were made by S.I. 1999/981.back