Part 3Connected listed building applications

Chapter 1Applications and publicity

Modifications of the Listed Buildings Act

article 27 + 27.  Schedule 3 sets out modifications to the Listed Buildings Act for the purposes of a connected listed building application.

Applications for listed building consent

article 28 + 28.—(1) A connected listed building application must—

article 28 1 a + (a)identify the Crown development application to which the listed building application is connected,

article 28 1 b + (b)be made in writing to the Secretary of State on a form published by the Secretary of State (or a form substantially to the same effect) before the end of the period of 5 working days beginning with the day the Secretary of State informed the applicant in accordance with article 11(4) that the development which is the subject of the related Crown development application is considered to be of national importance,

article 28 1 c + (c)include the particulars specified or referred to in the form, and

article 28 1 d + (d)be accompanied by 3 copies of—

article 28 1 d i + (i)the application,

article 28 1 d ii + (ii)a plan which identifies the listed building to which the application relates,

article 28 1 d iii + (iii)where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation, and

article 28 1 d iv + (iv)such other documents and information necessary to describe the works which are the subject of the application.

(2) Any plans or drawings required to be provided under paragraph (1) must be drawn to an identified scale and, in the case of plans, must show the direction of North.

Design and access statements

article 29 + 29.—(1) A connected listed building application must be accompanied by a statement (“a design and access statement”) which explains—

article 29 1 a + (a)the design principles and concepts that have been applied to the works which are the subject of the application,

article 29 1 b + (b)how the design principles and concepts that have been applied to the works take account of—

article 29 1 b i + (i)the special architectural or historic importance of the building,

article 29 1 b ii + (ii)the particular physical features of the building that justify its designation as a listed building, and

article 29 1 b iii + (iii)the building’s setting, and

article 29 1 c + (c)subject to paragraph (3), how issues relating to access to the building have been dealt with.

(2) Subject to paragraph (3), a design and access statement must also—

article 29 2 a + (a)explain the approach adopted as to access to the building, including what alternative means of access have been considered, and how policies relating to access in relevant local development documents have been taken into account,

article 29 2 b + (b)explain how the approach to access takes account of—

article 29 2 b i + (i)the special architectural or historic importance of the building,

article 29 2 b ii + (ii)the particular physical features of the building that justify its designation as a listed building, and

article 29 2 b iii + (iii)the building’s setting,

article 29 2 c + (c)state what, if any, consultation has been undertaken on access to the building and what account has been taken of the outcome of any such consultation, and

article 29 2 d + (d)explain how any specific issues which might affect access to the building have been addressed.

(3) Paragraphs (1)(c) and (2) do not apply in relation to a connected listed building application for consent to carry out work affecting only the interior of the building.

Notice of application to be given by the applicant

article 30 + 30.—(1) An applicant for a connected listed building application must give requisite notice of the application to any person (other than the applicant) who on the relevant date is an owner of any building to which the application relates—

article 30 1 a + (a)by serving the notice on every such person whose name and address is known to the applicant, and

article 30 1 b + (b)where the applicant has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by publication of the notice after the relevant date in a newspaper circulating in the locality in which the listed building to which the application relates is situated.

(2) In this article—

term owner + “owner” means a person who is the freehold owner or is entitled to a tenancy granted or extended for a term of years certain of which not less than 7 years remain unexpired;

term relevant date + “relevant date” means the first day of a period of 21 days which ends with the date of the application, and

term requisite notice + “requisite notice” means a notice in the form set out in Schedule 4 or a form substantially to the same effect.

Certification in relation to notice of application

article 31 + 31.  Where a connected listed buildings application is made, the applicant must certify, in a form published by the Secretary of State (or a form substantially to the same effect) that the requirements of article 30 have been satisfied.

Assessment of application by Secretary of State

article 32 + 32.—(1) Where the Secretary of State receives a connected listed buildings application, the Secretary of State must consider whether it is connected to the Crown development application identified in the application, and whether the application is complete and valid.

(2) An application is complete if it complies with the requirements of article 28 and also includes—

article 32 2 a + (a)the certificate required under article 31,

article 32 2 b + (b)the design and access statement required under article 29, and

article 32 2 c + (c)subject to paragraph (3), the particulars which would be required by the relevant local planning authority under section 10(2)(c) of the Listed Buildings Act(1), had the application been made to that authority.

(3) Paragraph (2)(c) only applies where—

article 32 3 a + (a)before the application is made to the Secretary of State the relevant planning authority publishes or republishes, for the purposes of regulation 3(8)(a) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990(2), a list of requirements on a website, and

article 32 3 b + (b)the particulars that the authority require to be included in the application fall within that list.

(4) Where the Secretary of State considers that the connected listed building application is not complete, the Secretary of State must, as soon as reasonably practicable, notify the applicant of that fact.

(5) A connected listed building application is a valid application if it satisfies the requirements of a complete application before the end of the period of 10 working days beginning with the day the notice required by article 11(4) was sent.

(6) The Secretary of State must, as soon as reasonably practicable, inform the applicant in writing as to whether the application is considered to be connected to the Crown development application, and whether it is a valid application.

Applications not considered to be connected to the Crown development application

article 33 + 33.—(1) Where the Secretary of State does not consider the connected listed building application to be connected to the Crown development application, the Secretary of State must, in the notice provided in accordance with article 32(6), notify the applicant whether the Secretary of State intends to refer the application to be determined by the relevant local planning authority in accordance with section 293E(4) of the 1990 Act.

(2) Where the Secretary of State intends to refer the application to the relevant local planning authority for determination in accordance with section 293E(4) of the 1990 Act, the Secretary of State must, as soon as reasonably practicable, send the application and any accompanying document to that authority, and direct the authority to determine the application.

Information to be provided to the relevant local planning authority

article 34 + 34.  Where the Secretary of State has informed the applicant that the connected listed building application is considered to be connected to the Crown development application, and that it is a valid application (within the meaning of article 32(5)), the Secretary of State must, as soon as reasonably practicable, notify the relevant local planning authority of the application by sending a copy of the application and any accompanying document to the authority.

Information to be provided by the relevant local planning authority

article 35 + 35.—(1) The relevant local planning authority must, within such period as the Secretary of State may specify in writing, being a period of not less than 5 working days beginning with the date the notification under article 34 was sent, send the required information to the Secretary of State and send a copy to the applicant.

(2) The Secretary of State may specify that the required information be provided to the Secretary of State by electronic means through a website set up for that purpose.

term required information + (3) In this article, the “required information” means—

article 35 3 a + (a)details of any functions under the Listed Buildings Act which the relevant local planning authority has exercised in relation to, or which may affect, the listed building,

article 35 3 b + (b)a statement as to whether any advice has been given by the relevant local planning authority to the applicant in relation to works to the listed building, and

article 35 3 c + (c)such other documents or information as the Secretary of State considers reasonably necessary to determine the connected listed building application.

Publicity for applications: Secretary of State

article 36 + 36.—(1) This article applies where the Secretary of State considers that the connected listed building application is connected to the Crown development application and that the application is valid (within the meaning of article 32(5)).

(2) Before the end of the period of 5 working days beginning with the day the notice required by article 32(6) was sent, the Secretary of State must publish the following information on a website—

article 36 2 a + (a)the address or location of the listed building,

article 36 2 b + (b)a description of the proposed works,

article 36 2 c + (c)the date by which any representations about the connected listed building application must be made, which must not be before the last day of the period of 21 days beginning with the day on which the information is published,

article 36 2 d + (d)details of where and when the application may be inspected, and

article 36 2 e + (e)the Secretary of State’s address for receipt of representations about the application.

(3) As soon as reasonably practicable after publishing the information required by paragraph (2), the Secretary of State must—

article 36 3 a + (a)publicise the connected listed building application by publication of the requisite notice in a newspaper circulating in the locality in which the listed building to which the application relates is situated, and

article 36 3 b + (b)make copies of the application and any documents accompanying it available on the website referred to in paragraph (2).

term requisite notice + (4) In this article, “requisite notice” means a notice in the form set out in Schedule 5 or in a form substantially to the same effect.

(5) When computing the number of days in paragraph (2)(c), any day which is a public holiday must be disregarded.

Publicity for applications: relevant local planning authority

article 37 + 37.—(1) Before the end of the period of 5 working days beginning with the day the notice under article 34 was received, the relevant local planning authority must—

article 37 1 a + (a)give requisite notice of the connected listed building application by site display in at least one place on or near the building to which the application relates for not less than 21 days, and

article 37 1 b + (b)send a copy of the notice to the Secretary of State.

(2) Where the requisite notice is, without any fault or intention of the relevant local planning authority, removed, obscured or defaced before the period of 21 days has elapsed, the authority is treated as having complied with the requirements of paragraph (1)(a) if they have taken reasonable steps for protection of the notice, and if necessary, its replacement.

term requisite notice + (3) In this article, “requisite notice” means a notice in the form set out in Schedule 5 or in a form substantially to the same effect.

(4) When computing the number of days in paragraphs (1) and (2), any day which is a public holiday must be disregarded.

Information to be provided to the local planning register authority

article 38 + 38.  Where the Secretary of State considers that the connected listed building application is connected to a Crown development application, and that the application is valid (within the meaning of article 32(5)), the Secretary of State must, as soon as reasonably practicable, send a copy of the connected listed building application and any document accompanying it to the local planning register authority for the land to which the application relates, unless the Secretary of State has already sent a copy of those documents to that authority in accordance with article 34.