Part 3Connected listed building applications

Chapter 2Consultation

Consultation before determining connected listed building application

article 39 + 39.—(1) Before determining a connected listed building application the Secretary of State must consult—

article 39 1 a + (a)the Historic Buildings and Monuments Commission for England(1), and

article 39 1 b + (b)in relation to any application proposing the demolition of the whole or part of a listed building,—

article 39 1 b i + (i)the Ancient Monuments Society,

article 39 1 b ii + (ii)the Council for British Archaeology,

article 39 1 b iii + (iii)the Georgian Group,

article 39 1 b iv + (iv)the Society for the Protection of Ancient Buildings,

article 39 1 b v + (v)the Victorian Society, and

article 39 1 b vi + (vi)the Twentieth Century Society.

term the consultee + (2) Where the Secretary of State is required to consult any person under paragraph (1) (“the consultee”) before determining a connected listed building application—

article 39 2 a + (a)the Secretary of State must send a copy of the connected listed building application to the consultee, and inform them that they have a period of 28 days beginning with the day on which a copy of the application was sent to them to make representations about the application, and

article 39 2 b + (b)subject to paragraph (3), the Secretary of State must not determine the application before the end of the period of 28 days beginning with the day on which a copy of the application was sent to the consultee.

(3) Paragraph (2)(b) does not apply if before the end of the period referred to in that paragraph the Secretary of State has received a substantive response concerning the application from the consultee.

(4) For the purposes of this article, a substantive response is one which—

article 39 4 a + (a)states that the consultee has no comment to make,

article 39 4 b + (b)states that, on the basis of the information available, the consultee is content with the proposed works,

article 39 4 c + (c)refers the Secretary of State to current standing advice given by the consultee on the subject of the consultation, or

article 39 4 d + (d)provides advice to the Secretary of State.

Consultation with relevant local planning authority

article 40 + 40.—(1) Before determining a connected listed building application, the Secretary of State must notify the relevant local planning authority giving the authority a period of at least 21 days, beginning no earlier than the day the Secretary of State sends the notice under article 34 in relation to the application, within which to make representations about the application.

(2) The Secretary of State must not determine the application until the period specified in the notice under paragraph (1) has elapsed, unless the Secretary of State has received a substantive response (within the meaning of article 39(4)) concerning the application from the authority.

Representations received by the relevant local planning authority

article 41 + 41.  Where representations in relation to a connected listed building application are received by the relevant local planning authority, it must, as soon as reasonably practicable, forward the representations to the Secretary of State at the address notified to the relevant local planning authority by the Secretary of State for that purpose.

Information to be published following the last representation period

article 42 + 42.  Before the end of the period of 5 working days beginning with the day after the end of the last representation period or as soon as reasonably practicable thereafter, the Secretary of State must make copies of the following documents available on the website referred to in article 36—

article 42 a + (a)the required information provided by the relevant local planning authority in accordance with article 35, and

article 42 b + (b)any written representations made in relation to the application which were received within the applicable representation period.