Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 16 — Heritage planning regulation
211

planning control) reference to a local planning authority includes
reference to the Commission.
(2AB)
In subsection (2AA)—
“breach of planning control” has the same meaning as in the
Town and Country Planning Act 1990 (see section 171A of
5
that Act);
“relevant demolition” has the same meaning as in section 196D
of that Act.”
Town and Country Planning Act 1990 (c. 8)
2
The Town and Country Planning Act 1990 is amended as follows.
10
3
In section 171B (time limits for enforcement of breaches of planning control)
after subsection (2) insert—
“(2A)
There is no restriction on when enforcement action may be taken in
relation to a breach of planning control in respect of relevant
demolition (within the meaning of section 196D).”
15
4
In section 174 (appeal against enforcement notice) before subsection (3)
insert—
“(2C)
Where any breach of planning control constituted by the matters
stated in the notice relates to relevant demolition (within the
meaning of section 196D), an appeal may also be brought on the
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grounds that—
(a)
the relevant demolition was urgently necessary in the
interests of safety or health;
(b)
it was not practicable to secure safety or health by works of
repair or works for affording temporary support or shelter;
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and
(c)
the relevant demolition was the minimum measure
necessary.”
5
After section 196C insert—
“Conservation areas
30
196D
Offence of failing to obtain planning permission for demolition of
unlisted etc buildings in conservation areas in England
(1)
It is an offence for a person to carry out or cause or permit to be
carried out relevant demolition without the required planning
permission.
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(2)
It is also an offence for a person to fail to comply with any condition
or limitation subject to which planning permission for relevant
demolition is granted.
(3)
In this section “relevant demolition” means the demolition of a
building that—
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(a)
is situated in a conservation area in England; and
(b)
is not a building to which section 74 of Planning (Listed
Buildings and Conservation Areas) Act 1990 does not apply
by virtue of section 75 of that Act (listed buildings, certain

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ecclesiastical buildings, scheduled monuments and buildings
described in a direction of the Secretary of State under that
section).
(4)
It is a defence for a person accused of an offence under this section to
prove the following matters—
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(a)
that the relevant demolition was urgently necessary in the
interests of safety or health;
(b)
that it was not practicable to secure safety or health by works
of repair or works for affording temporary support or shelter;
(c)
that the relevant demolition was the minimum measure
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necessary; and
(d)
that notice in writing of the relevant demolition was given to
the local planning authority as soon as reasonably
practicable.
(5)
A person guilty of an offence under this section is liable—
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(a)
on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine or both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine or both.
(6)
In relation to an offence committed before the coming into force of
20
section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has
effect as if the reference to 12 months were to 6 months.
(7)
In relation to an offence committed before the coming into force of
section 85(1) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, subsection (5)(a) has effect as if the reference to
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a fine were a reference to a fine not exceeding £20,000.
(8)
In determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court must in
particular have regard to any financial benefit which has accrued or
appears likely to accrue to that person in consequence of the offence.
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(9)
Where, after a person commits an offence under this section,
planning permission is granted for any development carried out
before the grant of the permission, that grant does not affect the
person’s liability for the offence.”
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
35
6
The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows
7     (1)
Section 1 (listing of buildings of special architectural or historic interest) is
amended as follows.
      (2)
In subsection (5) after “shall” insert “, subject to subsection (5A)(a),”.
40
      (3)
After subsection (5) insert—
“(5A)
In a list compiled or approved under this section, an entry for a
building situated in England may provide—

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Schedule 16 — Heritage planning regulation
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(a)
that an object or structure mentioned in subsection (5)(a) or
(b) is not to be treated as part of the building for the purposes
of this Act;
(b)
that any part or feature of the building is not of special
architectural or historic interest.”
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8     (1)
Section 6 (issue of certificate that building not intended to be listed) is
amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
The Secretary of State may, on the application of any person, issue a
certificate stating that the Secretary of State does not intend to list a
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building situated in England.”
      (3)
In subsection (1)(a) after “building” insert “situated in Wales”.
      (4)
In subsection (2) for “such a certificate” substitute “a certificate under
subsection (A1) or (1)”.
      (5)
In subsection (3) after “subsection” insert “(A1) or”.
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9
After section 9 (offences) insert—
“Heritage partnership agreements
9A
Heritage partnership agreements
(1)
A relevant local planning authority may make an agreement under
this section (a “heritage partnership agreement”) with an owner of a
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listed building, or a part of such a building, situated in England.
(2)
Any of the following may also be a party to a heritage partnership
agreement in addition to an owner and the relevant local planning
authority—
(a)
any other relevant local planning authority;
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(b)
the Secretary of State;
(c)
the Commission;
(d)
any person who has an interest in the listed building;
(e)
any occupier of the listed building;
(f)
any person involved in the management of the listed
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building;
(g)
any other person who appears to the relevant local planning
authority appropriate as having special knowledge of, or
interest in, the listed building or buildings of architectural or
historic interest more generally.
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(3)
A heritage partnership agreement may contain provision—
(a)
granting listed building consent under section 8(1) in respect
of specified works for the alteration or extension of the listed
building to which the agreement relates, and
(b)
specifying any terms on which that consent is given and any
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conditions attached to it.
(4)
If a heritage partnership agreement contains provision under
subsection (3), sections 10 to 28 (applications for listed building

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consents etc) do not, subject to any regulations under section 9B(2)(f),
apply in relation to the specified works.
(5)
The conditions that may, under subsection (3)(b), be attached to
listed building consent granted by a heritage partnership agreement
in respect of specified works are those that could be attached to listed
5
building consent in respect of the works if consent were to be granted
under section 16.
(6)
A heritage partnership agreement may also—
(a)
specify or describe works that would or would not, in the
view of the parties to the agreement, affect the character of
10
the listed building as a building of special architectural or
historic interest;
(b)
make provision about the maintenance and preservation of
the listed building;
(c)
make provision about the carrying out of specified work, or
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the doing of any specified thing, in relation to the listed
building;
(d)
provide for public access to the listed building and the
provision to the public of associated facilities, information or
services;
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(e)
restrict access to, or use of, the listed building;
(f)
prohibit the doing of any specified thing in relation to the
listed building;
(g)
provide for a relevant public authority to make payments of
specified amounts and on specified terms—
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(i)
for, or towards, the costs of any works provided for under
the agreement; or
(ii)
in consideration of any restriction, prohibition or
obligation accepted by any other party to the agreement.
(7)
For the purposes of subsection (6)(g), each of the following is a
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relevant public authority where a party to the heritage partnership
agreement—
(a)
the Secretary of State;
(b)
the Commission;
(c)
a relevant local planning authority.
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(8)
In this section—
“owner”, in relation to a listed building or a part of such a
building, means a person who is for the time being —
(a)
the estate owner in respect of the fee simple in the
building or part; or
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(b)
entitled to a tenancy of the building or part granted or
extended for a term of years certain of which not less
than seven years remain unexpired;
“relevant local planning authority”, in relation to a listed
building, means a local planning authority in whose area the
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building or any part of the building is situated;
“specified” means specified or described in the heritage
partnership agreement.