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Enterprise and Regulatory Reform Bill (HC Bill 7)

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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
    5Town and Country Planning Act 1990 (see section 171A of
    that Act);

  • “relevant demolition” has the same meaning as in section 196D
    of that Act.

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

2 10The Town and Country Planning Act 1990 is amended as follows.

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
15demolition (within the meaning of section 196D).

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
20meaning of section 196D), an appeal may also be brought on the
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
25repair or works for affording temporary support or shelter;
and

(c) the relevant demolition was the minimum measure
necessary.

5 After section 196C insert—

30Conservation areas

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
35permission.

(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
40building that—

(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
5prove the following matters—

(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) 10that the relevant demolition was the minimum measure
necessary; and

(d) that notice in writing of the relevant demolition was given to
the local planning authority as soon as reasonably
practicable.

(5) 15A person guilty of an offence under this section is liable—

(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) 20In relation to an offence committed before the coming into force of
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
25Offenders Act 2012, subsection (5)(a) has effect as if the reference to
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
30appears likely to accrue to that person in consequence of the offence.

(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.

35Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

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) 40In subsection (5) after “shall” insert “, subject to subsection (5A)(a),”.

(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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(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
5architectural or historic interest.

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
10certificate stating that the Secretary of State does not intend to list a
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) 15In subsection (3) after “subsection” insert “(A1) or”.

9 After section 9 (offences) insert—

Heritage partnership agreements

9A Heritage partnership agreements

(1) A relevant local planning authority may make an agreement under
20this section (a “heritage partnership agreement”) with an owner of a
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) 25any other relevant local planning authority;

(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) 30any person involved in the management of the listed
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
35historic interest more generally.

(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) 40specifying any terms on which that consent is given and any
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
5in respect of specified works are those that could be attached to listed
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
10view of the parties to the agreement, affect the character of
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) 15make provision about the carrying out of specified work, or
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
20services;

(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
25specified amounts and on specified terms—

(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) 30For the purposes of subsection (6)(g), each of the following is a
relevant public authority where a party to the heritage partnership
agreement—

(a) the Secretary of State;

(b) the Commission;

(c) 35a relevant local planning authority.

(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
    40building or part; or

    (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
    45building, means a local planning authority in whose area the
    building or any part of the building is situated;

  • “specified” means specified or described in the heritage
    partnership agreement.

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9B Heritage partnership agreements: supplemental

(1) A heritage partnership agreement—

(a) must be in writing;

(b) must make provision for the parties to review its terms at
5intervals specified in the agreement;

(c) must make provision for its termination and variation;

(d) may relate to more than one listed building provided that an
owner of each building, or of part of each building, to which
the agreement relates is party to the agreement; and

(e) 10may contain incidental and consequential provisions.

(2) The Secretary of State may by regulations make provision—

(a) about any consultation that must take place before heritage
partnership agreements are made or varied;

(b) about the publicity that must be given to heritage partnership
15agreements before or after they are made or varied;

(c) specifying terms that must be included in heritage
partnership agreements;

(d) enabling the Secretary of State or any other person specified
in the regulations to terminate by order a heritage
20partnership agreement or any provision of such an
agreement;

(e) about the provision that may be included in an order made
under regulations under paragraph (d), including provision
enabling such orders to contain supplementary, incidental,
25transitory, transitional or saving provision;

(f) applying or reproducing, with or without modifications, any
provision of sections 10 to 28 (applications for listed building
consent etc) for the purposes of heritage partnership
agreements.

(3) 30Regulations made under subsection (2)(a) may, in particular, include
provision as to—

(a) the circumstances in which consultation must take place;

(b) the types of listed building in respect of which consultation
must take place;

(c) 35who must carry out the consultation;

(d) who must be consulted (including provision enabling the
Commission to direct who is to be consulted in particular
cases); and

(e) how the consultation must be carried out.

(4) 40Listed building consent granted by a heritage partnership agreement
(except so far as the agreement or regulations under subsection (2)
otherwise provide) enures for the benefit of the building and of all
persons for the time being interested in it, on the terms and subject to
the conditions upon which the consent is granted.

(5) 45Subject to subsection (4), a heritage partnership agreement cannot
impose any obligation or liability, or confer any right, on a person
who is not party to the agreement.

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(6) Section 84 of the Law of Property Act 1925 (power to discharge or
modify restrictive covenant) does not apply to a heritage partnership
agreement.

10 (1) Section 74 (control of demolition in conservation areas) is amended as
5follows.

(2) In subsection (1) after the first “area” insert “in Wales”.

(3) After subsection (2) insert—

(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings
in conservation areas in England as they have effect in relation to
10listed buildings, subject to such exceptions and modifications as may
be prescribed by regulations.

(4) In subsection (3) after “areas” insert “in Wales”.

(5) In subsection (4) for “Any such regulations” substitute “Regulations made
under subsection (3)”.

11 15In section 75 (cases in which section 74 does not apply) in subsection (11)—

(a) for “that section”, in both places those words appear, substitute
“section 74”, and

(b) after “43” insert “or section 196D of the principal Act (offence of
failing to obtain, or comply with, planning permission for demolition
20of unlisted etc building in conservation area in England)”.

Application

12 Paragraph 7 applies in relation to entries for buildings that are listed, or
entries that are amended, on or after the date on which that paragraph
comes into force.

Section 54

25SCHEDULE 17 Unnecessary regulation: miscellaneous

Part 1 Notification of TV sales etc

Wireless Telegraphy Act 1967 (c. 72)Wireless Telegraphy Act 1967 (c. 72)

1 30The Wireless Telegraphy Act 1967 (the remaining provisions of which make
provision for, and in connection with, the recording and notification of the
sale or hire of televisions etc) is repealed.

2 In consequence, the repeals in the following table have effect.

Short title and chapter Extent of repeal
Post Office Act 1969 (c. 48) 35Section 3.

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Short title and chapter Extent of repeal
Customs and Excise
Management Act 1979 (c. 2)
In paragraph 12 of Schedule 4, the entries in the
table relating to the Wireless Telegraphy Act
1967.
Broadcasting Act 1990 (c. 42) 5Section 180.
Part 2 of Schedule 18.
Communications Act 2003
(c. 21)
Section 367.
Section 393(5)(c).
Section 404(4)(d).
10In Schedule 17, paragraph 39.
Wireless Telegraphy Act 2006
(c. 36)
Section 111(6)(a).
Section 118(6)(a).
In Schedule 7, paragraph 2.

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Saving provision

3 The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
affect the construction of any provision mentioned in subsection (1)(i) or (ii)
of that section that continues to have effect after the commencement of the
5repeal.

Part 2 Water undertakers: in-area ban

Water Industry Act 1991 (c. 56)1991 (c. 56)

4 In section 2 of the Water Industry Act 1991 (general duties with respect to
10water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the
Water Services Regulation Authority where a licensed water supplier is
connected to a relevant undertaker).

Part 3 Bankruptcy early discharge procedure

15Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

5 In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit
subsection (2) (bankrupt discharged early if official receiver files with the
court a notice stating that investigation of the conduct and affairs of the
bankrupt is unnecessary or concluded).