House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 16 October 2012
366

Enterprise and Regulatory Reform Bill, continued

(5)
The Secretary of State—

(a)
may approve or reject an order or part of an order submitted

under subsection (2)(a);

(b)
must give reasons for that decision.

(6)
The Secretary of State—

(a)
may at any time before a local listed building consent order is

adopted by the local planning authority, direct them to modify it

in accordance with the direction;

(b)
must give reasons for any such direction.

(7)
The local planning authority—

(a)
must comply with a direction under subsection (6);

(b)
must not adopt the order unless the Secretary of State gives

notice of being satisfied that they have complied with the

direction.

(8)
The Secretary of State—

(a)
may at any time by order revoke a local listed building consent

order if of the opinion that it is expedient to do so;

(b)
must give reasons for doing so.

(9)
The Secretary of State—

(a)
must not make an order under subsection (8) without consulting

the local planning authority;

(b)
if proposing to make such an order, must serve notice on the local

planning authority.

(10)
A notice under subsection (9)(b) must specify the period (which must not

be less than 28 days from the date of its service) within which the

authority may require an opportunity of appearing before and being heard

by a person appointed by the Secretary of State for the purpose.

(11)
The Secretary of State must give the authority such an opportunity if they

require it within the period specified in the notice.

26F
Considerations in making orders

(1)
In considering whether to make a listed building consent order or local

listed building consent order the Secretary of State or local planning

authority must have special regard to the desirability of preserving—

(a)
listed buildings of a description to which the order applies,

(b)
their setting, or

(c)
any features of special architectural or historic interest which

they possess.

(2)
Before making a listed building consent order the Secretary of State must

consult the Commission.

26G
Effect of revision or revocation of order on incomplete works

(1)
A listed building consent order or local listed building consent order may

include provision permitting the completion of works if—

(a)
listed building consent is granted by the order in respect of the

works, and

(b)
the listed building consent is withdrawn after the works are

started but before they are completed.

Consideration of Bill: 16 October 2012
367

Enterprise and Regulatory Reform Bill, continued

(2)
Listed building consent granted by an order is withdrawn—

(a)
if the order is revoked;

(b)
if the order is varied or (in the case of a local listed building

consent order) revised so that it ceases to grant listed building

consent in respect of the works or materially changes any

condition or limitation to which the grant of listed building

consent is subject;

(c)
if a direction applying to the listed building is issued under

powers conferred under section 26C(5) or 26D(6).”

(4)
After section 28 insert—

“28A
Compensation where consent formerly granted by order is granted

conditionally or refused

(1)
Section 28 also has effect (subject to subsections (2) and (3)) where—

(a)
listed building consent granted by a listed building consent order

or a local listed building consent order is withdrawn (whether by

the revocation or amendment of the order or by the issue of a

direction), and

(b)
on an application for listed building consent made within the

prescribed period after the withdrawal, consent for works

formerly authorised by the order is refused or is granted subject

to conditions other than those imposed by the order.

(2)
Section 28 does not have effect by virtue of subsection (1) if—

(a)
the works authorised by the order were started before the

withdrawal, and

(b)
the order included provision in pursuance of section 26G

permitting the works to be completed after the withdrawal.

(3)
Section 28 does not have effect by virtue of subsection (1) if—

(a)
notice of the withdrawal was published in the prescribed manner

and within the prescribed period before the withdrawal, and

(b)
the works authorised by the order were not started before the

notice was published.

(4)
Where section 28 has effect by virtue of subsection (1), references in

section 28(2) and (3) to the revocation or modification of listed building

consent are references to the withdrawal of the listed building consent by

revocation or amendment of the order or by issue of the direction.”

(5)
Schedule [Local listed building consent orders: procedure] (which inserts

Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act

1990) has effect.’.

Consideration of Bill: 16 October 2012
368

Enterprise and Regulatory Reform Bill, continued

Listed buildings in England: certificates of lawfulness

Secretary Vince Cable

NC10

To move the following Clause:—

‘(1)
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section

26G insert—

“Buildings in England: certificates of lawfulness

26H
Certificate of lawfulness of proposed works

(1)
A person who wishes to ascertain whether proposed works for the

alteration or extension of a listed building in England would be lawful

may make an application to the local planning authority specifying the

building and describing the works.

(2)
For the purposes of this section works would be lawful if they would not

affect the character of the listed building as a building of special

architectural or historic interest.

(3)
If on an application under this section the local planning authority are

provided with information satisfying them that the works described in the

application would be lawful at the time of the application, they must issue

a certificate to that effect; and in any other case they must refuse the

application.

(4)
A certificate under this section must—

(a)
specify the building to which it relates;

(b)
describe the works concerned;

(c)
give the reasons for determining that the works would be lawful;

and

(d)
specify the date of the application for the certificate.

(5)
The lawfulness of any works for which a certificate is in force under this

section is to be conclusively presumed unless there is a material change,

before the works are begun, in any of the matters relevant to determining

their lawfulness.

26I
Certificates under section 26H: supplementary

(1)
An application for a certificate under section 26H must be made in such

manner as may be prescribed by regulations under this Act.

(2)
An application must include such particulars, and be verified by such

evidence, as may be required—

(a)
by the regulations,

(b)
by any directions given under the regulations, or

(c)
by the local planning authority.

(3)
Regulations under this Act may make provision about how applications

for a certificate under section 26H are to be dealt with by local planning

authorities.

(4)
In particular, regulations may provide for requiring the authority—

Consideration of Bill: 16 October 2012
369

Enterprise and Regulatory Reform Bill, continued

(a)
to give to any applicant within a prescribed period such notice as

may be prescribed as to the manner in which the application has

been dealt with; and

(b)
to give to the Secretary of State, and to such other persons as may

be prescribed, prescribed information with respect to such

applications made to the authority, including information as to

the manner in which any application has been dealt with.

(5)
A certificate under section 26H may be issued--

(a)
for the whole or part of the listed building specified in the

application; and

(b)
for all or part of the works described in the application;


and must be in such form as may be prescribed.

(6)
A local planning authority may revoke a certificate under section 26H if,

on the application for the certificate—

(a)
a statement was made or document used which was false in a

material particular; or

(b)
any material information was withheld.

(7)
Regulations under this section may make provision for regulating the

manner in which certificates may be revoked and the notice to be given

of such revocation.

26J
Offences

(1)
A person is guilty of an offence if, for the purpose of procuring a

particular decision on an application (whether or not by that person) for

the issue of a certificate under section 26H, the person—

(a)
knowingly or recklessly makes a statement which is false or

misleading in a material particular;

(b)
with intent to deceive, uses any document which is false or

misleading in a material particular; or

(c)
with intent to deceive, withholds any material information.

(2)
A person guilty of an offence under subsection (1) is liable—

(a)
on summary conviction, to a fine not exceeding the statutory

maximum; or

(b)
on conviction on indictment, to imprisonment for a term not

exceeding two years, or a fine, or both.

(3)
Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a

magistrates’ court may try an information in respect of an offence under

subsection (1) whenever laid.

26K
Appeals against refusal or failure to give decision on application

(1)
Where an application is made to a local planning authority for a

certificate under section 26H and—

(a)
the application is refused or is refused in part, or

(b)
the authority do not give notice to the applicant of their decision

on the application within such period as may be prescribed by an

order under section 26I or within such extended period as may at

any time be agreed in writing between the applicant and the

authority,


the applicant may by notice appeal to the Secretary of State.

Consideration of Bill: 16 October 2012
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Enterprise and Regulatory Reform Bill, continued

(2)
A notice of appeal under this section—

(a)
must be served within such time and in such manner as may be

prescribed by an order made by the Secretary of State;

(b)
must be accompanied by such information as may be prescribed

by such an order.

(3)
The time prescribed for the service of a notice of appeal under this section

must not be less than—

(a)
28 days from the date of notification of the decision on the

application; or

(b)
in the case of an appeal under subsection (1)(b), 28 days from—

(i)
the end of the period prescribed as mentioned in

subsection (1)(b), or

(ii)
as the case may be, the extended period mentioned in

subsection (1)(b).

(4)
On an appeal under this section, the Secretary of State must grant the

appellant a certificate under section 26H or, in the case of a refusal in

part, modify the certificate granted by the authority on the application, if

and so far as the Secretary of State is satisfied—

(a)
in the case of an appeal under subsection (1)(a), that the

authority’s refusal is not well-founded, or

(b)
in the case of an appeal under subsection (1)(b), that if the

authority had refused the application their refusal would not have

been well-founded.

(5)
If and so far as the Secretary of State is satisfied that the authority’s

refusal is or, as the case may be, would have been well-founded, the

Secretary of State must dismiss the appeal.

(6)
Where the Secretary of State grants a certificate under section 26H on an

appeal under this section, the Secretary of State must give notice to the

local planning authority of that fact.

(7)
References in this section to a refusal of an application in part include a

modification or substitution of the description in the application of the

works concerned.

(8)
Schedule 3 applies to an appeal under this section.”’.

Secretary Vince Cable

NS1

To move the following Schedule:—

‘Local listed Building consent orders: procedure


In the Planning (Listed Buildings and Conservation Areas) Act 1990, after

Schedule 2 insert—



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