Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Enterprise and Regulatory Reform Bill

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“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
(b)
entitled to a tenancy of the building or part granted or
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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 building or
any part of the building is situated.
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26B
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
intervals specified in the agreement;
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(c)
must make provision for its termination and variation;
(d)
may relate to more than one listed building or part, provided
that in each case a relevant local planning authority and an
owner are parties to the agreement; and
(e)
may contain incidental and consequential provisions.
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(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
agreements before or after they are made or varied;
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(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 partnership
agreement or any provision of such an agreement;
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(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,
transitory, transitional or saving provision;
(f)
applying or reproducing, with or without modifications, any
35
provision of sections 10 to 26 and 28 for the purposes of heritage
partnership agreements;
(g)
providing for any of the following, as they apply for the
purposes of provisions mentioned in paragraph (f), to apply
with any modifications consequential on provision made under
40
that paragraph—
(i)
sections 30 to 37;
(ii)
sections 62 and 63;
(iii)
Parts 3 and 4;
(iv)
Schedule 3.
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(3)
Regulations made under subsection (2)(a) may, in particular, include
provision as to—
(a)
the circumstances in which consultation must take place;

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(b)
the types of listed building in respect of which consultation
must take place;
(c)
who 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);
5
and
(e)
how the consultation must be carried out.
(4)
Listed 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
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persons for the time being interested in it.
(5)
Subject 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.
(6)
Section 84 of the Law of Property Act 1925 (power to discharge or
15
modify restrictive covenant) does not apply to a heritage partnership
agreement.”
(3)
After section 26B insert—
“Buildings in England: orders granting listed building consent
26C
Listed building consent orders
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(1)
The Secretary of State may by order (a “listed building consent order”)
grant listed building consent under section 8(1) in respect of works of
any description for the alteration or extension of listed buildings of any
description in England.
(2)
The consent may be granted subject to conditions specified in the order.
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(3)
Without prejudice to the generality of subsection (2), the conditions
that may be specified include any conditions subject to which listed
building consent may be granted under section 16.
(4)
A listed building consent order may (without prejudice to section 17(2))
give the local planning authority power to require details of works to
30
be approved by them, and may grant consent subject to conditions with
respect to—
(a)
the making of an application to the authority for a
determination as to whether such approval is required, and
(b)
the outcome of such an application or the way it is dealt with.
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(5)
A listed building consent order may enable the Secretary of State or the
local planning authority to direct that consent granted by the order
does not apply—
(a)
to a listed building specified in the direction;
(b)
to listed buildings of a description specified in the direction;
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(c)
to listed buildings in an area specified in the direction.
(6)
An order may in particular make provision about the making, coming
into force, variation and revocation of such a direction, including
provision conferring powers on the Secretary of State in relation to
directions by a local planning authority.
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(7)
Nothing in sections 10 to 26 applies in relation to listed building
consent granted by a listed building consent order; but that does not
affect the application of sections 20, 21 and 22 in relation to an
application for approval required by a condition to which consent is
subject.
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26D
Local listed building consent orders
(1)
A local planning authority for any area in England may by order (a
“local listed building consent order”) grant listed building consent
under section 8(1) in respect of works of any description for the
alteration or extension of listed buildings.
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(2)
Regulations under this Act may provide that subsection (1) does not
apply to listed buildings of any description or in any area.
(3)
The consent granted by a local listed building consent order may
relate—
(a)
to all listed buildings in the area of the authority or any part of
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that area;
(b)
to listed buildings of any description in that area or any part of
that area.
(4)
The consent may be granted subject to conditions specified in the order.
(5)
Without prejudice to the generality of subsection (4), the conditions
20
that may be specified include any subject to which listed building
consent may be granted under section 16.
(6)
A local listed building consent order may enable the local planning
authority to direct that the consent granted by the order in respect of
works of any description does not apply—
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(a)
to a listed building specified in the direction;
(b)
to listed buildings of a description specified in the direction;
(c)
to listed buildings in an area specified in the direction.
(7)
An order may in particular make provision about the making, coming
into force, variation and revocation of such a direction, including
30
provision conferring powers on the Secretary of State.
(8)
Nothing in sections 10 to 26 applies in relation to listed building
consent granted by a local listed building consent order; but that does
not affect the application of sections 20, 21 and 22 in relation to an
application for approval required by a condition to which consent is
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subject.
(9)
Schedule 2A makes provision in connection with local listed building
consent orders.
26E
Powers of Secretary of State in relation to local orders
(1)
At any time before a local listed building consent order is adopted by a
40
local planning authority the Secretary of State may direct that the order
(or any part of it) is not to be adopted without the Secretary of State’s
approval.
(2)
If the Secretary of State gives a direction under subsection (1)—

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(a)
the authority must not take any step in connection with the
adoption of the order until they have submitted the order or the
part to the Secretary of State and the Secretary of State has
decided whether to approve it;
(b)
the order has no effect unless it (or the part) has been approved
5
by the Secretary of State.
(3)
In considering an order or part submitted under subsection (2)(a) the
Secretary of State may take account of any matter the Secretary of State
thinks relevant.
(4)
It is immaterial whether any such matter was taken account of by the
10
local planning authority.
(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.
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(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.
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(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.
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(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—
30
(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
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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.
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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,
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(b)
their setting, or

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(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
5
(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
10
started but before they are completed.
(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
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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).”
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(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
25
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
30
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
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(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
40
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
45
consent are references to the withdrawal of the listed building consent
by revocation or amendment of the order or by issue of the direction.”

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(5)
Schedule 16 (which inserts Schedule 2A to the Planning (Listed Buildings and
Conservation Areas) Act 1990) has effect.
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Listed buildings in England: certificates of lawfulness
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after
section 26G insert—
5
“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
10
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
15
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—
20
(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 issue of the certificate.
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(5)
Works for which a certificate is issued under this section are to be
conclusively presumed to be lawful, provided that—
(a)
they are carried out within 10 years beginning with the date of
issue of the certificate, and
(b)
the certificate is not revoked under section 26I.
30
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—
35
(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
40
local planning authorities.
(4)
In particular, regulations may provide for requiring the authority—

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(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
5
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
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(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
15
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.
20
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
25
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—
30
(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
35
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—
40
(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
under section 26I or within such extended period as may at any
time be agreed in writing between the applicant and the
45
authority,

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