40 Consultation with relevant local planning authority
(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.
41 Representations received by the relevant local planning authority
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.
42 Information to be published following the last representation period
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—
(a) the required information provided by the relevant local planning authority in accordance with article 35, and
(b) any written representations made in relation to the application which were received within the applicable representation period.
43 Prescribed period for determination of procedure
For the purposes of section 319A(3) of the 1990 Act the prescribed period within which the Secretary of State must decide the procedure to be followed for the determination of a Crown development application with, where applicable, a connected listed building application, is 5 working days beginning with the day after the end of the last representation period.
(1) As soon as practicable after a determination has been made under section 319A of the 1990 Act of the procedure to be followed to determine the application, the Secretary of State must send a notice to—
(a) the applicant,
(b) the relevant local planning authority, and
(c) all persons who made representations to the Secretary of State within the applicable representation period.
(2) The notice in paragraph (1) must state—
(a) the procedure to be followed to determine the application,
(b) where a hearing or local inquiry is to be held, that persons may request in writing to participate in the hearing or inquiry, and
(c) the address of the Secretary of State to which they may make a such a request.
(3) The Secretary of State must publish the notice on the website referred to in article 16 at the same time as the notice is sent to the persons specified in paragraph (1).
(1) This Chapter applies where the Secretary of State has determined under section 319A of the 1990 Act that a Crown development application with, where applicable, a connected listed building application, is to be determined on the basis of representations in writing.
(2) In this Chapter, the “decision maker” is—
(a) in the case of a standard application, the person appointed in accordance with section 293I of the 1990 Act, or
(b) in the case of a recovered application, the Secretary of State.
(3) In this article—
“recovered application” means an application which falls to be determined by the Secretary of State as a consequence of a direction made under section 293J(1) of the 1990 Act;
“standard application” means means an application which falls to be determined by a person appointed by the Secretary of State under section 293I of the 1990 Act.
(1) When making their determination, the decision maker—
(a) must take into account any representations made to the Secretary of State by a person pursuant to any notice of, or information about, or consultation in relation to, the application, under—
(i) in relation to the Crown development application, articles 9, 16, 17, 18, 20, 21, or 22, and
(ii) in relation to the connected listed building application, articles 30, 36, 37, 39, or 40,
which have been received within the applicable representation period, and
(b) may disregard any representations or information received by the Secretary of State after the end of the applicable representation period.
(2) If, after the end of the last representation period, the decision maker takes into consideration any new information (not being a matter of government policy), the decision maker must not determine the application without first—
(a) notifying in writing the applicant and any interested person of the new information, and
(b) affording them an opportunity of making written representations to the decision maker.
(3) In this article, “interested person” means, in relation to an application, a person who made representations to the Secretary of State in relation to the application within the applicable representation period.
47 Time periods for decision: Crown development application
(1) The Secretary of State must not determine a Crown development application, where any notice of, or information about, the application has been—
(a) published in a newspaper under article 9, before the end of the period of 14 days beginning with the date on which the notice was published;
(b) served on an owner of the land or agricultural tenant under article 9, before the end of the period of 21 days beginning with the date on which the notice was served on that person;
(c) given by site display under article 9, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display;
(d) published in a newspaper under article 16, before the end of the period of 14 days beginning with the date on which the notice was published;
(e) published on a website under article 16, before the end of the period of 21 days beginning with the date on which the information was published;
(f) served on an adjoining owner or occupier under article 17, before the end of the period of 21 days beginning with the date on which the notice was served on that person;
(g) given by site display under article 17, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display;
(h) given to an infrastructure manager under article 18, before the end of the period of 21 days beginning with the date on which the notice was first given to that person.
(2) When computing the number of days in sub-paragraphs (d) to (g) of paragraph (1), any day which is a public holiday must be disregarded.
(3) In the case of an EIA application accompanied by an environmental statement, the Secretary of State must not determine a Crown development application, where any notice of, or information about, the application has been—
(a) published on a website under article 16, before the end of the period of 30 days beginning with the date on which the information was published;
(b) published in a newspaper under article 16, before the end of the period of 30 days beginning with the date on which the information was published;
(c) given by site display under article 17, before the end of the period of 30 days beginning with the date when the notice was first displayed by site display.
48 Time periods for decision: connected listed building application
(1) The Secretary of State must not determine a connected listed building application, where any notice of, or information about, the application has been—
(a) published in a newspaper under article 30, before the end of the period of 14 days beginning with the date on which the notice was published,
(b) served on an owner of the listed building under article 30, before the end of the period of 21 days beginning with the date on which the notice was served on that person,
(c) published in a newspaper under article 36, before the end of the period of 21 days beginning with the date on which the information was published,
(d) published on a website under article 36, before the end of the period of 21 days beginning with the date on which the notice was published, and
(e) given by site display under article 37, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display.
(2) When computing the number of days in sub-paragraphs (c) to (e) of paragraph (1), any day which is a public holiday must be disregarded.
49 Contents of the decision notice: Crown development application
(1) When the Secretary of State gives notice of a decision on a Crown development application to the applicant—
(a) where planning permission is granted, the notice must include—
(i) information relating to the condition in paragraph 13 of Schedule 7A to the 1990 Act (biodiversity gain condition) including that there are exemptions, transitional provisions and requirements relating to irreplaceable habitat,
(ii) information to note the effect of section 73(2D) of the 1990 Act (earlier biodiversity gain plan in relation to a previous planning permission regarded as approved for purposes of paragraph 13 of Schedule 7A),
(iii) details of the planning authority under paragraph 12(1) of Schedule 7A to the 1990 Act (biodiversity gain in England), and
(iv) where development is to proceed in phases and the modifications in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply, a statement to that effect and to the effect that biodiversity gain plans are required before development may be begun and required before each phase of development may be begun;
(b) where planning permission is granted subject to conditions, the notice must state clearly and precisely the full reasons for—
(i) each condition imposed, and
(ii) in the case of each pre-commencement condition, the condition being a pre-commencement condition;
(c) where planning permission is refused, the notice must state clearly and precisely the full reasons for the refusal, specifying all the policies and proposals in the development plan which are relevant to the decision.
(2) References in paragraph (1)(b) to a condition do not include a condition under paragraph 13 of Schedule 7A to the 1990 Act (the biodiversity gain condition).
(3) In paragraph (1)(b)(ii) “pre-commencement condition” means a condition imposed on the grant of planning permission which must be complied with—
(a) before any building or other operation comprised in the development is begun, or
(b) where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.
50 Contents of the decision notice: connected listed building application
When the Secretary of State gives notice of a decision on a connected listed building application to the applicant—
(a) where listed building consent is granted subject to conditions, the notice must state clearly and precisely the full reasons for each condition imposed, and
(b) where the listed building consent is refused, the notice must state clearly and precisely the full reasons for the refusal, specifying all the policies and proposals in the development plan which are relevant to the decision.
51 Publishing the decision: Crown development application
Before the end of the period of 5 working days beginning with the day the notice referred to in article 49(1) (“the decision notice”) was sent to the applicant, the Secretary of State must—
(a) make copies of the following documents, in relation to the Crown development application, available on the website referred to in article 16—
(i) the decision notice, and
(ii) a copy of any statement explaining the decision prepared by the Secretary of State or a person appointed under section 293I of the 1990 Act, as the case may be,
(b) send a copy of the decision notice to—
(i) the relevant local planning authority, and
(ii) where the relevant local planning authority is not the local planning register authority for the land to which the application relates, the local planning register authority, and
(c) send, to every person who has asked to be notified of the decision in relation to the application, a notice explaining that the decision has been made and details of where on the website referred to in sub-paragraph (a) a copy of the decision notice can be found.
52 Publishing the decision: connected listed building application
Before the end of the period of 5 working days beginning with the day the notice referred to in article 49(1) (“the decision notice”) was sent to the applicant, the Secretary of State must—
(a) make copies of the following documents, in relation to the connected listed building application, available on the website referred to in article 36—
(i) the decision notice, and
(ii) a copy of any statement explaining the decision prepared by the Secretary of State or a person appointed under section 293I of the 1990 Act as the case may be,
(b) send a copy of the decision notice to the relevant local planning authority, and
(c) send a notice explaining that the decision has been made and details of where on the website referred to in paragraph (a) a copy of the decision notice can be found to—
(i) each consultee consulted in relation to the application under article 39, and
(ii) every person who has asked to be notified of the decision in relation to the application.
Where the local planning register authority is notified of a decision on a Crown development application made by the Secretary of State, the local planning register authority must, before the end of the period of 5 working days beginning with the day a copy of the decision notice was received by the authority, place a copy of the decision notice together with the application, accompanying documents, and information on the register required to be kept under article 40 of the 2015 Order.
54 Prohibition on disclosure of sensitive information
(1) This article applies where the Secretary of State directs that information relating to, or contained within, a Crown development application is sensitive information in accordance with section 293H(7) of the 1990 Act.
(2) Where any information relating to, or contained within, an application is sensitive information any provision of this Order that would otherwise result in the public disclosure of such information does not apply in relation to that information.
Schedule 3 Modifications to the Listed Buildings Act for connected listed buildings applications
Article 27
1 The Listed Buildings Act is modified as follows for the purposes of a connected listed building application.
2 Section 10 is to be read as if—
(a) in subsection (1)—
(i) the words “Except as provided in sections 12 to 15,” were omitted, and
(ii) the words “local planning authority” were replaced with “Secretary of State, in accordance with section 293E of the principal Act and any development order made under section 293H(5) of that Act”,
(b) in subsection (2)(c) the word “authority” were replaced with “Secretary of State”, and
(c) subsections (3) to (5) were omitted.
3 Section 11 is omitted.
4 Section 23(1) is to be read as if after “under this Act” there is inserted “but not including consent granted following an application made in accordance with section 293E of the principal Act”.
5 Sections 81A(2) and 81B(3) are to be read as if after “section 12” there is inserted “or made to the Secretary of State in accordance with section 293E of the principal Act”.