Citation, commencement and application

1.–(1) These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment No.2) (England) Regulations 2009 and shall come into force on 2nd November 2009.

(2) These Regulations apply in relation to England only.

Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

2. For Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990(4) substitute-

Regulation 14

"SCHEDULE 4 NOTICE THAT A BUILDING HAS BECOME LISTED

IMPORTANT - THIS COMMUNICATION AFFECTS YOUR PROPERTY

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990

BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

To:

NOTICE IS HEREBY GIVEN that the building known as [insert address] situated in [insert district or borough] has on [insert date] been included in a list of buildings of special architectural or historic interest approved by the Secretary of State for Culture, Media and Sport under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Date [insert date] [Town Clerk] [Clerk of the Council] [Chief Executive]

Note

Listing of Buildings of Special Architectural or Historic Interest

The above notice is addressed to you as owner or occupier of the building named, which has been included in one of the lists of buildings of special architectural or historic interest under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 approved by the Secretary of State for Culture, Media and Sport. The lists are compiled by the Historic Buildings and Monuments Commission for England (English Heritage) and approved by the Secretary of State after consultation with English Heritage and such other persons or bodies as appear to the Secretary of State appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest. Further information on the listing process, including information about how to apply for an amendment to the lists (for example, an application for removal of a building from the lists), is available from English Heritage.

If you wish to undertake any works for the demolition of the building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, you will need the works to be authorised by the local planning authority, that is to say, you must seek "listed building consent".

You should note that it is an offence to carry out any such demolition works without obtaining listed building consent. A conviction for this offence could result in a fine or even imprisonment. Nevertheless, it is a defence to prove that–

(a) works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

(b) it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

(c) the works carried out were limited to the minimum measures immediately necessary; and

(d) notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

Some buildings are exempt from the requirement to obtain listed building consent, notably certain ecclesiastical buildings which are for the time being used for ecclesiastical purposes (this does not apply to a building used or available for use wholly or mainly by a minister of religion as a residence from which to perform the duties of his or her office). It should be noted that the Secretary of State has exercised powers under the Planning (Listed Buildings and Conservation Areas) Act 1990 to restrict and exclude the operation of this exemption.

If at any time you propose to take any action which may affect the character of your building as a building of special architectural or historic interest, you would be well advised to refer to the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 and of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519) as amended). Further details can be obtained from your local planning authority.

This note does not purport to be a definitive statement of the law.

NOTICE THAT A BUILDING HAS CEASED TO BE LISTED

IMPORTANT - THIS COMMUNICATION AFFECTS YOUR PROPERTY

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990

BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

To:

NOTICE IS HEREBY GIVEN that the building known as [insert address] situated in [insert district or borough] has by an amendment approved by the Secretary of State for Culture, Media and Sport under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 on [insert date], been excluded from a list of buildings of special architectural or historic interest approved by the Secretary of State for Culture, Media and Sport.

Date [insert date] [Town Clerk] [Clerk of the Council] [Chief Executive]

Note

Listing of Buildings of Special Architectural or Historic Interest

The above notice is addressed to you as owner or occupier of the building named, which has been excluded from one of the lists of buildings of special architectural or historic interest under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The lists are compiled by the Historic Buildings and Monuments Commission for England (English Heritage) and approved by the Secretary of State for Culture, Media and Sport after consultation with English Heritage and such other persons or bodies as appear to the Secretary of State appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest. Further information on the listing process, including information about how to apply for an amendment to the lists (for example, an application for removal of a building from the lists) is available from English Heritage.".

Revocation

3. The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2005(5) are revoked.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (SI 1990/1519) as amended (-�the 1990 Regulations´).

Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (-�the 1990 Act´) requires the Secretary of State to compile lists of buildings of special architectural or historic interest, or to approve such lists compiled by the Historic Buildings and Monuments Commission for England (English Heritage) or by any persons or bodies of persons.

The responsibility for compiling the lists under section 1 of the 1990 Act has transferred from the Secretary of State to English Heritage, with the Secretary of State being responsible for the approval of those lists.

Regulation 2 of these Regulations substitutes Schedule 4 to the 1990 Regulations to reflect the fact that the Secretary of State is now responsible for approving the lists of buildings of special architectural or historic interest under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.